2017.11.07 Work Session Packet (2nd)
Posted: Nov. 3, 2017
City Council
Second Work Session Agenda
Nov. 7, 2017
Following the City Council meeting
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the second work session of the Crystal City Council was held at ______ p.m. on Nov. 7, 2017 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Kolb ____ Norris
____ LaRoche ____ Therres
____ Parsons ____ Gilchrist
____ Adams ____ Elholm
____ Budziszewski ____ McGann
____ Dahl ____ Olson
____ Deshler ____ Ray
____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Review 2018 budget
2. Review proposed Unified Development Code
3. Constituent issues update
4. New business*
5. Announcements*
* Denotes no supporting information included in the packet.
III. Adjournment
The work session adjourned at ______ p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-
1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: November 7, 2017
TO: Mayor and City Council
Anne Norris, City Manager
FROM: Jean McGann, AEM Financial Solutions, LLC
SUBJECT: Continued discussion on the 2018 Budget and Property Tax Levy
Background
The City Council has held two work sessions to discuss property tax revenues and budget
proposals. These sessions were held on August 10th and August 17th, 2017. The outcomes of
the budget work sessions were to provide for a preliminary property tax levy increase of 6%
recognizing the City has the opportunity to reduce the overall property tax levy before the final
certifications is due on December 28, 2017 however; the property tax levy may not be
increased.
Based on the work session discussion, staff are aware of two outstanding items items Council is
considering;
• Property tax levy increase – is the Council comfortable moving forward with a 6%
property tax levy increase?
• Parks – does the Council want to add a full-time Parks Maintenance employee or direct
the $80,000 cost towards contractual services?
Other discussion
During previous budget work sessions, the topic of Local Government Aid being directed
towards capital needs rather than the General Fund has been discussed.
For 2018 the City anticipates receiving $1,744,267 in Local Government Aid. Of this amount,
$289,201 is being directed to the PIR (capital) Fund. This leaves $1,455,066 allocated to the
General Fund.
If the Council would like to move towards non-reliance of Local Government Aid for operating
purposes (General Fund) the Council could redirect the $266,220 of property tax revenue in the
PIR (Capital) Fund to the General Fund and replace it with $266,220 of Local Government Aid in
the General Fund to the PIR (Capital) Fund. The end result of this transaction would be to have
only Local Government Aid supporting the PIR (Capital) Fund. In future years, the Council could
choose to allocate a certain percent for a property tax increase that would be allocated to the
General Fund and offset the Local Government Aid allocation from the General Fund to the PIR
(Capital) Fund.
Conclusion
The City Council is requested to continue discussions on the 2018 Budget and Property Tax
Levy.
November 7, 2017
Outstanding items for Council consideration
Property tax levy increase of 6%
Parks Maintenance employee addition or
capital
Category 2015
Actual
2016
Actual
2017
Budget
2018
Proposed
2018
Change
Taxes: Property &
Assessments
$8,372,633 $8,100,043 $8,783,900 $ 9,337,559 $553,659 (5.79%)
Intergovernmental
Revenue
1,991,430 2,048,954 1,973,909 2,135,009 161,100 (8.16%)
Licenses & Permits 808,695 773,479 836,256 844,228 7,972 (.95%)
Charges for Services 673,370 793,092 766,677 830,751 64,074 (8.36%)
Investment Income 48,167 75,154 60,000 68,000 8,000 (13.33%)
Fines & Forfeits 309,358 322,009 326,000 304,000 (22,000) -6.75%
Interfund Services 308,213 332,886 335,061 434,049 98,988 (29.54%)
Transfers In --110,414 10,400 (100,014) N/A%
Other 33,079 58,796 19,200 73,080 53,880 (280.63%)
TOTAL $12,544,945 $12,504,413 $13,211,417 $14,037,076 $825,659 (6.25%)
Category 2015
Actual
2016
Actual
2017
Budget
2018
Proposed
2018
Change
City Council, Admin.,
Elections, Legal, Finance
$2,072,481 $2,333,780 $2,383,046 $2,291,364 $91,682 (-3.85%)
Police 4,555,663 4,851,832 5,057,200 5,629,175 571,975 (11.31%)
Fire 1,188,463 1,239,663 1,300,110 1,360,507 60,397 (4.65%)
Community Development 736,814 523,035 559,814 571,191 11,377 (2.03%)
Streets, Parks, Buildings,
Forestry, Engineering
2,358,462 2,256,907 2,451,239 2,590,741 139,502 (5.69%)
Recreation 1,326,338 1,448,395 1,460,008 1,594,098 134,090 (9.18%)
Transfers out 519,994 ----
Total $12,758,213 $12,653,612 13,211,417 14,037,076 825,659 (6.25%)
Major Revenue Changes Total Cost per capita*
Projected Property Tax Increase of 5.79%$501,559 $21.95
Police COPS grant $85,000 $3.72
Delinquent Property Tax Collection $52,000 $2.28
Police Drug Task Force $30,000 $1.31
Police Post Board Reimbursement $29,700 $1.30
Historic Donations and reimbursements $32,600 $1.43
Interfund services based on cost analysis $98,988 $4.33
Miscellaneous Increases $49,326 $2.16
Others + transfer/fine reductions -$53,514 -$2.34
Total $825,659 $36.14
*Per capital costs based on the Metropolitan Council’s estimated population of
22,855 for the City of Crystal in 2016.
Major Expenditure Changes Total Cost Cost per capita*
Wage /benefit adjustments and potential
addition of 1 Parks Maintenance staff
$387,739 $16.97
Two cops funded with COPS grant $162,000 $7.09
Other Public Safety: Body cameras,
Logis charges, capital cost increases, etc.
$97,700 $4.28
Elections $47,274 $2.07
Website Redesign (not to exceed estimate)$40,000 $1.75
Miscellaneous increases $90,946 $3.98
Total $825,659 $36.14
*Per capital costs based on the Metropolitan Council’s estimated population of
22,852 for the City of Crystal in 2015.
Fund 2015
Actual
2016
Actual
2017
Levied
2018
Proposed
2018
Change
General Fund $8,262,652 $8,015,940 $8,657,000 $9,170,559 $513,559 (5.93%)
Pool Bonds Debt
Service
208,849 210,600 212,000 -$(212,000)
EDA 237,245 246,200 277,200 277,200 $0 (0%)
Capital
Improvement Funds
566,245 1,119,160 1,141,620 1,457,330 315,710 (27.65%)
Total Tax Levy $9,275,323 $9,591,900 $10,287,820 $10,905,089 $617,269 (6%)
Fund 2017
Levied
2018
Proposed
2018
Change
Police Equipment Revolving $137,400 $151,900 $14,500 (10.55%)
PIR 266,220 567,430 301,210 (113.14%)
Major Building Replacement 574,400 574,400 -(0%)
Street Maintenance 163,600 163,600 -(0%)
Total Capital Improvement Levy $1,141,620 $1,457,330 $315,710 (27.65%)
2017 Market
Home Value
Taxable
Market Value
2017
Actual
2018
Estimated
Increase/
(Decrease)
$146,610 $122,600 $617 $654 $36
162,900 140,300 707 748 42
181,000 160,100 806 854 48
217,200 199,500 1,005 1,064 59
260,640 246,900 1,243 1,317 73
The following table summarizes the estimated tax impact on
residential homes based on the proposed increase in city tax levy.
The median home value per MLS listings is $180,575. The 2018 estimated tax
represents values at, below and above the median value.
Aug. 10 Work session review of general fund, capital budget,enterprise
funds, property tax levy, utility rates and fee schedule.
Aug. 17 Work session to review capital budgets and capital funding.
Sept. 5 Adopt preliminary 2018 operating budgets and preliminary
tax levy.
Sept.14 Work session (if needed).
Sept. 19 Adopt 2018 fee schedule and utility rates.
Oct.3 Opportunity for public input.
Dec. 5 Review and adopt final 2018 property tax levy and budget.
PAGE 1 OF 7
_____________________________________________________________________
FROM: Dan Olson, City Planner
DATE: November 2, 2017
TO: Anne Norris, City Manager (for November 7 meeting)
SUBJECT: Discuss proposed Unified Development Code (UDC)
A. BACKGROUND
At the April 13, 2017 City Council work session, the Council provided direction on various
policy issues relating to the updating of the zoning code and related regulations. Since then
the Planning Commission has been reviewing proposed sections of the new ordinance,
which combines requirements for zoning, subdivision, and signs into one ordinance called
the Unified Development Code (UDC). The total page count would be reduced from 243 to
179, even with new illustrations and tables added to make it more user-friendly. More
specifically the following existing City Code sections will be deleted in entirety and replaced
with the UDC:
o Section 405: Signs
o Section 500: Planning Commission
o Section 503: Board of Appeals and Adjustments
o Section 505: Subdivision regulations
o Section 510: Park dedication
o Section 515: Zoning
o Section 520: Site and building plan review
o Section 530: Statutory authorization (surface water management
requirements)
o Section 830: Tree removal and replacement standards
The Planning Commission has finished reviewing the proposed UDC and is expected to
hold a public hearing on the new ordinance at their meeting on December 11th. Before that
public hearing is held, staff is providing information to the City Council about the mos t
significant changes to the city’s land use regulations. The draft UDC is attachment A.
B. SIGNIFICANT CHANGES
Formatting Changes
The City’s code review task force recommended that the new code reduce repetitive
language. The new code uses tables and graphics to reduce repetition and to explain
COUNCIL STAFF REPORT
Discuss proposed Unified Development Code
PAGE 2 OF 7
requirements in an easier to understand format. In most cases the changes to the UDC do
not create new regulations, but simply make it easier for the reader to understand what is
being required.
Definitions
The UDC combines all definitions into one section, where they had previously been
dispersed throughout the regulations. Staff has also added definitions so that the reader is
able to understand more clearly what is being required.
UDC Administration
The administration section clarifies the roles of the Planning Commission, Board of Appeals
and Adjustments and the zoning administrator. This section also describes requirements
for land use applications and holding public hearings for all application types. Previously
this information was repeated for each land use application type. A table describes which
type of review is required for each application type.
Zoning Certificate. Staff has created a new streamlined process which uses a “zoning
certificate” for approvals by city staff. These administrative approvals include:
Accessory uses and structures
Temporary uses, such as food trucks and outdoor sales or dining
Changes of use where the use is permitted in the zoning district and no building
expansion is proposed
New single or two-family dwellings
Expansion of a parking lot footprint of 25% or less
Additions to existing nonresidential buildings of less than 50% of the building
footprint
Subdivisions. For subdivision of properties, the UDC proposes the following:
Adjacent Parcel Land Conveyance. This application applies in those instances
where slight adjustments are made to the property line, but buildable lots are not
created. The most common example is when a single-family property owner sells a
small strip of land to their neighbor. The application will be approved by staff after
the submittal of supporting documentation, such as a property survey.
Lot consolidation. This application applies in those instances where the applicant is
combining two or more properties. The most common example is when a property
owner wants to combine two properties to construct a building over what would have
been a property line. The application will be approved by the City Council, with no
review by the Planning Commission, after the submittal of a final plat document.
Subdivision. This application applies in those instances where the application is
creating new buildable lots. The Gardendale Subdivision is an example of this type
of application. The application will be approved by the City Council, after a public
hearing and recommendation by the Planning Commission, and involves the
submittal of preliminary and final plat documents.
Zoning Districts and Use Regulations
The zoning district and use regulations section defines the city’s zoning districts and what
land uses are allowed in each district. The most significant changes to this section are:
PAGE 3 OF 7
Combine commercial districts. The Neighborhood Commercial (C-1) district and the
General Commercial (C-2) district are combined into one commercial district.
Table of Uses. The permitted, accessory, conditional and temporary uses within
each zoning district are displayed in a table format rather than being repeated within
each district’s requirements. The table includes a reference to standards required
for that specific use, which are later described in detail in one location rather than
being repeated within each zoning district. In some cases uses that required City
Council approval now can be approved administratively.
Temporary Uses. Temporary uses, such as food trucks and outdoor dining, would
now be approved administratively by staff.
Telecommunication Towers. The telecommunications section allows cell phone
towers to be constructed with an approved conditional use permit on public or semi-
public property such as parks and schools, subject to the submittal of information
showing the telecommunication equipment cannot be co-located on an existing
tower.
Vehicle Impound Lots. City staff has received an inquiry from a property owner on
Hanson Court to delete the requirement that a vehicle impound lot can only be
located on properties of at least one acre in size. Under the current standard
adopted in 2015, the city has allowed two impound lots by CUP. Staff believes that if
this code change is made, the city could see up to two additional impound lots in the
city – both on Hanson Court. The Council can direct staff to amend the proposed
UDC before the Planning Commission public hearing, or ask the Commission to
make a recommendation on this issue to the City Council. This should be
discussed at the November 7th work session if time permits.
Development Standards
Development standards are the requirements for lot area, width and length, requirements
for building setbacks and height, and requirements for fences, landscaping, parking and
surface water management. Many of these requirements are displayed in a table format,
and illustrations are used to help the reader understand the requirements. The most
significant changes to this section are:
Building Height. The height of buildings with a gable roof would be measured
halfway up to the peak, rather than at the peak.
Residential Densities. Permitted residential densities have been increased slightly.
Attachment B shows what various densities look like.
Lot Dimensions. For single-family lots, staff recommended to the Planning
Commission that the minimum lot width be reduced from 60 feet to 50 feet.
However the Commission prefers that the minimum lot width remain at 60 feet. The
UDC also reduces minimum lot area requirements and would allow more two-family
dwellings in the R-1 district.
Residential Building Size. Minimum size requirement for residential units, including
homes and apartments, have been deleted. However the UDC still requires that
there be no more than one principal building on each parcel.
Fence Requirements. Graphics have been added to the fence requirements to help
the reader understand the requirements for different property types, including corner
lots. Text has been added to prohibit certain fence materials, including barbed wire
and razor wire, for new fences.
PAGE 4 OF 7
Landscaping Requirements. The most significant changes to the landscaping
requirements are:
o A list of City Council approved trees will assist in providing a diversity of trees
within the city to curtail the spread of disease or insect infestation in a single
tree species.
o The requirement to install a sprinkler system has been deleted.
Parking Requirements. The most significant changes to the parking requirements
are:
o The minimum number of spaces has been reduced for retail and office uses
to one space per 500 square feet of floor area, rather than the current
requirement of one space per 300 square feet of floor area.
o The required minimum and maximum number of parking spaces may be
modified by 10% through a staff approval rather than having to submit a
conditional use permit application as is currently the case.
o The applicant would be allowed to fulfill parking requirements through
“shadow parking”, which allows parking spaces to be shown on the site plan,
but not constructed unless it is determined later that the parking is needed.
o Deletes the option to fulfill parking requirements through off-site parking
spaces. Staff rarely, if ever, receives requests to satisfy parking
requirements through off-site parking. Staff also has concerns about
pedestrians safely accessing these spaces on busier roadways. Relief from
parking requirements is available by other means.
o The applicant now has the option to construct smaller parking spaces for
compact cars and for “low turnover” spaces, where the typical user parks for
more than two hours.
Stormwater Management. Surface water, drainage and erosion control requirements
have not been significantly modified. However staff is proposing to make changes
based on the comments of the two watershed management organizations. These
amendments may be completed separately after the UDC is approved, but would be
reviewed by the Planning Commission and City Council.
Subdivision of Land
Development Agreements. Staff has revised the city’s requirements for
development agreements, which may be required as a result of the subdivision of
property.
Design Standards. Subdivision design standards have been added to the UDC.
Except for park dedication requirements, these standards were referenced in the
subdivision code, but these standards did not exist. The standards provide
requirements for blocks, streets, alleys, and culs-de-sac, sidewalks and trails, and
utilities.
Signs
Content Neutral. The existing sign code is proposed to be deleted and replaced with
a sign code that is “content-neutral”. This is due to some cities having their sign
codes declared unconstitutional because they have different sign requirements
based on the content of the sign message (i.e. different requirements for non -profit
organizations versus commercial businesses).
Sign Hangers License. The requirement to obtain a sign hangers license has been
deleted.
PAGE 5 OF 7
Wall Signs. The UDC deletes the prohibition of painting signs on walls.
Planning Commission Recommendation on Alternative Dwelling Types
In the course of reviewing proposed sections of the UDC, the Planning Commission
discussed staff research on two alternative dwelling types: temporary family health care
dwellings and accessory dwelling units.
Temporary family health care dwellings. In 2016 the state legislature adopted
requirements to allow these dwellings in city codes. These structures provide a
temporary dwelling, similar to a recreational vehicle, for mentally or physically
impaired family members. In 2016 the City Council opted to not adopt an ordinance
based on the state statute, but indicated an ordinance that is tailor-made for Crystal
could be adopted. The Planning Commission recommended that the City Council
not adopt an ordinance at this time for the following reasons:
o If these dwellings were allowed temporarily for a specific, limited period, it
would be difficult for the city to remove the resident once their permit has
expired;
o If these dwellings were allowed in Crystal, those residents who own
recreational vehicles may request that they also be able to use their vehicles
as living space;
o It would be difficult and expensive to connect these temporary dwellings to
city sewer and water;
o The city has not had any requests for these dwelling types, and if there is a
desire by residents for these dwellings, the city could create an ordinance at
that time;
o The city’s residential properties are generally too small to accommodate
these dwellings.
None of the five cities adjacent to Crystal allows these temporary dwellings.
According to the League of Minnesota Cities, more cities opted out of adopting an
ordinance than adopted one in conformance with state law, but the League does not
track which cities have adopted ordinances.
Accessory dwelling units (ADU). These dwellings can be either a separate unit
within the home, such as a basement apartment, or as part of a detached accessory
building such as a garage. The Planning Commission made the following
recommendations to the City Council:
Recommended approval of reducing the required lot area to allow additional two-
family dwellings in the R-1 zoning district. Relaxing the area standards will allow
for a more diverse housing stock in the city and also allow some existing
basement apartments to conform to the city’s zoning regulations. This change
has been included in the UDC.
Recommended that the City Council not allow dwelling units as part of a
detached accessory building for the following reasons:
o It would be difficult and expensive to connect these dwelling units to city
sewer;
PAGE 6 OF 7
o The city has not had many requests for these dwelling types, and if there is a
strong desire by residents for these dwellings, the city could create an
ordinance at that time;
None of the five cities adjacent to Crystal allows dwellings in a detached accessory
building.
Proposed Zoning Map Changes
Based on the proposed UDC text, the existing zoning map would be modified to reflect the
following changes. A copy of the existing zoning map is attachment C, and the proposed
zoning map will be provided at the November 7th work session.
Combine Commercial Districts. The Neighborhood Commercial (C-1) district and
General Commercial (C-2) district have been combined into one Commercial (C)
district.
Crystal Airport. The Crystal Airport is shown as a base zoning district rather than an
overlay district
Floodplain District. The floodplain overlay district boundary (100 year floodplain) is
now shown
Map Colors. Zoning map district colors have been changed to reflect colors typically
used on zoning maps
Relocated Ordinances
Two ordinances currently found in the zoning code are proposed to be relocated to other
sections of City Code:
Site visibility triangle. These regulations provide requirements to prevent traffic
visibility hazards when placing structures, fences, signs, or vegetation near street
intersections. These requirements are proposed to be moved to c ity code section
2010 (Nuisances).
Certificate of occupancy. These regulations provide requirements for issuing the
certificate when a building project is completed. These requirements are proposed
to be moved to Chapter 4 of the city code (Building, Housing and Construction
regulations).
Proposed Transit-Oriented Overlay District
The cities along the proposed LRT corridor have received a grant from the Federal Transit
Administration (FTA) to write regulations for a transit-oriented overlay district (TOD) within
each city. These requirements would offer alternatives to property owners who are
interested in redeveloping their property. The general idea is that if the market changes due
to LRT, we want to allow transit-oriented development as an option while still allowing
current development patterns to continue. A consultant has been retained to help each city
draft a TOD ordinance, with input from the City Council and Planning Commission. This
work is expected to be completed in mid-2018.
Status of formatting and legal review
The city attorney has been reviewing the proposed UDC and is expected to complete that
review by November 20th. This review will resolve any outstanding legal or formatting
issues so that the UDC is ready for first reading by the Council in December.
PAGE 7 OF 7
Adoption Schedule
The following is the proposed schedule for adopting a new ordinance:
Nov. 13 Staff presentation to the Planning Commission highlighting significant policy
changes in the proposed UDC; presentation will be open to the public and
promoted through the city website and social media
Nov. 21 Additional City Council work session (if needed)
Dec. 5 Additional City Council work session (if needed)
Dec. 11 Planning Commission public hearing
Dec. 19 Council considers first reading of ordinance
Jan. 2 Council considers second reading and adoption
Jan. 11 Summary of ordinance published
Feb. 10 Effective date of ordinance
City Council Action
This agenda item is being presented so the Council may discuss the proposed UDC prior to
the Planning Commission public hearing.
Attachments:
A. Proposed Unified Development Code (UDC)
B. Handout illustrating residential densities
C. Current zoning map
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509575v3 AMB CR225-423
CHAPTER 5 – UNIFIED DEVELOPMENT CODE (UDC)
Section 500 General Provisions
500.01 Title and Authority
500.03 Purpose
500.05 Relationship to Comprehensive Municipal Plan
500.07 Relationship to Existing Ordinances
500.09 Transitional Rules
500.11 Separability
Section 505 Definitions
Section 510 Administration
510.01 Applicability
510.03 Planning Commission
510.05 Board of Appeals and Adjustments
510.07 Zoning Administrator
510.09 Common Development Review Requirements
510.11 Summary of Application and Review Procedure Types
510.13 Specific Development Review Procedure Requirements
510.15 Adjacent Parcel Land Conveyance
510.17 Lot Consolidation
510.19 Subdivision Regulations
510.21 Comprehensive Plan Amendment
510.23 Rezoning or Text Amendments
510.25 Rezoning to Planned Development Overlay District (PD)
510.27 Variance
510.29 Appeals
510.31 Enforcement and Penalties
Section 515 Zoning Districts and Use Regulations
515.01 Official Zoning Map
515.03 Establishment of Zoning Districts
515.05 Base Zoning Districts
515.07 C Commercial District
515.09 I Industrial District
515.11 AP Airport District
515.13 Overlay Districts
515.15 Planned Development Overlay District (PD)
515.17 Transit Oriented Development Overlay District
515.19 Use-Specific Standards for Principal Uses
515.21 Permitted Accessory Uses and Structures
515.23 Standards for Specific Accessory Uses and Structures
515.25 Temporary Uses and Structures
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509575v3 AMB CR225-423
515.27 Standards for Specific Temporary Uses and Structures
515.29 Nonconformities
Section 520 Development Standards
520.01 Measurements, Computations, and Encroachments
520.03 Site Development Standards
520.05 Exterior Lighting
520.07 Fences and Retaining Walls
520.09 Retaining Wall Requirements
520.11 Landscaping and Screening
520.13 Off-Street Parking and Loading
520.15 Loading Space Requirements
520.17 Surface Water, Drainage and Erosion Control
520.19 Storm water Management Criteria for Permanent Facilities
520.21 Design Standards
Section 525 Subdivision of Land
525.01 Subdivision of Land
525.03 Development Agreement Required
525.05 Subdivision Design Standards
Section 530 Signage
530.01 Findings, Purpose and Effect
530.03 General Sign Requirements
530.05 Sign Design Standards
530.07 Maintenance and Repair
530.09 Sign Specific Standards
List of Tables
List of Illustrations
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509575v3 AMB CR225-423
Section 500
General Provisions
500.01. Title and Authority.
Subd. 1. Citation. This section shall be known as the “Crystal Unified Development Code”
except as referred to herein where it shall be known as this “UDC.”
Subd. 2. Authority. This UDC is enacted pursuant to the authority granted to the city by
the Municipal Planning Act, under Minnesota Statutes, section 462.351 et. seq.
500.03. Purpose.
Subd. 1.Purpose. The purpose of this UDC is to implement the comprehensive plan and to
protect the public health, safety, and general welfare of the community and its people through the
establishment of minimum regulations governing land development and use. More specifically the
purpose of these regulations is to:
(a) Establish regulations to protect the use districts that the city has established by
regulating compatibility of different land uses, density of structures, building setbacks
and heights, provision for adequate light, air, and convenience of access to property;
and preventing congestion in the public right-of-way;
(b) Promote orderly development and redevelopment of property upon which to plan
transportation, water supply, sewerage, and other public facilities and utilities;
(c) Provide for administration of and amendments to this UDC, and prescribe penalties for
violations of such regulations;
(d) Define duties of city staff, board of appeals and adjustments, planning commission and
city council in relation to this UDC.
500.05. Relationship to comprehensive municipal plan.
Subd. 1. Policy. It is the policy of the city that the enactment, amendment, and
administration of this UDC be accomplished with due consideration of the policies and
recommendations contained in the Crystal comprehensive plan as amended from time to time by
the city council.
500.07. Relationship to existing ordinances.
Subd. 1. Minimum requirements. In their application and interpretation, the provisions of
this UDC shall be held to be the minimum requirements for the promotion of the public health,
safety and welfare.
Subd. 2. Applicability. Where the conditions imposed by any provisions of this UDC are
either more or less restrictive than comparable conditions imposed by any applicable state law or
regulation or any city ordinance or resolution of any kind, the regulations that are more restrictive
or which impose higher standards or requirements shall prevail.
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509575v3 AMB CR225-423
Subd. 3. Conformity required. No structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall be used for any purpose or in any manner
that is not in conformity with the provisions of this UDC.
500.09. Transitional rules.
Subd. 1. Enactment. This UDC was enacted by Ordinance No. _____, adopted by the city
council on ______, and shall become effective on _______.
Subd. 2. Building permits. Any building, structure, or development for which a building
permit was issued prior to the effective date of this UDC may, at the applicant’s option, be
completed in conformance with the issued permit and any other applicable permits and conditions,
even if such building, structure, or development does not fully comply with provisions of this
UDC. If the building or structure is not completed within the time allowed under the original
building permit or any extension granted therefor, then the building, structure, or development
shall be constructed, completed, or occupied in full compliance with this UDC.
Subd. 3. Voluntary compliance. For those applications submitted prior to the effective date
of this UDC, the applicant has the option of complying with the requirements in this UDC, but is
only required to comply with the requirements in effect on the date the application was submitted.
500.11. Separability.
Subd. 1. Severability. If any section, subsection, sentence, clause, or phrase of this UDC is
for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not
affect the validity or enforceability of the remaining portions of this UDC. The city council hereby
declares that it would have adopted this UDC in each section, subsection, sentence, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared invalid.
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Section 505
Definitions
Subd. 1. Abutting or Adjacent. “Abutting or Adjacent” means the land, lot, or property
adjoining the property in question along a lot line or separated only by an alley, easement or street.
Subd. 2. Accessibility Ramps. “Accessibility Ramps” means ramps that provide access to
buildings for the disabled.
Subd. 3. Accessory Structure. “Accessory Structure” means a subordinate building or other
subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming
pools, the use of which is clearly subordinate or accessory to the principal use of the building or
property.
Subd. 4. Adult Uses. “Adult Uses” has the meaning given it from Crystal city code in
section 1190.
Subd. 5. Airport Facilities. “Airport Facilities” means the buildings and grounds of the
Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft.
Subd. 6. Alley. “Alley” means a public right-of-way other than a street that affords a
secondary means of access to abutting property.
Subd. 7. Amusement Center. “Amusement Center” has the meaning given it from Crystal
city code in section 1180.
Subd. 8. Animal Hospital or Veterinary Clinic. “Animal Hospital or Veterinary Clinic”
means any building or portion of a building where animals or pets are given medical or surgical
treatment and are cared for at the time of such treatment, including facilities with offices and/or
laboratories for operation and/or functioning of a research and development facility. Use as a
kennel shall be limited to short time boarding and shall be incidental to such animal hospital use.
Subd. 9. Antenna support structure. “Antenna support structure” means any building,
athletic field lighting, water tower, or other structure other than a tower, which can be used for
location of telecommunications facilities as an accessory, subordinate use. New structures built for
the purpose of attaching telecommunications facilities are “towers” not “antenna support
structures” for the purposes of the code. For example, if an athletic field light pole would be
replaced by a taller pole to facilitate installation of an antenna, then the new pole would be
classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in
a manner similar to the way they were mounted to the previous light pole.
Subd. 10. Applicant. “Applicant” means, unless otherwise specified, an owner or agent for
the owner, including a subdivider, developer, attorney, or similar representative who has filed an
application for development or sign review with the city.
Subd. 11. Application. “Application” means the process by which the owner, or their agent,
of a parcel of land within the city submits a written request for any type of development or sign
review or approval.
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Subd. 12. Awning. “Awning” means a roof-like cover, often of fabric, plastic, metal, or
glass designed and intended for protection from the weather or as a decorative embellishment, and
which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any
part of an awning which also projects over a door shall be counted as an awning.
Subd. 13. Banks or Financial Institutions. “Banks or Financial Institutions” means
establishments engaged in deposit banking, which may include, but are not limited to, commercial
banks, loan or mortgage companies, stockbrokers, or credit unions.
Subd. 14. Banquet Halls. “Banquet Halls” means a facility or building available for lease
by private parties that may include kitchen facilities for the preparation or catering of food or the
sale of alcoholic beverages for on-premises consumption during scheduled events which are not
open to the public.
Subd. 15. Bar or Taverns. “Bar or Taverns” means any premise, other than a restaurant,
which has obtained a license for the on-sale of intoxicating liquor. Such definition shall not include
those premises wherein such intoxicating liquor is sold in conjunction with the sale of food for
consumption on the premises so long as the sale of said intoxicating liquor compromises no more
than 25% of the gross receipts for the business.
Subd. 16. Base Flood Elevation. “Base Flood Elevation” means the elevation of the
“regional flood.” The term “base flood elevation” is used in the flood insurance survey.
Subd. 17. Basement. “Basement” means an area of a building, including crawl spaces,
having its floor or base subgrade below ground level, regardless of the depth of excavation below
ground level.
Subd. 18. Bed and Breakfast Establishment. “Bed and Breakfast Establishment” means an
owner-occupied, one-family dwelling that offers short-term lodging, with or without meals, for
compensation.
Subd. 19. Block. “Block” means an area of land within a subdivision that is entirely
bounded by streets, railroads, waterways, other natural barriers, the exterior boundary of the
subdivision or any combination of the preceding.
Subd. 20. Brewer Taproom or Brewpub. “Brewer Taproom or Brewpub” has the meaning
given it in Crystal city code in Section 1200.
Subd. 21. Building. “Building means any roofed structure used or intended for supporting
or sheltering any use or occupancy. An accessory building shall be considered an integral part of
the principal building if it is connected to the principal building by a covered passageway.
Subd. 22. Building Height. “Building Height” means the vertical distance of a building
measured in feet from average grade around the perimeter of a structure to:
(a) The deck line of a mansard roof; or
(b) The highest point of a flat roof; or
(c) The mean height between the eaves and highest point on gable, hip, or gambrel roofs.
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Figure 1: Illustration of building height
Subd. 23. Building, Accessory. “Building, Accessory” see definition for “Accessory
Structure”
Subd. 24. Building, Principal. “Building, Principal” means a building that is the primary
use of the lot.
Subd. 25. Building Materials Sales. “Building Materials Sales” means lots and related
structures used for the sale of construction materials, lumber, and related materials that may or
may not be within an enclosed structure.
Subd. 26. Bulk Storage of Liquids. “Bulk Storage of Liquids” means a use associated with
the bulk storage of oil, gasoline, liquid fertilizer, chemicals, or similar liquids.
Subd. 27. Canopy. “Canopy” means a roof-like cover, often made of fabric, plastic, metal,
or glass on a support, which is affixed to a building and provides shelter over a doorway.
Subd. 28. Carport. “Carport” means an accessory structure used generally for covering
vehicles which is open on at least two sides. It may be attached to the home or be freestanding. If
the structure is not open on at least two sides, it is considered a garage and shall comply with all
requirements in this UDC for garages.
Subd. 29. Cemeteries. “Cemeteries” means land used or dedicated to the burial of the dead,
including mausoleums, necessary-related sales, and maintenance facilities. A funeral home may
be included when operated within the boundary of such cemetery.
Subd. 30. City. “City” means the City of Crystal, unless otherwise noted.
Subd. 31. Club or Lodge. “Club or Lodge” means buildings or facilities owned or operated
by a corporation, association, or persons for a social, educational, or recreational purpose; but not
those which are primarily for profit or which render a service that is customarily carried on as a
business.
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Subd. 32. Commercial Truck Storage or Parking. “Commercial Truck Storage or Parking”
means a parking lot used for the storage or temporary parking of commercial vehicles. For
purposes of this UDC, commercial truck storage or parking is not a vehicle impound lot.
Subd. 33. Commercial Storage Building. “Commercial Storage Building” means a
detached accessory building that is over 200 square feet in size and used primarily for storage for
a commercial business. For the purposes of this UDC, commercial storage buildings do not include
self-storage facilities.
Subd. 34. Comprehensive Plan. “Comprehensive Plan” means the formally adopted
comprehensive development plan of the city, composed of maps, charts, diagrams, and text
describing the recommended policies and programs to guide the city’s future development and
redevelopment.
Subd. 35. Control Measure. “Control Measure” means a practice or combination of
practices to control erosion and attendant pollution.
Subd. 36. Critical Facilities. “Critical Facilities” means facilities necessary to a
community’s public health and safety, those that store or produce highly volatile, toxic or water-
reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss
of life or injury. Examples of critical facilities include schools, daycare facilities, nursing homes,
fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel
storage facilities, and waste handling and storage facilities.
Subd. 37. Curb Cut. “Curb Cut” has the meaning given it in Crystal city code in section
800.10.
Subd. 38. Day Care Facilities. “Day Care Facilities” means a facility providing care for
children, the elderly, or functionally-impaired adults in a protective setting for a portion of the day.
Subd. 39. Day Care Facilities, In-Home. “Day Care Facilities, In-Home” means a day care
facility under rules and statutes of the State of Minnesota serving and providing care to 12 or fewer
children.
Subd. 40. Day Care, Group Family Facilities. “Day Care, Group Family Facilities” means
a facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 and whi ch serves 14 or
fewer children.
Subd. 41. Deck, Detached. “Deck, Detached” means a freestanding deck which does not
utilize the exterior wall of the principal structure for support.
Subd. 42. Detention Facility. “Detention Facility” means a permanent natural or man-made
structure, including wetlands, for the temporary storage of runoff which contains a permanent pool
of stormwater.
Subd. 43. Development. “Development” means any manmade change to improved or
unimproved real estate, including buildings or other structures, dredging, filling, grading, paving,
excavation, or drilling operations, or storage of equipment or materials.
Subd. 44. Driveway. “Driveway” in section 800.10.driveway
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Subd. 45. Driveway Approach. “Driveway Approach” has the meaning given it in Crystal
city code in section 800.10.
Subd. 46. Drive-Thru Establishment. “Drive-Thru Establishment” means any portion of a
building, structure or property from which business is transacted, or is capable of being transacted,
directly with customers located in a motor vehicle.
Subd. 47. Dwelling. “Dwelling” means a building or portion thereof used exclusively for
residential purposes, forming a habitable unit for one family. Garages, tents, and accessory
structures shall not be considered dwellings and shall at no time be used as a dwelling, either
temporarily or permanently.
Subd. 48. Dwelling, Multiple. “Dwelling, Multiple” means a building designed with three
or more dwellings exclusively for occupancy by three or more families living independently of
each other.
Subd. 49. Dwelling, One-Family Attached. “Dwelling, One-Family Attached” means a
building containing dwellings in which:
(a) Each dwelling is located on its own parcel; and
(b) Each dwelling is attached to another by party walls without openings; and
(c) Each dwelling has primary ground floor access to the outside; and
(d) The term refers primarily to dwelling types such as townhouses and row houses.
Subd. 50. Dwelling, One-Family Detached. “Dwelling, One-Family Detached” means a
residential building containing not more than one dwelling entirely surrounded by open space on
the same lot.
Subd. 51. Dwelling, Two-Family. “Dwelling, Two-Family” means a building designed
exclusively for occupancy by two families living independently of each other, typically referred
to as a double bungalow or duplex, where the entire building is located on a single lot.
Subd. 52. Easement. “Easement” means a grant by a property owner to either the public or
an individual for the use of the owner’s property for certain specified purposes (i.e. drives, utilities,
etc.).
Subd. 53. Equal Degree of Encroachment. “Equal Degree of Encroachment” means a
method of determining the location of floodway boundaries so that floodplain lands on both sides
of a stream are capable of conveying a proportionate share of flood flows.
Subd. 54. Essential Services. “Essential Services” means underground or overhead gas,
electrical, steam, or water transmission or distribution systems, collection, communication, supply,
or disposal systems by public utilities, municipal or other governmental agencies.
Subd. 55. Family. “Family” means one or more persons maintaining a common household
and using common cooking facilities.
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Subd. 56. Farm Fence. “Farm Fence” means a fence as defined by Minnesota Statutes,
section 344.02, subdivion. 1(a)-(d). An open type fence of posts and wire is not considered to be a
structure under this subsection. Fences that have the potential to obstruct flood flows, such as chain
link fences and rigid walls, are regulated as structures under subd. ___ of the floodplain overlay
district.
Subd. 57. Findings of Fact. “Findings of Fact” means written findings embodied in a
resolution, ordinance, or other document approved or adopted by the body making such findings.
Subd. 58. Flag. “Flag” means any fabric or similar lightweight material attached at one end
of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric
changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other
symbolic devices.
Subd. 59. Flood. “Flood” means a temporary increase in the flow or stage of a stream or in
the stage of a wetland or lake that results in the inundation of normally dry areas.
Subd. 60. Flood Frequency. “Flood Frequency” means the frequency for which it is
expected that a specific flood stage or discharge may be equaled or exceeded.
Subd. 61. Flood Fringe. “Flood Fringe” means the portion of the Special Flood Hazard
Area (one percent annual chance flood) located outside of the floodway. Flood fringe is
synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin
County, Minnesota.
Subd. 62. Flood Prone Area. “Flood Prone Area” means any land susceptible to being
inundated by water from any source (see “Flood”).
Subd. 63. Floodplain. “Floodplain” means the beds proper and the areas adjoining a
wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
Subd. 64. Floodproofing. “Floodproofing” means a combination of structural provisions,
changes, or adjustments to properties and structures subject to flooding, primarily for the reduction
or elimination of flood damages.
Subd. 65. Floodway. “Floodway” means the bed of a wetland or lake and the channel of a
watercourse and those portions of the adjoining floodplain which are reasonably required to carry
or store the regional flood discharge.
Subd. 66. Floor Area, Gross. “Floor Area, Gross” means the sum of the gross horizontal
areas of the several floors of such building or buildings measured from the exterior faces of exterior
walls or from the centerline of party walls separating two buildings.
Subd. 67 Floor Area, Finished. “Floor Area, Finished” means the gross floor area that is
finished as fully habitable space, including the finished portion of a basement. Where a sloped
ceiling is present, only that portion which has at least six feet of vertical clearance from floor to
ceiling shall be considered finished floor area.
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Subd. 68 Food Trucks. “Food Trucks” means a food and beverage establishment that is a
vehicle-mounted unit within which food is stored, cooked, prepared, and or offered for direct sale
to the consumer.
Subd. 69. Frontage. “Frontage” means the line of contact of a property with a public right-
of-way.
Subd. 70. Funeral Home. “Funeral Home” means a building used for human funeral
services and which may include space for embalming and other services used in the preparation of
the dead for burial, the indoor storage of caskets, funeral urns, and other related supplies. Funeral
homes do not include facilities for cremation, but cremation services may be offered.
Subd. 71. Garage, Attached. “Garage, Attached” means the storage of motor vehicles by
the owner or occupant of the principal use in a garage that is attached to the principal structure by
a common wall or by a roof. An attached garage has no facilities for mechanical service or repair.
Subd. 72. Garage, Detached. “Garage, Detached” means an accessory building for the
private use of the owner or occupant of a principal building situated on the same lot of the principal
building for the storage of motor vehicles with no facilities for mechanical service or repair.
Subd. 73. Garage, Public. “Garage, Public” means a building or portion of a building used
for the short-term parking of motor vehicles as a business enterprise.
Subd. 74. Garage or Yard Sales. “Garage or Yard Sales” means the infrequent temporary
display and sale of general household goods, used clothing, appliances, and other personal
property.
Subd. 75. Grade. “Grade” means the average finished ground level of the land around the
perimeter of a lot, structure, or building.
Subd. 76. Half Street. “Half Street” means a right-of-way dedicated for a street by a
developer along such developer’s perimeter property line equal to only one-half of the total right-
of-way width required by the UDC.
Subd. 77. Home Business. “Home Business” means a business, profession, activity, or use
that is clearly a customary, incidental, and accessory use of a residential dwelling and except for
allowable signage does not alter the exterior of the property or affect the residential character of
the neighborhood.
Subd. 78. Hospital. “Hospital” means an institution licensed by the state providing health
care services and medical or surgical care to persons, primarily inpatient, suffering illness, disease,
injury, and other physical and mental conditions. Hospitals may include as an integral part of the
facility laboratories, outpatient facilities, or training facilities.
Subd. 79. Hotel, Motel, or Extended Stay. “Hotel, Motel, or Extended Stay” means a
facility containing four or more guest rooms and offering transient lodging accommodations on a
daily rate to the general public, plus no more than two dwelling units as accessory uses to the hotel
and occupied only by the property owners or on-site managers.
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Subd. 80. Hydric Soils. “Hydric Soils” means soils that are saturated, flooded, or ponded
long enough during the growing season to develop anaerobic conditions in the upper part.
Subd. 81. Hydrophytic Vegetation. “Hydrophytic Vegetation” means macrophytic plant
life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a
result of excessive water content.
Subd. 82. Impervious Surface. “Impervious Surface” means any surface that does not
readily absorb or retain water, including but not limited to buildings, roofs, parking areas and
driveways, sidewalks, and pavement.
Subd. 83. Industrial Uses (Indoors). “Industrial Uses (Indoors)” means a facility used
primarily for manufacturing, processing, or assembly of products that is a fully enclosed structure
where noise, odor, light, or vibrations are not noticeable from the adjacent properties.
Subd. 84. Industrial Uses with Outdoor Storage of Parts, Products, or Fuel. “Industrial Uses
with Outdoor Storage of Parts, Products, or Fuel” means:
(a) Uses engaged in the basic processing and manufacturing of materials or products
predominately from extracted or raw materials and also uses engaged in the operation,
parking, and maintenance of vehicles, cleaning of equipment or work processes
involving solvents, recycling establishments, truck terminals, public works yards, and
container storage.
(b) Outdoor/open storage of parts, products, or fuels (exterior storage) means any land used
or occupied for the purpose of the storing of the goods and materials u sed for the
principal industrial use.
Subd. 85. Kennels, Commercial. “Kennels, Commercial” has the meaning given it in
Crystal city code in section 910.
Subd. 86. Kennels, Private. “Kennels, Private” has the meaning given it in Crystal city code
in section 910.
Subd. 87. Lot. “Lot” means land occupied or proposed to be occupied by a building and its
accessory buildings, together with such open space as is required under the provisions of this UDC,
having not less than the minimum area required by this UDC for a building site in the district in
which such lot is situated and having its principal frontage on a street or a proposed street approved
by the city council.
Subd. 88. Lot Coverage. “Lot Coverage” means that portion of a lot that is covered by
impervious surfaces.
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Figure _____: Illustration of lot configuration
Subd. 89. Lot, Corner. “Lot, Corner” means a lot abutting on more than one street and
situated at an intersection of streets (see figure ___).
Subd. 90. Lot, Interior. “Lot, Interior” means a lot abutting on only one street (see figure
___).
Subd. 91. Lot, Through. “Lot, Through” means a lot abutting on more than one street but
not situated at an intersection of streets (see figure ___).
Subd. 92. Lot, Through Corner. “Lot, Through Corner” means a lot abutting on more than
one street and situated at more than one intersection of streets.
Subd. 93. Lot Area. “Lot Area” means the area of a horizontal plane within the lot lines.
Subd. 94. Lot Depth. “Lot Depth” means the shortest horizontal distance between the front
lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within
the lot boundaries.
Subd. 95. Lot Line, Front. “Lot Line, Front” means the boundary of a lot that abuts a public
street. On a corner lot, it shall be the street-abutting lot line with the shortest dimension. If the
property lines on both street frontages are of the same length, the property line to be used for front
setback measurement shall be determined by the zoning administrator. On a through lot, the lot
line for which the home is facing shall be the front lot line (see figure ___). On a through corner
lot, the street-abutting lot lines on opposite sides of the lot shall be front lot lines.
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Figure ____: Ilustration showing yards for through lot
Subd. 96. Lot Line, Rear. “Lot Line, Rear” means the lot line not intersecting a front lot
line that is most distant from and most closely parallel to the front lot line.
Subd. 97. Lot Line, Side. “Lot Line, Side” means any lot line that is not a front, rear or
corner side lot line.
Subd. 98. Lot Line, Corner Side. “Lot Line, Corner Side” means any street-abutting lot line
that is not a front or rear lot line.
Subd. 99. Lot of Record. “Lot of Record” means land designated as a separate and distinct
parcel in a subdivision, the plat of which has been recorded in the office of the recorder of
Hennepin County, Minnesota; or a parcel of land, the deed to which was recorded in the office of
the recorder or registrar of titles of Hennepin County, Minnesota prior to the adoption of the
ordinance codified in this title.
Subd. 100. Lot Width. “Lot Width” means the horizontal distance between side lot lines.
In the case of irregularly shaped lots located on a cul-de-sac or curved street, lot width shall be
measured at the required front and rear setback lines.
Subd. 101. Lowest Floor. “Lowest Floor” means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage in an area other than a basement area, is not considered a
building’s lowest floor; provided, that such enclosure is not built so as to render the building in
violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations,
Part 60.3.
Subd. 102. Manufactured Home. “Manufactured Home” has the meaning given in
Minnesota Statutes, section 327.31. The term “manufactured home” does not include the term
“recreational vehicle.”
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Subd. 103. Marquee. “Marquee” means any permanent roof-like structure extending along
or projecting beyond the wall of a building, generally designed and constructed to provide
protection from the weather.
Subd. 104. Medical Clinics. “Medical Clinics” means a building, or part of a building,
where persons are cared for on an outpatient basis.
Subd. 105. Multiple Tenant Building. “Multiple Tenant Building” means any building
which has more than one (1) tenant, and where each tenant has a separate ground-level exterior
public entrance.
Subd. 106. New Construction. “New Construction” means structures, including additions
and improvements, and placement of manufactured homes, for which the start of construction
commenced on or after the effective date of the floodplain overlay district in section ___.
Subd. 107. Non-commercial speech. “Non-commercial speech” means dissemination of
messages not classified as commercial speech which include, but are not limited to, messages
concerning political, religious, social, ideological, public service and informational topics.
Subd. 108. Non-conforming Lot. “Non-conforming Lot” means a lot of record or other
parcel of land that does not comply with the lot requirements for any permitted use in the zoning
district in which it is located.
Subd. 109. Non-conforming Structure. “Non-conforming Structure” means any structure
permitted by city ordinance prior to the effective date of this code, which would not conform to
the applicable regulations if the structure were to be erected under the provisions of this UDC.
Subd. 110. Non-conforming Use. “Non-conforming Use” means a lawful use of land that
does not comply with the use regulations for its zoning district but which complied with applicable
regulations at the time the use was established.
Subd. 111. Obstruction. “Obstruction” means any, wall, embankment, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory
floodplain which may impede, retard, or change the direction of the flow of water, either in itself
or by catching or collecting debris carried by such water.
Subd. 112. Offices, Professional. “Offices, Professional” means establishments providing
executive, management, administrative or professional services including, but not limited to, real
estate, medical clinics, architecture, legal, travel, contractor, employment, insurance, and similar
uses.
Subd. 113. One Hundred Year Floodplain. “One Hundred Year Floodplain” means lands
inundated by the “Regional Flood” (see definition).
Subd. 114. Owner or Property Owner. “Owner or Property Owner” means the owner or
taxpayer of record according to Hennepin County property tax records.
Subd. 115. Parapet Wall. “Parapet Wall” means that portion of building wall that rises
above the roof level.
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Subd. 116. Parking lots or Ramps. “Parking lots or Ramps” means land that is surfaced in
accordance to the requirements of this UDC and used for the temporary parking of vehicles.
Subd. 117. Patio. “Patio” means an open, level-surfaced area that is typically impervious,
has an elevation of no more than 12 inches above grade, is without walls or roofs, and is intended
for outdoor seating or recreation.
Subd. 118. Personal Services. “Personal Services” means establishments that are primarily
engaged in providing services generally involving the care of the person or the person’s
possessions. Personal services may include, but are not limited to laundry and dry-cleaning
services, tailors, barber or beauty shops, health and fitness studios, nail salons, locksmiths, tattoo
parlors, therapeutic massage, pet grooming, portrait studios, and similar uses.
Subd. 119. Plat, Final. “Plat, Final” means the final formally approved layout of the
proposed subdivision showing the same information as the preliminary plat, complying with the
requirements of this UDC, and any additional requirements imposed by the city council and
prepared in the form required by the appropriate count y office and Minnesota Statutes, section
505.
Subd. 120. Plat, Preliminary. “Plat, Preliminary” means a tentative layout of the proposed
subdivision prepared for the purpose of formal review by the city. The preliminary plat shows lots,
blocks, streets, and physical features relevant to the development of the property, but not in the
detail or final form of the final plat.
Subd. 121. Porch, Open. “Porch, Open” means a porch that may have a roof but not being
enclosed with windows, screens or walls.
Subd. 122. Portable Storage Container. “Portable Storage Container” means a temporary
portable structure or container that allows for on-site storage of goods or materials, and which is
not permanently affixed to a foundation.
Subd. 123. Principal Structure or Use. “Principal Structure or Use” means the primary use
and chief purpose of a lot or structure as distinguished from subordinate or accessory uses or
structures. A principal use may be either permitted or conditional.
Subd. 124. Private Recreational Facilities, Indoor. “Private Recreational Facilities, Indoor
Indoor” means recreational facilities are private recreational facilities located completely within
an enclosed building that includes, but is not limited to bowling alleys, volleyball courts, ice
skating rinks, and driving ranges. The term does not include amusement centers.
Subd. 125. Private Recreational Facilities, Outdoor. “Private Recreational Facilities,
Outdoor “ means outdoor recreational facilities are private recreational facilities providing outdoor
activities that includes, but is not limited to, sand volleyball courts, miniature golf courses, batting
cages, and tennis courts.
Subd. 126. Public and Semipublic Buildings. “Public and Semipublic Buildings “ means
buildings containing public or civic uses of special significance to residents, employees or visitors
such as community services or centers. Public and semipublic buildings do not include public
utility buildings, schools, or religious institutions.
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Subd. 127. Public Waters. “Public Waters” means waters of the state as defined in
Minnesota Statutes, section 103G.005.
Subd. 128. Reach. “Reach” means a hydraulic engineering term used to describe a
longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an
urban area, the segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Subd. 129. Recreational Vehicle. “Recreational Vehicle” means recreational vehicle has
the meaning given in Minnesota Statutes, section 168.002. For the purposes of this UDC, the term
recreational vehicle is synonymous with the term “travel trailer/travel vehicle”.
Subd. 130. Regional Flood. “Regional Flood” means a flood which is representative of
large floods known to have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood
insurance study.
Subd. 131. Regulatory Flood Protection Elevation (RFPE). “Regulatory Flood Protection
Elevation (RFPE)” means an elevation not less than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the floodplain that result
from designation of a floodway.
Subd. 132. Religious Institutions. “Religious Institutions” mean a building, together with
its accessory buildings, 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.
Subd. 133. Repetitive Loss. “Repetitive Loss” means flood related damages sustained by a
structure on two separate occasions during a ten-year period for which the cost of repairs at the
time of each such flood event on the average equals or exceeds 25% of the market value of the
structure before the damage occurred.
Subd. 134. Restaurant or Eating Establishment. “Restaurant or Eating Establishment”
means an establishment whose principal business is the selling of food and beverages to the
customer in a ready to consume state. Restaurants or eating establishments include cafes, coffee
shops, and ice cream shops.
Subd. 135. Restrictive Covenant. “Restrictive Covenant” means a recorded contract or
agreement entered into between private parties establishing restrictions on the development or use
of property in addition to those established by this UDC.
Subd. 136. Retail Establishments. “Retail Establishments” means establishments primarily
engaged in the sale of goods to the general public. Retail uses may include, but are not limited to,
bookstores, liquor stores, bakeries, grocery stores, and other similar uses.
Subd. 137. Retention Facility. “Retention Facility” means a permanent natural or man-
made structure that provides for the storage of stormwater runoff by means of a permanent pool of
water.
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Subd. 138. Seasonal Agricultural Sales. “Seasonal Agricultural Sales” means the outdoor
sale of goods or products obtained primarily through farming or agricultural activities, including,
but not limited to, pumpkins; grain and seed crops; fruits and vegetables; nursery, floral,
ornamental, and greenhouse products; and Christmas trees.
Subd. 139. Schools, Elementary or Secondary. “Schools, Elementary or Secondary” means
buildings used to teach students that includes elementary schools, middle schools or high schools.
Subd. 140. Schools, Nursery or Preschool. “Schools, Nursery or Preschool” means a school
providing general daytime care and/or instruction for children six years of age or younger which
conducts no instructional programs certified by the state department of education as meeting the
minimum educational requirements for compulsory-age children.
Subd. 141. Schools, Trade or Business. “Schools, Trade or Business” means a school
operated for profit, which teaches business, professional, or technical trades or skills, or a school
not otherwise included within the provisions of this UDC.
Subd. 142. Self-Storage Facilities. “Self-Storage Facilities” means a building or group of
buildings having compartments, rooms, spaces, containers, or other types of units that are
individually leased, rented, sold or otherwise contracted for by customers for the storage of
personal or business goods or property, and where the facility owner/operator has limited access
to such privately-rented units. For the purposes of this UDC, the term self-storage facilities shall
be considered synonymous with the term mini-storage.
Subd. 143. Senior Housing. “Senior Housing” means a multiple dwelling building or group
of buildings in which each dwelling is occupied by at least one person age 55 or older. . This
includes assisted living but not institutions such as specialized care facilities.
Subd. 144. Setback. “Setback” means the minimum required horizontal distance between
a structure and a lot line, as measured perpendicular to the lot line. Setback standards provide open
areas around structures for visibility and traffic safety, access to and around structures, access to
natural light, ventilation and direct sunlight, separation between potentially conflicting activities,
and space for privacy, landscaping, and recreation.
Figure ____: Illustration showing typical setbacks
for a single-family home
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Subd. 145. Setback, Front. “Setback, Front” means the minimum required horizontal
distance between a structure and the front lot line (see figure ___).
Subd. 146. Setback, Rear. “Setback, Rear” means the minimum required horizontal
distance between a structure and the rear lot line (see figure ___).
Subd. 147. Setback, Side. “Setback, Side” means the minimum required horizontal distance
between a structure and the side lot line (see figure __).
Subd. 148. Setback, Corner Side. “Setback, Corner Side” means the minimum required
horizontal distance between a structure and the corner side lot line (see figure ____).
Subd. 149. Shed. “Shed” means a detached accessory building that is 200 square feet or
less in size and used primarily for storage purposes.
Subd. 150. Sign Face. “Sign Face” means the surface of the sign upon, against, or through
which the message of the sign is exhibited.
Subd. 151. Sign Structure. “Sign Structure” means any structure including the supports,
uprights, bracing and framework which supports or is capable of supporting any sign.
Subd. 152. Sign. “Sign” means any letter, word or symbol, poster, picture, statuary, reading
matter or representation in the nature of an advertisement, announcement, message or visual
communication, whether painted, posted, printed, affixed, or constructed, including all associated
brackets, braces, supports, wires, and structures, which is displayed for informational or
communicative purposes. Signs shall be further defined as follows:
(a) Abandoned sign”. Any sign and/or its supporting sign structure which remains without
a message or whose display surface remains blank for a period of one (1) year or more,
or any sign which pertains to a time, event, or purpose which no longer applies, shall
be deemed to have been abandoned. Signs applicable to a business suspended because
of a change in ownership or management of such business shall not be deemed
abandoned unless the property remains vacant for a period of one (1) year or more. Any
sign remaining after demolition of a principal structure shall be deemed to be
abandoned. Signs which are present because of being legally established
nonconforming signs or signs which have required a conditional use permit or a
variance shall also be subject to the definition of abandoned sign.
(b) Awning sign. A building sign or graphic printed on or in some fashion attached directly
to the awning material.
(c) Balloon sign. A sign consisting of a bag made of lightweight material supported by
helium, hot, or pressurized air that is greater than twenty-four (24) inches in diameter.
(d) Building sign. Any sign attached or supported by any structure used or intended for
supporting or sheltering any use or occupancy.
(e) Canopy sign. Any sign that is part of or attached to a canopy, made of fabric, plastic,
or structural protective cover over a door or entrance. A canopy sign is not a marquee
and is different from service area canopy signs.
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(f) Changeable sign. A sign or portion thereof with characters, letters, or illustrations that
can be changed or rearranged without altering the face or the surface of the sign.
Changeable signs do not include signs upon which characters, letters, or illustrations
change or rearrange only once in a 24-hour period.
(g) Electronic or Electrically-Controlled Readerboard. A sign, or section thereof, on which
messages may are changed by electronic processes or remote control and the only
movement of which is the periodic changing of information against a solid, colorless
background, having a constant light illumination level.
(h) Electric sign. A sign containing electrical wiring; the term does not include signs
illuminated by an exterior light source.
(i) Flashing sign. A directly or indirectly illuminated sign which exhibits changing light
or color effects by any means, so as to provide intermittent illumination which includes
the illusion of intermittent flashing light by means of animation. Also any mode of
lighting which resembles zooming, twinkling, or sparkling.
(j) Freestanding sign. Any sign which has supporting framework that is placed on, or
anchored in, the ground and which is independent from any building or other structure.
(k) Governmental sign. Any temporary or permanent sign erected and maintained by the
City, County, State, or federal government, or a public utility.
(l) Illuminated sign. Any sign which contains an element designed to emanate artificial
light internally or externally.
(m) Marquee sign. Any building sign painted, mounted, constructed or attached in any
manner, on a marquee.
(n) Monument sign. Any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a height exceeding six (6)
feet.
(o) Nonconforming sign. Any sign and its support structure lawfully erected prior to the
effective date of this ordinance which fails to conform to the requirements of this
ordinance. A sign which was erected in accordance with a variance granted prior to the
adoption of this ordinance and which does not comply with this ordinance shall be
deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall
be deemed to be an illegal sign.
(p) Off-premise sign. A commercial speech sign which directs the attention of the public
to a business, activity conducted, or product sold or offered at a location not located on
the same premises where such business sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside such
platted parcel of land and any sign located or proposed to be located in an easement or
other appurtenance shall be considered an off-premise sign.
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(q) On-premise sign. A sign that pertains to the use of the premises or the property on
which it is located
(r) Pole sign. A sign which has the same meaning as pylon sign (see definition).
(s) Portable sign. Any sign which is manifestly designed to be transported, including by
trailer or on its own wheels, even though the wheels of such sign may be removed and
the remaining chassis or support is converted to another sign or attached temporarily
or permanently to the ground since this characteristic is based on the design of such a
sign.
(t) Projecting sign. Any sign which is affixed to a building or wall in such a manner that
its leading edge extends more than fifteen (15) inches beyond the surface of such
building or wall face. A projecting sign is also a sign located above or below a canopy
or marquee.
(u) Pylon sign. Any freestanding sign which has its supportive structure(s) anchored in the
ground and which has a sign face elevated above ground level by pole(s) or beam(s)
and with the area below the sign face open.
(v) Roof sign. Any sign erected and constructed wholly on and above the roof of a building,
supported by the roof structure, and extending vertically above the highest portion of
the roof.
(w) Rotating sign. A sign or portion of a sign which turns about on an axis.
(x) Shimmering signs. A sign which reflects an oscillating sometimes distorted visual
image.
(y) Small sign. A single sign six (6) square feet or less in size.
(z) Temporary sign. A sign which is erected or displayed, or both, for a limited period of
time.
(aa) Wall sign. Any building sign attached parallel to, but within two (2) feet of a wall,
painted on the wall surface of, or erected and confined within the limits of a n outside
wall of any building or structure, which is supported by such wall or building, and
which displays only one (1) sign surface. A wall sign is also a sign installed on the face
of a canopy or marquee, but not extending beyond the face.
Subd. 153. Special Flood Hazard Area. “Special Flood Hazard Area” means a term used
for flood insurance purposes synonymous with “One Hundred Year Floodplain.”
Subd. 154. Specialized Care Facilities. “Specialized Care Facilities” means any facility
where the primary function is the provision, on a continuing basis, of nursing services and health-
related services for treatment and in-patient care, such as nursing homes, memory care facilities,
and hospices. This does not include senior housing or the residence of any individual who cares
for another family member.
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Subd. 155. Start of Construction. “Start of Construction” means in relation to the floodplain
overlay district as provided in the Crystal City Code, section ____, start of construction includes
substantial improvement, and means the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement that occurred before the permit’s
expiration date. The actual start is either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include: land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, foundations, or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main building. For a substantial improvement, the
actual start of construction means the first alteration of an y wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
Subd. 156. State Licensed Residential Facility. “State Licensed Residential Facility” means
a licensed, public or private, residential care facility located in a residential dwelling unit that
provides six or fewer persons with a 24-hour-per-day substitute for care, food, lodging, training,
education, supervision, habilitation, rehabilitation and treatment they need, but which for any
reason cannot be furnished in the client's own home. Residential facilities include, but are not
limited to, state institutions for human services, foster homes, residential treatment centers, group
homes, residential programs, or supportive living residences for functionally impaired adults.
Subd. 157. Stealth. “Stealth” means any telecommunications facility which is designed to
blend into the surrounding environment. Examples of stealth facilities include architecturally
screened roof-mounted antennas, antennas integrated into architectural elements, and
telecommunications towers designed to look other than a tower such as light poles, power poles,
and trees.
Subd. 158. Street. “Street” means a public right-of-way greater than 30 feet in width platted
or dedicated for the purpose of accommodating vehicular traffic or providing principal access to
abutting property. An alley is not a street.
Subd. 159. Street Center Line. “Street Center Line” means a line equidistant between the
longitudinal boundaries of the right-of-way dedicated to the city for use as a public street, except
where only a portion of the proposed street has been dedicated, which shall be presumed to have
a width of 60 feet unless otherwise determined by the city council.
Subd. 160. Structure. “Structure” means anything constructed or erected on or connected
to the ground, whether temporary or permanent in character.
Subd. 161. Subdivision. “Subdivision” means as a verb, the term means the process of
separating a parcel of land for the purpose of building or conveyance including the division of
previously subdivided property. As a noun, the term means the product resulting from the
separation of a parcel into two or more parcels. The term also includes the activity regulated by
Minnesota Statutes, chapters 515, 515A, and 515B.
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Subd. 162. Substantial Damage. “Substantial Damage” means in relation to the floodplain
overlay district as provided in the Crystal City Code, section ____, damage of any origin sustained
by a structure where the cost of restoring the structure to it’s before-damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage occurred.
Subd. 163. Substantial Improvement. “Substantial Improvement” means in relation to the
floodplain overlay district as provided in the Crystal City Code, section ____, within any
consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and
repair), repair after damage, addition, or other improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure before the “start of construction” of the
improvement. This term includes structures that have incurred “substantial damage,” regardless of
the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions.
(b) Any alteration of a “historic structure,” provided that the alteration will not preclude
the structure’s continued designation as a “historic structure.” For the purpose of this
subsection, “historic structure” is as defined in 44 Code of Federal Regulations, Part
59.1.
Subd. 164. Survey, Certified. “Survey, Certified” means a scaled drawing prepared by a
registered land surveyor of a parcel indicating the location and dimensions of property lines, and
if appropriate the location and dimensions of existing and proposed buildings. A survey typically
depicts a parcel’s legal description and mayalso show additional information such as topographic
data and the location of recorded easements.
Subd. 165. Telecommunications facilities. “Telecommunications facilities” means any
cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with
the transmission or reception of communications which a person seeks to locate or has installed
upon or near a tower or antenna support structure. However, the term “telecommunications
facilities” shall not include any satellite earth station antenna 1 meter or less in diameter, or any
satellite earth station antenna 2 meters in diameter or less which is located in an area zoned
industrial or commercial.
Subd. 166. Telecommunications Tower or Tower. “Telecommunications Tower or Tower”
means a self-supporting lattice, guyed, or monopole structure constructed from grade who
principal use is to support telecommunications facilities. The term tower shall not include amateur
radio operations equipment licensed by the Federal Communications Commission (FCC).
Subd. 167. Theater, Indoor. “Theater, Indoor” means a building or part of a building
devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
Subd. 168. Useable Open Space. “Useable Open Space” means a required ground area or
terrace area on a lot which is graded, developed, landscaped, and equipped and intended and
maintained for either active or passive recreation or both, which is available and accessible to and
useable by all persons occupying a dwelling or rooming unit on the lot and their guests. Such areas
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shall be grassed and landscaped or covered only for recreational purpose. Roofs, driveways and
parking areas shall not constitute useable open space.
Subd. 169. Use, Accessory. “Use, Accessory” means a use which:
(a) Is subordinate to and serves a principal building or principal use;
(b) Is subordinate in area, extent, and purpose to the principal structure or principal use as
served; and
(c) Is located on the same lot as the principal structure or principal use served and except
as otherwise expressly authorized by the provisions of this title.
Subd. 170. Use, Conditional. “Use, Conditional” means a use that would not be appropriate
generally or without restriction throughout the zoning district but which, if controlled as to number,
area, location, or relation to the neighborhood, would not be detrimental to public health, safety,
or general welfare.
Subd. 171. Use, Permitted. “Use, Permitted” means a use which may be lawfully
established in a particular district or districts, provided it conforms with all requirements,
regulations, and performance standards of such districts.
Subd. 172. Use, Principal. “Use, Principal” means the main use of land or buildings as
distinguished from subordinate or accessory uses. A principal use may be permitted or conditional.
Subd. 173. Use, Temporary. “Use, Temporary” means a use that may be permitted for a
specified period of time.
Subd. 174. Vehicle, Boat or Recreational Sales and Rental. “Vehicle, Boat or Recreational
Sales and Rental” means facilities where new or used vehicles, boats, or recreational vehicles, in
operational condition, are sold, leased, or rented to customers.
Subd. 175. Vehicle Fuel Stations. “Vehicle Fuel Stations” means a facility for the retail
sale of unleaded or diesel gasoline. A vehicle fuel station may include a convenience store or
general repair and maintenance of vehicles, including, such as muffler, oil change and lubrication,
or tire service and sales, but not including major vehicle repair such as body repair or painting.
Subd. 176. Vehicle Impound Lot. “Vehicle Impound Lot” means a parcel of land used for
the outdoor storage of impounded vehicles, including impounded recreational vehicles.
Subd. 177. Vehicle Repair. “Vehicle Repair” means may include the general repair and
maintenance of vehicles typically done at vehicle service stations such as oil changes, muffler
repair, tire service and sales, or more substantial work such as body and fender work, upholstering,
and replacement of parts.
Subd. 178. Wetlands. “Wetlands” means lands transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or the land is covered by shallow
water. For purposes of this definition, wetlands shall have the following attributes:
(a) A predominance of hydric soils;
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(b) Are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life
in saturated soil conditions; and
(c) Under normal circumstances, support a prevalence of such vegetation.
Subd. 179. Workshop. “Workshop” means an accessory residential use for the creation of
individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand -woven
articles, and related items. A workshop may be either an accessory use within the principal building
or may be an accessory building on the property.
Subd. 180. Yard. “Yard” means the horizontal distance between the principal structure and
a lot line, as measured perpendicular to the lot line. Eaves are not to be considered part of the
principal structure for the purpose of determining the location or extent of a yard.
Figure _____: Ilustration showing yard locations
Subd. 181. Yard, Front. “Yard, Front” means the horizontal distance between the principal
structure and the front lot line, extending across the full width of the lot (see figure ____.
Subd. 182. Yard, Rear. “Yard, Rear” means the horizontal distance between the principal
structure and the rear lot line, extending across the full width of the lot (see figure ___).
Subd. 183. Yard, Side. “Yard, Side” means the horizontal distance between the principal
structure and the side lot line, extending from the front yard to the rear yard (see figure ___).
Subd. 184. Yard, Corner Side. “Yard, Corner Side” means the horizontal distance between
the principal structure and the corner side lot line, extending from the front yard to the rear yard
(see figure ____).
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Section 510
Administration
510.01. Applicability.
Subd. 1. Procedures. All land use and development permit applications, except building
permits, shall be governed by the procedures contained in this section.
Subd. 2. Procedural review processes. There are three different levels of procedural reviews
for applications submitted to the city. These three procedures are defined in subd. 6 of this section.
This code further identifies which procedural review shall be necessary based upon each type of
application. To the extent that any application process does not outline a procedural review, the
city manager shall determine the appropriate level of review.
Subd. 3. Specific review processes. Specific procedures and decision criteria for each type of
permit, certificate, and review are contained in subd. 7 of this section.
510.03. Planning Commission.
Subd. 1. Established. The Planning Commission (“Commission”) is hereby established for
the city. The planning commission is designated as the planning agency of the city in accordance
with Minnesota Statutes, section 462.354.
Subd. 2. Purpose. The purpose of the commission is to assist the city council in all matters
relating to zoning and development or redevelopment of properties within Crystal. Pursuant to
Section 305.05 of the city code, the Commission’s role is advisory in nature.
Subd. 3. Duties. The planning commission has those powers and duties assigned to it by
Minnesota Statutes, sections 462.351 to 462.364, (the Municipal Planning Act) and as further
provided under this UDC.
Subd.4. Members. The planning commission shall be made up of nine members. There
shall be at least two Commission members from each of the four city wards. The remaining
Commission member shall be appointed on an at-large basis.
Subd. 5. Qualifications. Commission members must be residents of the city and be at least
fifteen years old.
Subd. 6. Removal. Commission members serve at the pleasure of the city council and may
be removed from the commission, with or without cause, upon a majority vote of the city council
Subd. 7. Terms. Commission members shall be appointed to three-year terms. There are
no term limits. To help ensure continuity in the Commission’s work, the terms shall be staggered.
As such, terms for the first nine Commission members prescribed by this ordinance shall expires
as follows:
(a) Four terms shall expire on December 31, 2017;.
(b) Three terms shall expire on December 31, 2018.
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(c) Two terms shall expire on December 31, 2019.
Subd. 8. Other commissions. While serving on the Commission, Commission members
may not also concurrently serve on the city’s Parks and Recreation Commission or Environmental
Quality Commission.
Subd. 9. Compensation. Commission members shall serve without compensation, but may
be reimbursed for actual and necessary expenses if funds for that purpose are identified in the
adopted city budget.
Subd. 10. Liaison. The commission shall have both a city council liaison and a staff liaison.
The city council liaison shall be assigned by the mayor. The staff liaison shall be assigned by the
city manager. The commission may also have a staff secretary who is responsible for taking and
preparing minutes during Commission meetings. .
Subd. 11. Operations. The Commission shall conduct itself in accordance with this
ordinance, Section 305 of the city code, the Commission’s bylaws, and all other applicable laws
and ordinances.
510.05. Board of Appeals and Adjustments.
Subd. 1. Board of appeals and adjustments. Pursuant to Minn. Stat., Sec. 462.354, a board
of appeals and adjustments (“Board”) is hereby established for the city. The city’s planning
commission shall serve as the Board for the city. Pursuant to Minn. Stat., Sec. 462.354, subd. 2,
the decisions of the Board are advisory to the city council, which will make all final decisions. The
Board shall operate under the same requirements as the Planning Commission in Subd. 2 of this
section.
Subd. 2. Duties of the Board. The Board shall have the following duties:
(a) The Board hears and makes recommendations with respect to appeals from any order,
decision, or determination made by an administrative officer in the enforcement of the
zoning code.
(b) The Board hears requests for variances from literal provisions of the zoning code in
accordance with the provisions of Minnesota Statutes, section 462.357.
(c) The Board hears appeals from the denial of a building permit for structures within the
limits of a mapped street pursuant to Minnesota Statutes, section 462.359.
510.07. Zoning Administrator.
Subd. 1. Appointment. The city manager shall appoint a zoning administrator to administer
and enforce this UDC.
510.09. Common Development Review Requirements.
Subd. 1. Applicability. The requirements of this section shall apply to all development
review applications and procedures subject to development review under this UDC, unless
otherwise stated.
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Subd. 2. Applications. Authority to File Applications
(a) Unless otherwise specified in this UDC, development review applications may be
initiated by:
i) The planning commission or city council, where applicable; or
ii) The owner of the property that is the subject of the application; or
iii) The owner’s authorized agent.
(b) Unless otherwise specified in this UDC, development review application shall be
submitted to and filed with the zoning administrator.
(c) When an authorized agent files an application under this UDC on behalf of a property
owner(s), the property owner(s) shall be required to sign the application.
Subd. 3. Application submission schedule. The schedule for the submission of applications
in relation to scheduled meetings of the review bodies shall be established by the zoning
administrator and made available to the public. Such schedule shall be used for informational
purposes only. The zoning administrator shall solely determine when application shall be
submitted to the city council based upon when all of the necessary information was received by
the city.
Subd. 4. Application contents.
(a) Applications required under this UDC shall be submitted using the application form
established by the city. The materials and quantities to be submitted with each
application are listed on each application form.
i) In addition to other requirements on the application form, applications to improve
a property shall be accompanied by a property survey completed by a land surveyor
licensed by the State of Minnesota.
ii) After the property improvement is completed, an as-built property survey may also
be required, including those situations where the location of improvements was
changed since the application submittal.
(b) Applications shall be accompanied by a fee as established by the city council.
i) No application may be processed or considered until the established fee(s) has been
paid;
ii) Application fees are not refundable except where the zoning administrator
determines that an application was submitted in error, or the fees paid exceed the
amount due, in which case the amount of the overpayment shall be refunded to the
applicant.
(c) The zoning administrator shall review and make decisions on the completeness of an
application as provided for in Minnesota Statutes, section 15.99.
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Subd. 5. Public notice.
(a) For all applications for development review that are subject to public notice
requirements under this UDC or any applicable law or rule, the zoning administrator
shall prepare and provide to the public the required notice in compliance with the
following requirements:
(b) Content - Notices for public hearings, whether by publication or mail (written notice),
shall, at a minimum:
i) Identify the address or location of the property subject to the application and the
name of the applicant or the applicant’s agent.
ii) Indicate the date, time, and place of the public hearing.
iii) Describe the land involved by street address or, legal description, and, if applicable,
the nearest cross street and project area (size).
iv) Describe the nature, scope, and purpose of the application or proposal.
v) Identify the location (e.g., city hall) where the public may view the application and
related documents.
vi) Include a statement that the public may appear at the public hearing, be heard, and
submit evidence and written comments with respect to the application.
vii) Include a statement describing where written comments will be received prior to
the public hearing.
viii) If applicable, indicate the date of the city council meeting at which the application
will be considered.
(c) Constructive Notice
i) Minor defects in any notice shall not impair the notice or invalidate proceedings
pursuant to the notice if a bona fide attempt has been made to comply with
applicable notice requirements. Minor defects in notice shall be limited to errors in
a legal description, typographical or grammatical errors, or errors of actual acreage
that do not impede communication of the notice to affected parties. Failure of a
party to receive written notice shall not invalidate subsequent action. In all cases,
however, the requirements for the timing of the notice and for specifying the time,
date, and place of a hearing shall be strictly construed. If questions arise at the
hearing regarding the adequacy of notice, the zoning administrator shall make a
formal finding as to whether there was substantial compliance with the notice
requirements of this UDC, and such finding shall be made available prior to final
action on the request.
ii) When the records of the city document the publication, mailing, and posting of
notices as required by this section, it shall be presumed that notice of a pub lic
hearing was given as required by this section.
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(d) Timing of the Notice
i) Unless otherwise expressly provided in state law or this UDC, notice, when
required, shall be postmarked or published at least ten days prior to the hearing or
action.
(e) Published Notice
i) When the provisions of state law or this UDC require that notice be published, the
zoning administrator shall be responsible for preparing the content of the notice and
publishing such notice in the official newspaper of general circulation that has been
selected by the city. The published notice may also be conveyed electronically.
(f) Mailed Notice
i) When the provisions of this UDC require that written or mailed notice be provided,
the zoning administrator shall be responsible for preparing and mailing the written
notice as follows:
(g) Written notice for planning commission hearings for development review applications
as outlined in in this section shall, at minimum, be given to property owners within 350
feet of the outer boundaries of the subject property.
i) The notification of property owners shall apply only to the initial presentation of
the application for the public hearing in front of the planning commission.
ii) Written notice shall be postmarked no later than ten days prior to the meeting at
which the item will be considered.
iii) For a public hearing for approval of a telecommunications tower as as provided in
the Crystal City Code, section ____the required notice shall be given, at minimum,
to property owners within a radius that is ten times the height of the proposed tower.
510.11. Summary of Application and Review Procedure Types.
Subd. 1. General Provisions.
(a) The development review procedure type assigned to each permit governs the decision-
making process for that permit or review. There are three types of decision-making
procedures which are fully described in this section.
(b) Unless otherwise indicated within this UDC, all applications for permits or other
approvals shall be submitted, in writing, to the zoning administrator.
Subd. 2. Summary Table of Development Review Procedures by Type of Review.
Table _______ summarizes the type of development review procedures permitted under
this UDC and subdivision 3 of this subdivision defines the applicable approval procedures,
criteria, and submittal requirements.
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Subd. 3. Review Procedures.
(a) Type 1 Review Procedure. Type 1 review procedure decisions are made by the zoning
administrator without public notice and without a public hearing.
i) Application Submittal
a) The applicant shall submit an application to the
zoning administrator in accordance with subd.
5 of this section.
ii) Action by the Zoning Administrator
a) The zoning administrator shall render a
decision to approve or deny an application in
accordance with the timelines contained in this
section. The zoning administrator shall provide a written decision on the
application, delivered to the applicant.
b) The decision shall be final on the date it is mailed or otherwise provided to the
applicant, whichever occurs first.
Table _____: Development Review Procedures
Type 1
Zoning
Administrator
Type 2 Planning
Commission
and Council
Type 3
City
Council
Decision Recommend
& Decision Decision
Zoning
Certificate
X
Site Plan
Review
X [1] X [1]
Conditional
Use Permit
X
Adjacent
Parcel Land
Conveyance
X
Lot
Consolidation
X
Subd.– Prelim.
Plat
X
Subd. --
Final Plat
X
Comp Plan
Amendment
X
Rezoning or
Text Amend.
X
Variance X
Appeals X
Note:
1. A site plan review application is subject to either a Type 1 or Type 2 review, dependent upon the criteria in section _____.
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iii) Appeal
a) The decision by the zoning administrator may be appealed to the city council
within 30 days from the date of the action in accordance with subd. 7 of this
section.
(b) Type 2 Review Procedure. Type 2 review procedure decisions are made by the city
council after a recommendation is made by the planning commission at a public
hearing. Type 2 review procedure decisions require both published and mailed notice
as required in this section.
i) Application Submittal
a) The applicant shall submit an application, in writing, to the
zoning administrator in accordance with this section.
ii) Review by the Zoning Administrator
a) The zoning administrator may consult with other city staff on
the application.
b) The zoning administrator shall provide the applicant with
comments and changes that are required to be in compliance
with the provisions of this UDC. The applicant shall be
required to submit revised plans and documents incorporating
the required changes prior to the planning commission meeting.
iii) Public Hearing and Notice by the Zoning Administrator
a) After determining that an application contains all the necessary and required
information, the zoning administrator shall place the application on the
planning commission agenda, schedule a public hearing on the proposed
request, and notify the public pursuant to the provisions of this section.
iv) Preparation of Staff Report
a) The zoning administrator shall prepare a staff report providing an analysis of
the proposal and a recommendation. The zoning administrator shall consider
comments from other city staff in formulating the recommendation.
b) A written staff report shall be forwarded to the planning commission and the
contact person listed on the application form at least three days prior to the
meeting at which the planning commission will consider the application.
v) Recommendation by Planning Commission
a) The planning commission shall consider the application at its public hearing. It
shall consider comments by staff as appropriate, a presentation by the applicant,
and comments by interested parties.
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b) The planning commission shall consider this information and make a
recommendation following the public hearing. If the planning commission so
desires, it may continue the public hearing and/or table the item to allow for
further review, so long as such action is in accordance with Minnesota Statutes,
section §15.99.
c) The planning commission shall also consider the applicable decision criteria of
this UDC and shall recommend approval, recommend approval with conditions
(where allowed by law), or recommend denial of an application, citing the
specific reasons therefor.
vi) Action by the City Council
a) After the planning commission’s recommendation is made, the city council
shall approve the request, approve with conditions (where allowed by law), or
deny the request, citing the specific reasons therefor.
b) The city council may adopt amendments to this article or the zoning map, in
relation to both land uses within a particular district or to the location of district
lines.
c) The city council shall adopt findings and shall act upon the application in
accordance with Minnesota Statutes, section 15.99.
vii) Appeals
a) The decision by the city council is appealable to the district court within 30 days
after receipt of notice of the decision.
(c) Type 3 Review Procedure. Type 3 review procedure decisions are made by the city
council at a public meeting that may not require a public hearing.
i) Application Submittal
a) The applicant shall submit an application as
provided in the Crystal City Code, section ____
ii) Review by the Zoning Administrator
a) The zoning administrator may consult with other
city staff on the application.
b) The zoning administrator shall provide the
applicant with comments and suggested changes
that are required to be in compliance with the
provisions of this UDC. The applicant shall be
required to submit revised plans and documents incorporating the required
changes prior to the city council meeting.
iii) Preparation of Staff Report
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a) The zoning administrator shall prepare a staff report providing an analysis of
the proposal and a recommendation from staff. The zoning administrator shall
consider comments from other city staff in formulating the recommendation.
b) A written staff report shall be forwarded to city council, and the contact person
listed on the application form, at least three days prior to the meeting at which
the city council will consider the application.
iv) Action by City Council
a) The city council shall approve the request, approve with conditions, or deny the
request.
v) Appeals
a) The decision by the city council is appealable to the district court within 30 days
after receipt of notice of the decision.
510.13. Specific Development Review Procedure Requirements.
Subd. 1. Zoning Certificate.
(a) Applicability
No building or other structure shall be erected, constructed, re-constructed, enlarged,
or structurally altered, nor shall any land be used, excavated, or improved until a zoning
certificate is issued.
(b) Approval Procedure
The zoning certificate application shall be submitted to the zoning administrator in
accordance with the application guidelines of this code and is subject to a Type 1
Review Procedure. The following application types are subject to a zoning certificate
review:
i) Accessory uses regulated as provided in the Crystal City Code, section ____.
ii) Temporary uses regulated as provided in the Crystal City Code, section ____.
iii) Changes of use within an existing structure where the use is substantially similar to
the existing use or another permitted use under the existing zoning district
classification as indicated on the official zoning map and where no expansion of
the building is included in the application.
iv) New single-family and two-family dwellings or additions and modifications of such
uses.
v) Expansion of an existing parking lot footprint of less than 25 percent.
vi) Additions to nonresidential buildings of less than 500 square feet.
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(c) Approval Criteria
i) The application shall demonstrate full compliance with the applicable requirements
of this UDC.
(d) Effect of Zoning Certificate Approval
i) The zoning certificate must be issued prior to the city’s issuance of a building
permit.
ii) If landscaping is required as part of the zoning certificate approval, and the
applicant is not able to install the landscaping prior to the issuance of the certificate
of occupancy, the applicant shall submit a cash escrow in an amount established by
the city council.
(e) Expiration
i) A zoning certificate shall become void after one year from the date of issuance if a
building permit has not been issued.
ii) Extensions may be granted if a modified timeline is requested and approved by the
zoning administrator.
Subd. 2. Site Plan Review.
(a) Applicability
i) No building or other structure shall be erected, constructed, re-constructed,
enlarged, or structurally altered, nor shall any land be used, excavated or improved
until a site plan is approved.
(b) Approval Procedure
A site plan review application shall be submitted to the zoning administrator in
accordance with the application criteria of this code. If an applicant is submitting a
conditional use permit application as provided in the Crystal City Code, section ____a
separate site plan review application is not required.
Site Plan for the following construction requires approval of a zoning certificate review
subject to a Type 1 review procedure as established in this code.
i) New multi-family dwellings, or additions thereto, of three units or more;
ii) New nonresidential structures;
iii) Additions to nonresidential structures of greater than 500 square feet;
iv) Expansion of an existing parking lot footprint by more than 25 percent.
v) New parking structures and facilities and parking lots.
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Site plans for all other construction requires approval of a site plan review applicat ion
subject to a Type 2 review procedure as established in this section.
(c) Approval Criteria
No site plan review application shall be approved unless it meets the following criteria:
i) it fully complies with all applicable requirements of this UDC;
ii) it adequately protects residential uses from the potential adverse effects of a non-
residential use;
iii) it is consistent with the use and character of surrounding properties; and
iv) it provides safe conditions for pedestrians or motorists and prevents the dangerous
arrangement of pedestrian and vehicular ways.
(d) Amendments to Approved Site Plans
i) After a site plan has been approved, in the course of carrying out this plan,
adjustments or rearrangements of buildings may be requested by the applicant. If
the amendment involves changes to 10 percent or less of the original floor area, not
to exceed 500 square feet, the zoning administrator may approve the amendment
after a Type 1 review procedure. Such amendment shall be in full compliance with
the requirements of this UDC. If the amendment involves changes greater than 10
percent of the original floor area or exceeds 500 square feet, the amendment will
be subject to a Type 2 review procedure.
ii) The zoning administrator may also review and approve adjustments or
rearrangements of items other than buildings, such as drives, parking areas,
recreation areas, entrances, heights, yards, signage, landscaping, exterior lighting,
surface water management plans, or similar modifications subject to a Type 1
review procedure. Such amendment shall be in full compliance with the
requirements of this UDC.
(e) Effect of City Council Decision
i) Site plan approval shall expire one year from the date of approval unless the
applicant has applied for and received a building permit.
ii) The applicant may request an extension of the expiration date in writing to the
zoning administrator. The city council may approve one extension of not more than
one year. Such written request shall include the following:
a) An explanation of what, if any, good faith efforts have been made to complete
the site plan process; and
b) The anticipated completion date.
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iii) If required as a condition of approval of the site plan, the applicant shall sign a site
improvement agreement with the city prior to the expiration date to guarantee
completion of landscaping, stormwater management improvements, paved parking
or pedestrian access areas, or similar improvements. A cash escrow deposit shall
be submitted with the signed agreement before site improvements commence.
Upon completion of the work and acceptance by the city, the escrow deposit shall be
released, except that the city may retain some of the deposit to ensure that the
landscaping is succeeding one year after completion of the improvements. In cases
where various elements of the work are completed in stages, a request for partial release
of the escrow may be approved by the zoning administrator. In the event construction
of the project is not completed within the time prescribed by building permits or other
approvals, the city may, at its option, complete the work using the escrow.
Subd. 3. Conditional Use Permit.
(a) Applicability
i) Conditional uses are those uses which have been identified, because of special
requirements or characteristics, that may only be allowed in a particular zoning
district after an application, review and recommendation by the planning
commission and approval by the city council
(b) Approval Procedure
i) Conditional use permits in all districts shall be subject to the Type 2 review
procedure.
(c) Conditional Use Standards
i) Conditional uses may be subject to use-specific regulations as established in this
UDC.
(d) Approval Criteria
i) In the approval of a conditional use permit, the city council may impose such
conditions as necessary to make the use compatible with other uses allowed in the
same district zone or vicinity.
No conditional use permit application may be approved unless the following criteria
have been satisfied:
a) The proposed use has been approved as a conditional use in the district for
which it is proposed as shown in Table ________;
b) The conditional use will be in accordance with the general objectives, or with
any specific objective, of the city’s comprehensive plan and this UDC;
c) The conditional use will be designed, constructed, operated, and maintained so
as to be harmonious and appropriate in appearance with the existing or intended
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character of the general vicinity and that such use will not change the essential
character of the same area;
d) Impacts such as noise, hours of activity, and exterior lighting have been
sufficiently addressed to mitigate negative impacts on nearby uses;
e) Parking is adequately provided for the proposed conditional use; and
f) Conditional uses in the Floodplain district are also subject to the conditional use
regulations as provided in the Crystal City Code, section ____
(e) Amendments to an Approved Conditional Use Permit
i) Approved conditional use permits may only be amended upon the classification and
review of the proposed amendment as follows:
a) Minor Amendments
i. Minor amendments shall include changes in the site design of the applicable
property that do not affect neighborhood compatibility or the public health,
safety or welfare, and that do not violate any of the provisions of this UDC
or the conditions attached to the conditional use permit.
ii. The zoning administrator may review and make a decision on a minor
amendment, and consult with other city staff members as part of a Type 1
review procedure.
iii. The zoning administrator may determine that a proposed minor amendment
qualifies as a major amendment, requiring review and approval under the
process provided herein.
b) Major Amendments
i. Major amendments shall include all changes that are not classified as minor
amendments above and shall be subject to Type 2 review procedures.
c) Accessory Uses to a Conditional Use
i. Uses and structures that are accessory to a conditional use shall be allowed
as provided in the Crystal City Code, section ____of this UDC, without
requiring a conditional use permit amendment, unless specifically required
as a condition of the conditional use permit approval.
(f) Effect of City Council Decision
i) A conditional use permit shall authorize a particular conditional use on a specific
parcel for which it was approved. A change of use from one permitted conditional
use to another shall require a new application and approval pursuant to this section.
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ii) If a site plan was approved as part of the conditional use permit, the permit shall
expire one year from the date of approval unless the applicant has applied for and
received a building permit. The applicant may request an extension of the expiration
date in writing to the zoning administrator. The city council may approve one
extension of not more than one year. Such written request shall include the
following:
a) An explanation of what, if any, good faith efforts have been made to complete
the site plan process; and
b) The anticipated completion date.
c) An approved conditional use may continue in operation, regardless of
ownership or ownership changes, provided the use meets all the standards and
conditions of approval.
d) If required as a conditional of approval of the site plan for the conditional use
permit, the applicant shall sign a site improvement agreement with the city prior
to the expiration date to guarantee completion of landscaping, stormwater
management improvements, paved parking or pedestrian access areas, or
similar improvements. A cash escrow deposit shall be submitted with the signed
agreement before site improvements commence.
Upon completion of the work and acceptance by the city, the escrow deposit shall be
released except that the city may retain some of the deposit to ensure that the
landscaping is succeeding one year after completion of the improvements. In cases
where various elements of the work are completed in stages, a request for partial release
of the escrow may be approved by the zoning administrator. In the event construction
of the project is not completed within the time prescribed by building permits or other
approvals, the city may, at its option, complete the work using the escrow.
510.15. Adjacent Parcel Land Conveyance.
Subd. 1. Purpose. The purpose of the procedure is to allow for the conveyance of small,
non-buildable areas of land from one lot to an adjacent lot without creating any new
nonconformities and where such minor changes do not call for the submission and approval of a
subdivision plat.
Subd. 2. Applicability. An adjacent parcel land conveyance occurs when a portion of a
platted lot will be conveyed to an adjacent lot.
Subd. 3. Approval Procedure. An adjacent parcel land conveyance shall be subject to the
Type 1 review procedure.
Subd. 4. Approval Criteria. All of the following criteria shall be considered and met in the
review of adjacent parcel land conveyance:
(a) The land conveyance will not create any new nonconformities beyond those that
existed prior to the application and which will not be corrected by the adjustment; and
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(b) The land conveyance is in compliance with the requirements of this UDC; and
(c) The parcel being conveyed shall not be a buildable parcel according to the dimensional
requirements of the zoning district in which the parcel is located.
510.17. Lot Consolidation.
Subd. 1. Applicability. A lot consolidation shall meet the following requirements. If these
requirements are not met, the property owner will be required to apply for a subdivision application
as provided in Crystal City Code, section ___________.
(a) All parcels resulting from the lot consolidation shall have frontage and access on an
existing improved street and shall not require the construction of any new street; and
(b) Any such consolidation shall not require any public improvements, with the exception
of sidewalks, bike paths or trails, and does not include conveyance of an interest in real
property to the city.
Subd. 2. Approval Procedure.
(a) Lot consolidations shall be submitted in writing to the zoning administrator and shall
be subject to the Type 3 review procedure. The city council will consider approval of
a final plat as part of that review procedure.
(b) In addition to the review procedure set forth above, all lot consolidation applications
shall be submitted to the state and county highway departments (if adjacent to a state
or county highway) prior to submission of an application. A comment letter from these
entities shall be required as part of the application.
Subd. 3. Approval Criteria.
All of the following criteria shall be considered in the review of lot consolidations:
(a) The consolidation must be in general compliance with the comprehensive plan.
(b) The consolidation must meet the purpose and intent of this UDC.
(c) Unless prior or concurrent approval of a variance is granted, any such consolidation
shall result in lots that meet the dimensional requirements for the zoning district in
which the property is located, or shall not further increas e the nonconformity of any
lot dimension or structure.
(d) The consolidator shall comply with the park dedication requirements as provided in
the Crystal City Code, section ____as required for a subdivision.
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510.19. Subdivision Regulations.
Subd. 1. Applicability. The review of a subdivision is divided into two distinct steps:
preliminary and final plat approval consistent with Minnesota Statutes, chapter 505.
Subd. 2. Preliminary Plat Review.
(a) Approval Procedure. Preliminary plats shall be submitted in writing to the zoning
administrator and shall be subject to the Type 2 review procedure.
(b) State and county review. In addition to the review procedure set forth above, all
subdivision preliminary plat applications shall be submitted to the state and county
highway departments (if adjacent to a state or county highway) prior to submission of
an application. A comment letter from these entities shall be required as part of the
preliminary plat submission.
(c) Approval Criteria. The planning commission and city council shall consider the
following criteria in the review of a preliminary plat. Criteria (i) must be met while
criteria (ii) and (iii) shall be considered:
i) The proposed subdivision must be in full compliance with the provisions of this
UDC;
ii) The proposed subdivision must be in accordance with the objectives of the city’s
comprehensive plan; and
iii) The physical characteristics of the site, including but not limited to topography,
vegetation, susceptibility to erosion and sedimentation, susceptibility to flooding,
water storage, and retention, must be such that the site is suitable for the type of
development or use contemplated;
(d) Effect of the City Council’s Decision. No construction or other development activities
shall take place on the site until the final plat and, if applicable a development
agreement, are approved by the city council, except that grading may occur if a grading
permit has been issued.
(e) Expiration of Preliminary Plat Approval. Unless the city council specifically approves
a different time period as part of the preliminary plat approval, the approval of a
preliminary plat shall expire one year from the date it was approved, unless the
applicant has filed a complete application for approval of a final plat; or. The applicant
may request an extension of the expiration date in writing to the zoning administrator.
The city council may approve one extension of not more than two years. Such written
request shall include the following:
i) An explanation for why a final plat has not been applied for;
ii) An explanation of what, if any, good faith efforts have been made to complete the
platting process; and
iii) The anticipated completion date.
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Subd. 3. Construction Drawings Approval. Construction drawings for any proposed
installation of public infrastructure shall be submitted to the city engineer at the time of the final
plat submission. These drawings must be approved by the city engineer as part of the final plat
approval.
Subd. 4. Final Plat. Approval Procedure.
(a) Final plats shall be submitted in writing to the zoning administrator and shall be subject
to the Type 3 review procedure.
(b) The city council may require such revisions in the final plat as it deems necessary for
the health, safety, general welfare and convenience of the city.
(c) If a final plat is denied by the city council, the findings for such denial shall be recorded
in the council proceedings and transmitted to the applicant.
(d) Approval Criteria. The city council shall consider the following in the review of a final
plat. Criteria (i), (ii), and (iii) below must be met and criteria (iv) shall be considered:
i) Construction drawings have been submitted to, reviewed and approved by the city
engineer;
ii) If applicable, a development agreement must have been prepared and executed as
part of the final plat application;
iii) Whether the final plat is in substantial compliance with the approved preliminary
plat and any conditions on the preliminary plat approval, and whether any changes
of note were reported to the city council; and
iv) The final plat must comply with all other applicable standards in this UDC and state
law including Minnesota Statutes, chapter 505 as applicable.
(e) Recording of the Final Plat. If the final plat is approved and signed by the mayor and
city clerk, the applicant shall record the final plat within six months with the county
recorder. No changes, erasures, modifications or revisions shall be made to any final
plat after approval has been given by the city council and endorsed by the mayor and
city clerk in writing on the plat. If the plat is not recorded with the county, the city
council’s approval of the final plat shall be automatically revoked.
510.21. Comprehensive Plan Amendment.
Subd. 1. Applicability. This section outlines the procedural requirements for the
amendment of the comprehensive plan. An amendment of the comprehensive plan may be initiated
by the city council, planning commission, city staff, or a Crystal property owner.
Subd. 2. Approval Procedure. Amendments to the comprehensive plan shall be subject to
the Type 2 review procedure.
Subd. 3. Approval Criteria. The planning commission and city council shall review the
necessary submittal requirements, facts, and circumstances of the proposed amendment and make
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a recommendation and decision on the amendment based on, but not limited to, consideration of
the following criteria:
(a) Whether the proposed amendment corrects an error or meets the challenge of some
changing condition, trend, or fact since the adoption of the comprehensive plan;
(b) Whether the proposed amendment is consistent with the policy foundation of the
comprehensive plan; and
(c) Whether the proposed amendment will be compatible with the adjacent land uses of the
property in question.
510.23. Rezoning or Text Amendments.
Subd. 1. Applicability. This section outlines the procedural requirements for the
amendment of the text of this UDC and the official zoning map. An amendment to the text of
this UDC or the official zoning map may be initiated by the planning commission or city council,
proposed by city staff, or initiated by the property owner or authorized agent of property for
which the amendment is sought by submitting an application, in writing, to the zoning
administrator.
Subd. 2. Approval Procedure. Amendments to the text of this UDC or official zoning
map shall be subject to the Type 2 review procedure. In the case of a rezoning to the PD overlay
district as provided in Crystal City Code, section 510.25 the applicant shall submit a site plan for
the proposed project.
Subd. 3. Approval Criteria. The planning commission and city council shall review the
necessary submittal requirements, facts, and circumstances of the proposed amendment and
make a recommendation and decision on the application based on, but not limited to,
consideration of the following criteria:
(a) The specific policies and recommendations of the comprehensive plan and other city
plans.
(b) The purpose and intent of this UDC, or in the case of a map amendment, whether it
meets the purpose and intent of the individual district.
(c) The adequacy of a buffer or transition provided between potentially incompatible
districts.
510.25. Rezoning to Planned Development Overlay District (PD).
Subd. 1. Approval. Approval of a rezoning to PD and approval of a site plan is subject to
the approval procedures of this subsection.
Subd. 2. Amendments to the PD Overlay District. An approved site plan for a PD overlay
district may only be amended upon the classification and review of the proposed amendment as
provided in this section.
Subd. 3. Minor Amendments.
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(a) Minor amendments shall include changes in the site design of the applicable property
that do not affect neighborhood compatibility or the public health, safety or welfare,
and that do not violate any of the provisions of this UDC or the conditions attached to
approval of the site plan.
(b) The zoning administrator shall conduct a Type 1 review for all minor amendment
applications.
(c) The zoning administrator may determine that a proposed minor amendment qualifies
as a major amendment, requiring approval in accordance with Subsection (b) below.
Subd. 4. Major Amendments.
(a) Major amendments shall include all changes that are not classified as minor
amendments above and shall be subject to Type 2 review. A major amendment may
include:
i) A substantial alteration of the location of buildings, parking areas or roads;
ii) An increase or decrease in the number of residential dwelling units by more than
5%;
iii) An increase of the gross floor area of non-residential buildings by more than 5% or
an increase of the gross floor area of any individual building by more than 10%;
iv) An increase in the number of stories of any building;
v) A decrease in the amount of open space by more than 5% or an alteration which
changes its original design or intended use; or
vi) The creation of non-compliance with any special condition attached to the approval
of the site plan.
Subd. 5. Effect of City Council Decision.
(a) The approval of a rezoning to a PD overlay district shall expire one year from the date
of approval unless the applicant has applied for and received a building permit. The
applicant may request an extension of the expiration date in writing to the zoning
administrator. The city council may approve one extension of not more than one year.
Such written request shall include the following:
i) An explanation of what, if any, good faith efforts have been made to complete the
site plan process; and
ii) The anticipated completion date.
(b) If the rezoning to a PD expires and the applicant has not received approval of an
extension, the city council may rezone the property to the original zoning classification
at the time of the PD application or to a zoning classification consistent with the
comprehensive plan designation for the property.
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(c) A rezoning to a PD overlay district may continue in operation, regardless of ownership
or ownership changes, provided the use meets all the standards and conditions of
approval.
510.27. Variance.
Subd. 1. Applicability.
(a) A variance is a modification or variation of the provisions of this UDC as applied to a
specific piece of property. Pursuant to the procedures provided in Minnesota Statutes,
section 462.357, use variances are prohibited.
Subd. 2. Approval Procedure.
(a) Variance applications shall be submitted, in writing, to the zoning administrator.
(b) The city council may impose reasonable conditions on the approval of variances to
ensure compliance and to protect adjacent properties.
Subd. 3. Approval Criteria.
(a) Pursuant to Minnesota Statutes, section 462.357, subdivision 6, as it may be amended
from time to time, the board of adjustments and appeals may only grant approval of
variances where practical difficulties exist as to strict compliance with this UDC and
each of the following criteria are satisfied:
i) The variance is in harmony with the general purposes and intent of this UDC;
ii) The variance is consistent with the Comprehensive Plan;
iii) The property owner proposes to use the property in a reasonable manner not
permitted by this UDC;
iv) The plight of the landowner is due to circumstances unique to the property not
created by the landowner; and
v) The variance, if granted, will not alter the essential character of the locality.
(b) Economic considerations alone do not constitute practical difficulties. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems.
(c) Variances shall be granted for earth shelter construction as defined in Minn. Stat.
§216C.06, subd. 14, when in harmony with this UDC.
(d) Variances in the floodplain district are also subject to the variance regulations as
provided in Crystal City Code, section ___________.
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510.29. Appeals.
Subd. 1. Applicability. This section sets out the procedure to follow when a person claims
to have been aggrieved or affected by an administrative decision of the zoning administrator or
other city staff.
Subd. 2. Approval Procedure. Appeals shall be submitted, in writing, to the zoning
administrator. Such appeals shall be subject to the Type 2 review procedure.
Subd. 3. Approval Criteria. An order, requirement, decision, or determination shall not be
reversed or modified unless there is competent material, and substantial evidence in the record that
the order, requirement, decision, or determination fails to comply with either the procedural or
substantive requirements of this UDC, state law, or federal law.
510.31. Enforcement and Penalties.
Subd. 1. Enforcement. This UDC shall be administered and enforced by the zoning
administrator, who may institute appropriate actions or proceedings against a violation as provided
by statute, charter, or code.
Subd. 2. Penalties. Any person who violates any of the provisions of this UDC shall, upon
conviction thereof, be fined not more than $700 for each offense, or imprisoned for not more than
90 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense.
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Section 515
Zoning Districts and Use Regulation
515.01. Official Zoning Map.
(a) Zoning map. The official zoning map together with all materials attached thereto is
hereby adopted by reference and declared to be a part of this section. The official zoning
map shall be on file with the city clerk.
515.03. Establishment of Zoning Districts.
(a) Purpose. The zoning classifications and districts specified in Table ____ are hereby
established within the city to carry out the purposes of this UDC.
Table ______: Zoning Districts
Abbreviation District Name
BASE ZONING DISTRICTS
R1 Low Density Residential District
R2 Medium Density Residential District
R3 High Density Residential District
C Commercial District
I Industrial District
AP Airport District
OVERLAY ZONING DISTRICTS
FP Floodplain Overlay District
SL Shoreland Overlay District
PD Planned Development Overlay District
TD Transit-Oriented Development Overlay District
(b) Relationship of Overlay Districts to Base Districts.
i) Where land is classified into an overlay zoning district, the regulations governing
development in the overlay district shall apply in addition to the regulations
governing the underlying base district, unless otherwise noted. In the event of a
conflict between the standards of the overlay district and the base district, the
standards governing the overlay district shall control.
ii) In some instances land may be classified into multiple overlay districts. In the event
of a conflict between the standards of the multiple overlay districts, the most
restrictive standards shall apply.
(c) Zoning District Boundaries.
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i) Zoning district boundary lines follow lot lines, railroad right -of-way lines, the
center of water courses or the corporate limit lines, all as they exist upon t he
effective date of this UDC.
ii) Appeals concerning the exact location of a zoning district boundary line shall be
reviewed according to the appeals procedure as provided in the Crystal City Code,
section __________.
iii) When any street, alley or other public right-of-way is vacated by official action of
the city, the zoning classification of land abutting the center line of said alley or
other public right-of-way shall not be affected by such proceedings, nor shall the
district boundary be affected thereby.
iv) The boundary for the floodplain overlay district is taken from the flood insurance
study dated November 4, 2016 for the city of Crystal, prepared by the Federal
Emergency Management Agency (“FEMA”). The effective Flood Insurance Rate
panels are:
27053C0192F
27053C0194F
27053C0203F
27053C0204F
27053C0211F
27053C0212F
27053C0213F
27053C0214F
515.05. Base Zoning Districts.
Subd. 1. R-1 Low Density Residential District.
(a) Purpose. The purpose of the R-1 district is to provide for detached single-family
residential dwellings and directly related complimentary uses on a limited basis.
Densities are to be no more than five dwellings per gross acre. As part of the approval
process for a particular development, the city council may set the maximum density at
some figure less than five dwellings per acre, depending on the character of the
surrounding area and the potential for negative impacts on the community.
(b) Site development standards. Such standards shall be those provided in the Crystal City
Code, section __ and Table ______ for the site development standards that apply to the
R1 district.
(c) Other development standards. In addition to the standards established for the R1 district
in this section, all development shall be subject to all other applicable standards in as
provided in the Crystal City Code, section ____.
Subd. 2. R-2 Medium Density Residential District.
(a) Purpose. The purpose of the R-2 district is to provide for attached or detached single-
family dwellings, two-family dwellings, smaller multiple-family buildings, and
directly related, complimentary uses, together with limited commercial uses allowed
by conditional use permit as provided herein. In accordance with the comprehensive
plan, densities are to be no less than five and no more than 12 dwellings per gross acre.
As part of the approval process for a particular development, the city council may set
the maximum density at a specific figure within the range established by the
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comprehensive plan, depending on the character of the surrounding area and the
potential for negative impacts on the community.
(b) Site development standards. Such standards shall be those provided in the Crystal City
Code, section __ and Table ______ for the site development standards that apply to the
R2 district.
(c) Other development standards. In addition to the standards established for the R2 district
in this section, all development shall be subject to all other applicable standards as
provided in the Crystal City Code, section ____.
Subd. 3. R-3 High Density Residential District.
(a) Purpose. The purpose of the R-3 district is to provide for multiple family buildings and
directly related, complimentary uses, together with limited commercial uses allowed
by conditional use permit. In accordance with the comprehensive plan, densities are to
be no less than 12 and no more than 22 dwellings per gross acre. As part of the approval
process for a particular development, the city council may set the maximum density at
a specific figure within the range established by the comprehensive plan, depending on
the character of the surrounding area and the potential for negative impacts on the
community.
(b) Site development standards. Such standards shall be those provided in the Crystal City
Code, section __ and Table ______ for the site development standards that apply to the
R3 district.
(c) Other development standards. In addition to the standards established for the R3 district
in this section, all development shall be subject to all other applicable standards as
provided in the Crystal City Code, section __.
515.07. C Commercial District.
(a) Purpose. The purpose of the C-commercial district is to provide for commercial and
service activities which draw from and serve customers from the entire community.
Motor vehicle-oriented uses shall be limited to certain designated corridors and shall
require a conditional use permit. Regulations shall protect those residential uses near
commercial uses from negative impacts.
(b) Site development standards. Such standards shall be those provided in the Crystal City
Code, section __ and Table ______ for the site development standards that apply to the
Commercial district.
(c) Other development standards. In addition to the standards established for the
Commercial district in this section, all development shall be subject to all other
applicable standards as provided in the Crystal City Code, section ___.
515.09. I Industrial District.
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(a) Purpose. The purpose of the I industrial district is to provide for industrial development
such as warehousing and manufacturing, with office and retail allowed as limited
accessory uses.
(b) Site development standards. Such standards shall be those provided in the Crystal City
Code, section __ and Table ______ for the site development standards that apply to the
Industrial district.
(c) Other development standards. In addition to the standards established for the Industrial
district in this section, all development shall be subject to all other applicable standards
as provided in the Crystal City Code, section __.
515.11. AP Airport District.
(a) Purpose. The purpose of the AP airport overlay district is to accommodate the
continued operation of the Crystal Airport in accordance with the city’s Comprehensive
Plan. Additions to existing buildings and construction of new buildings on airport
property shall be permitted so long as they comply with the standards established in
this UDC.
(b) Site development standards. Those standards as provided in the Crystal City Code,
section __ shall constitute as the site development standards that apply to the AP
district.
(c) Other development standards. In addition to the standards established for the AP
District in this section, all development shall be subject to all other applicable standards
as provided in the Crystal City Code, section ___.
515.13. Overlay Districts.
Subd. 1. Floodplain Overlay District (FP).
(a) Statutory authorization. The legislature of the State of Minnesota has, in Minnesota
Statutes, Chapter 103F and Chapter 462 delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses.
(b) Purpose.
i) This subsection regulates development in the flood hazard areas of the City. These
flood hazard areas are subject to periodic inundation, which may result in loss of
life and 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. It is the purpose of this subsection to promote
the public health, safety, and general welfare by minimizing these losses and
disruptions.
ii) National Flood Insurance Program Compliance. This subsection is adopted to
comply with the rules and regulations of the National Flood Insurance Program
codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to
maintain the community’s eligibility in the National Flood Insurance Program.
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iii) Preservation. This ordinance is also intended to preserve the natural characteristics
and functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and
riparian habitat, provide recreational opportunities, provide aesthetic benefits and
enhance community and economic development.
(c) General provisions. This subsection adopts the floodplain maps applicable to the City
and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain (collectively, “Flood Districts”).
i) Where Floodway and Flood Fringe districts are delineated on the floodplain maps,
the standards as provided in the Crystal City Code, section __ shall apply,
depending on the location of a property.
ii) Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district.
Within the General Floodplain district, the Floodway District standards as provided
in the Crystal City Code, section ___ shall 4 apply unless the floodway boundary
is determined, as provided in the Crystal City Code, section __. Once the floodway
boundary is determined, the Flood Fringe District standards as provided in the
Crystal City Code, section ___ may apply outside the floodway.
iii) Lands to which this subsection applies. This Floodplain Overlay subsection applies
to all lands within the jurisdiction of the City shown on the city’s zoning map and/or
the attachments to the map as being located within the boundaries of the Flood
Districts.
a) The Floodway, Flood Fringe, and General Floodplain Districts are overlay
districts that are superimposed on all existing zoning districts. The standards
imposed in the overlay districts are in addition to any other requirements in this
subsection. In case of a conflict, the more restrictive standards will apply.
iv) Incorporation of maps by reference. The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the zoning
map of Crystal, Minnesota and this subsection. The attached material includes the
Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas,
dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated
below, dated November 4, 2016, all prepared by the Federal Emergency
Management Agency. These materials are on file at Crystal City Hall.
v) Effective Flood Insurance Rate Map panels:
27053C0192F
27053C0194F
27053C0203F
27053C0204F
27053C0211F
27053C0212F
27053C0213F
27053C0214F
vi) Regulatory flood protection elevation. The regulatory flood protection elevation
(RFPE) is an elevation no lower than one foot above the elevation of the regional
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flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
vii) Interpretation. The boundaries of the Flood Districts are determined by scaling
distances on the Flood Insurance Rate Map.
a) Where a conflict exists between the floodplain limits illustrated on the City’s
zoning map and actual field conditions, the flood elevations shall be the
governing factor. The Zoning Administrator must interpret the boundary
location based on the ground elevations that existed on the site on the date of
the first National Flood Insurance Program map showing the area within the
regulatory floodplain, and other available technical data.
b) Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the Board of Appeals and
Adjustments and to submit technical evidence.
viii) Warning and disclaimer of liability. This subsection does not imply that areas
outside the floodplain districts or land uses permitted within such districts will be
free from flooding or flood damages. This subsection does not create liability on
the part of the City or its officers or employees for any flood damages that result
from reliance on this subsection or any administrative decision lawfully made
hereunder.
ix) Annexations. The Flood Insurance Rate Map panels adopted by reference into
Subdivision 2 above may include floodplain areas that lie outside of the corporate
boundaries of the City at the time of adoption of this subsection. If any of these
floodplain land areas are annexed into the City after the date of adoption of this
subsection, the newly annexed floodplain lands will be subject to the provisions of
this subsection immediately upon the date of annexation.
x) Detachments. The Flood Insurance Rate Map panels adopted by reference as
provided in the Crystal City Code, section ___ above shall include all floodplain
areas which lie inside the corporate boundaries of municipalities at the time of
adoption of this subsection. If any of these floodplain land areas are detached from
a municipality and come under the jurisdiction of the City after the date of adoption
of this subsection, the newly detached floodplain lands will be subject to the
provisions of this subsection immediately upon the date of detachment.
Subd. 2. Establishment of Flood Districts.
(a) Flood districts.
i) Floodway district. The Floodway District includes those areas within Zones AE
that have a floodway delineated as shown on the Flood Insurance Rate Map as
provided in the Crystal City Code, section ___. For lakes, wetlands and other basins
within Zones AE that do not have a floodway delineated, the Floodway District
also includes those areas that are at or below the ordinary high water level as
defined in Minnesota Statutes, section 103G.005, subdivision 14.
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ii) Flood fringe district. The Flood Fringe District includes areas within Zones AE that
have a floodway delineated on the Flood Insurance Rate Map as provided in the
Crystal City Code, section ___, but are located outside of the floodway. For lakes,
wetlands and other basins within Zones AE that do not have a floodway delineated,
the Flood Fringe District also includes those areas below the 1% annual chance
(100-year) flood elevation but above the ordinary high water level as defined in
Minnesota Statutes, section 103G.005, subdivision 14.
iii) General Floodplain District. The General Floodplain District includes those areas
within Zones A or AE that do not have a delineated floodway as shown on the Flood
Insurance Rate Map as provided in the Crystal City Code, section ___.
(b) Applicability. Within the Flood Districts established in this subsection, the use, size,
type and location of development must comply with the terms of this subsection and
other applicable regulations. In no cases shall floodplain development adversely affect
the efficiency or unduly restrict the capacity of the channels or floodways of any
tributaries to the main stream, drainage ditches, or any other drainage facilities or
systems. All uses not listed as permitted uses or conditional uses as provided in the
Crystal City Code, sections ___. are prohibited. In addition, critical facilities, as defined
in the Crystal City Code, section ___, are prohibited in all Flood Districts.
Subd. 3. Floodway district (FW).
(a) Permitted uses. The following uses, subject to the standards set forth herein, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
i) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
ii) Industrial-commercial loading areas, parking areas, and airport landing strips.
iii) Open space uses, including but not limited to private and public golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, hunting and fishing areas, and single or multiple purpose
recreational trails.
iv) Residential lawns, gardens, parking areas, and play areas.
v) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources’ Area Hydrologist is notified at least ten days
prior to issuance of any permit.
(b) Standards for floodway permitted uses.
i) The use must have a low flood damage potential.
ii) The use must not obstruct flood flows or cause any increase in flood elevations and
must not involve structures, obstructions, or storage of materials or equipment.
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iii) Any facility that will be used by employees or the general public must be designed
with a flood warning system that provides adequate time for evacuation if the area
is inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of the
regional (1% chance) flood.
(c) Conditional uses. The following uses may be allowed as conditional uses following the
standards and procedures as provided in the Crystal City Code, section ___ and further
subject to the standards set herein, if otherwise allowed in the underlying zoning district
or any applicable overlay district.
i) Structures accessory to the permitted uses listed in Subd. 4 (a), 1 to 3, above, and
the uses listed in Subdivision 4 (c), 2 to 3, of this subsection.
ii) Extraction and storage of sand, gravel, and other materials.
iii) Marinas, boat rentals, docks, piers, wharves, and water control structures.
iv) Storage yards for equipment, machinery, or materials.
v) Placement of fill or construction of fences that obstruct flood flows. Farm fences,
as defined herein, are permitted uses.
vi) Levees or dikes intended to protect agricultural crops for a frequency flood event
equal to or less than the 10-year frequency flood event.
(d) Standards for floodway conditional uses.
i) All uses. A conditional use must not cause any increase in the stage of the 1%
chance or regional flood or cause an increase in flood damages in the reach or
reaches affected.
a) Fill; storage of materials and equipment.
i. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
ii. Fill, dredge spoil, and other similar materials deposited or stored in the
floodplain must be protected from erosion by vegetative cover, mulching,
riprap or other acceptable method. Permanent sand and gravel operations
and similar uses must be covered by a long-term site development plan.
iii. Temporary placement of fill, other materials, or equipment which would
cause an increase to the stage of the 1% percent chance or regional flood
may only be allowed if the City Council has approved a plan that assures
removal of the materials from the floodway based upon the flood warning
time available.
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b) Accessory structures. Accessory structures, as identified in Subdivision 4 (c)
(1), may be permitted, provided that:
i. buildings are not intended for human habitation.
ii. structures will have a low flood damage potential.
iii. structures will be constructed and placed so as to offer a minimal
obstruction to the flow of flood waters.
iv. Service utilities, such as electrical and heating equipment, within these
buildings must be elevated to or above the regulatory flood protection
elevation or properly floodproofed.
v. Buildings must be elevated on fill or structurally dry floodproofed in
accordance with the FP1 or FP2 floodproofing classifications in the State
Building Code. All floodproofed buildings must be adequately anchored to
prevent flotation, collapse or lateral movement and designed to equalize
hydrostatic flood forces on exterior walls.
vi. As an alternative, an accessory building may be internally/wet floodproofed
to the FP3 or FP4 floodproofing classifications in the State Building Code,
provided the accessory building constitutes a minimal investment and does
not exceed 576 square feet in size. Designs for meeting this requirement
must either be certified by a registered professional engineer or meet or
exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a
minimum of two “automatic” openings in the outside walls of the
building, with a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the building and the
bottom of all openings must be no higher than one foot above the lowest
adjacent grade to the building. Using human intervention to open a
garage door prior to flooding will not satisfy this requirement for
automatic openings.
c. Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters are subject to the
provisions of Minnesota Statutes, section 103G.245.
d. A levee, dike or floodwall constructed in the floodway must not cause
an increase to the 1% chance or regional flood. The technical analysis
must assume equal conveyance or storage loss on both sides of a stream.
e. Floodway developments must not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system.
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Subd. 5. Flood fringe district (FF).
(a) Permitted uses. Permitted uses are those uses of land allowed in the underlying zoning
district(s) that comply with the standards in Subdivision 5 (b).
(b) Standards for flood fringe permitted uses.
i) All buildings, including accessory buildings, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory flood protection elevation.
The finished fill elevation for buildings must be no lower than one foot below the
regulatory flood protection elevation and the fill must extend at the same elevation
at least 15 feet beyond the outside limits of the building.
ii) Accessory buildings. As an alternative to the fill requirements of Subdivision 5 (b)
(1), buildings accessory to the uses identified in Subdivision 5 (a) may be permitted
to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in
the State Building Code, provided that:
iii) the accessory building constitutes a minimal investment, does not exceed 576
square feet in size, and is only used for parking and storage.
iv) All portions of floodproofed accessory buildings below the Regulatory Flood
Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse
or lateral movement and designed to equalize hydrostatic flood forces on exterior
walls, (ii) be constructed with materials resistant to flood damage, and (iii) must
have all service utilities be water-tight or elevated to above the regulatory flood
protection elevation.
v) Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
a) To allow for the equalization of hydrostatic pressure, there must be a minimum
of two “automatic” openings in the outside walls of the building, with a total
net area of not less than one square inch for every square foot of enclosed area
subject to flooding; and
b) There must be openings on at least two sides of the building and the bottom of
all openings must be no higher than one foot above the lowest adjacent grade
to the building. Using human intervention to open a garage door prior to
flooding will not satisfy this requirement for automatic openings.
c) The cumulative placement of fill or similar material on a parcel must not exceed
1,000 cubic yards, unless the fill is specifically intended to elevate a building in
accordance with Subdivision 5 (b) (1), or if allowed as a conditional use under
Subdivision 5 (c) (3) below.
d) The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
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e) All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
f) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
g) All fill must be properly compacted and the slopes must be properly protected
by the use of riprap, vegetative cover or other acceptable method.
h) All new principal buildings must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation, or must
have a flood warning /emergency evacuation plan acceptable to the City.
i) Accessory uses such as yards, railroad tracks, and parking lots may be at an
elevation lower than the regulatory flood protection elevation. However, any
facilities used by employees or the general public must be designed with a flood
warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence
of the regional (1% chance) flood.
j) Interference with normal manufacturing/industrial plant operations must be
minimized, especially along streams having protracted flood durations. In
considering permit applications, due consideration must be given to the needs
of industries with operations that require a floodplain location.
k) Manufactured homes and recreational vehicles must meet the standards of
Subdivision 9 of this subsection.
(c) Conditional uses. The following uses and activities may be allowed as conditional uses,
if allowed in the underlying zoning district (s) or any applicable overlay district,
following the procedures in Subdivision 10 (d) of this subsection.
i) Any structure that is not elevated on fill or floodproofed in accordance with
Subdivision 5 (b) (1) and (2) of this subsection.
ii) Storage of any material or equipment below the regulatory flood protection
elevation.
iii) The cumulative placement of more than 1,000 cubic yards of fill when the fill is
not being used to elevate a building in accordance with Subdivision 5 (b) (1) of this
subsection.
(d) Standards for flood fringe conditional uses.
(e) The standards listed in Subdivision 5 (b) (4) through 5 (b) (10) apply to all conditional
uses.
i) Basements, as defined by Subdivision 2 of this subsection, are subject to the
following:
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a) Residential basement construction is not allowed below the regulatory flood
protection elevation.
b) Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry floodproofed in
accordance with Subdivision 5 (d) (3) of this subsection.
ii) All areas of nonresidential buildings, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code.
Structurally dry floodproofing must meet the FP1 or FP2 floodproofing
classification in the State Building Code, which requires making the building
watertight with the walls substantially impermeable to the passage of water and
with structural components capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
iii) The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a building to the regulatory flood
protection elevation) must comply with an approved erosion/sedimentation control
plan.
a) The plan must clearly specify methods to be used to stabilize the fill on site for
a flood event at a minimum of the regional (1% chance) flood event.
b) The plan must be prepared and certified by a registered professional engin eer
or other qualified individual acceptable to the City.
c) The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
iv) Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
Subd. 6. General floodplain district (GF).
(a) Permitted uses.
i) The uses listed in Subdivision 4 (a) of this subsection, Floodway District Permitted
Uses, are permitted uses.
ii) All other uses are subject to the floodway/flood fringe evaluation criteria specified
in Subdivision 6 (b) below. Subdivision 4 applies if the proposed use is determined
to be in the Floodway District. Subdivision 5 applies if the proposed use is
determined to be in the Flood Fringe District.
(b) Procedures for floodway and flood fringe determinations.
i) Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably
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utilize any regional flood elevation and floodway data available from a federal,
state, or other source.
ii) If regional flood elevation and floodway data are not readily available, the applicant
must furnish additional information, as needed, to determine the regulatory flood
protection elevation and whether the proposed use would fall within the Floodway
or Flood Fringe District. Information must be consistent with accepted hydrological
and hydraulic engineering standards and the standards in Subdivision 6 (b) (3)
below.
iii) The determination of floodway and flood fringe must include the following
components, as applicable:
a) Estimate the peak discharge of the regional (1% chance) flood.
b) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
c) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than one-half (0.5) foot. A lesser stage increase
than 0.5 foot is required if, as a result of the stage increase, increased flood
damages would result. An equal degree of encroachment on both sides of the
stream within the reach must be assumed in computing floodway boundaries.
iv) The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous
floodway encroachments. The Zoning Administrator may seek technical assistance
from a designated engineer or other expert person or agency, including the
Department of Natural Resources. Based on this assessment, the Zoning
Administrator may approve or deny the application.
v) Once the Floodway and Flood Fringe District boundaries have been determined,
the Zoning Administrator must process the permit application consistent with the
applicable provisions of Subdivisions 4 and 5 of this subsection.
Subd. 7. Land development standards.
(a) In general. Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City.
(b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding
or inadequate drainage, water supply or sewage treatment facilities. Manufactured
home parks and recreational vehicle parks or campgrounds are considered subdivisions
under this subsection.
i) All lots within the floodplain districts must be able to contain a building site outside
of the Floodway District at or above the regulatory flood protection elevation.
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ii) All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection
elevation, unless a flood warning emergency plan for the safe evacuation of all
vehicles and people during the regional (1% chance) flood has been approved by
the City. The plan must be prepared by a registered engineer or other qualified
individual, and must demonstrate that adequate time and personnel exist to carry
out the evacuation.
iii) For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of
all access roads must be clearly labeled on all required subdivision drawings and
platting documents.
iv) In the General Floodplain District, applicants must provide the information
required in Subdivision 6 (b) of this subsection to determine the regional flood
elevation, the Floodway and Flood Fringe District boundaries and the regulatory
flood protection elevation for the subdivision site.
v) If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal shall be reviewed to assure that:
a) All such proposals are consistent with the need to minimize flood damage
within the flood prone area.
b) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage.
c) Adequate drainage is provided to reduce exposure of flood hazard.
(c) Building sites. If a proposed building site is in a flood prone area, all new construction
and substantial improvements (including the placement of manufactured homes) must
be:
i) Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the building resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
ii) Constructed with materials and utility equipment resistant to flood damage.
iii) Constructed by methods and practices that minimize flood damage.
iv) 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.
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Subd. 8. Public utilities, railroads, roads, and bridges.
(a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with
the State Building Code or elevated to the regulatory flood protection elevation.
(b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within
the floodplain must comply with Subdivisions 4 and 5 of this subsection. These
transportation facilities must be elevated to the regulatory flood protection elevation
where failure or interruption of these facilities would result in danger to the public
health or safety or where such facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public
health or safety.
(c) On-site water supply. Where public utilities are not provided on-site water supply
systems must be designed to minimize or eliminate infiltration of flood waters into the
systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as
amended.
Subd. 9. Manufactured homes, manufactured home parks, and recreational vehicles.
(a) Manufactured homes. New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
i) Placement or replacement of manufactured home units is prohibited in the
Floodway District.
ii) If allowed in the Flood Fringe District, placement or replacement of manufactured
home units is subject to the requirements of Subdivision 5 of this subsection and
the following standards.
a) New and replacement manufactured homes must be elevated in compliance
with Subdivision 5 of this subsection and must be securely anchored to an
adequately anchored foundation system that resists flotation, collapse and
lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting wind
forces.
b) New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in Subdivision 7
(b) (2).
Subd. 10. Administration.
(a) Permit requirements.
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i) Permit Required. A permit must be obtained from the Zoning Administrator prior
to conducting the following activities:
a) The erection, addition, modification, rehabilitation, or alteration of any
building, structure, or portion thereof. Normal maintenance and repair also
requires a permit if such work, separately or in conjunction with other planned
work, constitutes a substantial improvement as defined in this subsection.
b) The use or change of use of a building, structure, or land.
c) The construction of a dam, fence, or on-site septic system, although a permit is
not required for a farm fence as defined in this subsection.
d) The change or extension of a nonconforming use.
e) The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
f) The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
g) Relocation or alteration of a watercourse (including new or replacement
culverts and bridges), unless a public waters work permit has been applied for.
h) Any other type of “development” as defined in this subsection.
(b) Application for permit. Permit applications must be submitted to the zoning
administrator on forms provided by the zoning administrator. The permit application
must include the following as applicable:
i) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
ii) Location of fill or storage of materials in relation to the stream channel.
iii) Copies of any required municipal, county, state or federal permits or approvals.
iv) Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
(c) Certificate of zoning compliance for a new, altered, or nonconforming use. No
building, land or structure may be occupied or used in any manner until approval has
been issued by the zoning administrator stating that the use of the building or land
conforms to the requirements of this subsection.
(d) Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished
fill and building elevations were accomplished in compliance with the provisions of
this subsection. Floodproofing measures must be certified by a registered professional
engineer or registered architect.
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(e) Record of first floor elevation. The zoning administrator must maintain a record of the
elevation of the lowest floor (including basement) of all new buildings and alterations
or additions to existing structures in the floodplain. The zoning administrator must also
maintain a record of the elevation to which structures and alterations or additions to
structures are floodproofed.
(f) Notifications for watercourse alterations. Before authorizing any alteration or
relocation of a stream, the zoning administrator must notify adjacent communities. If
the applicant has applied for a permit to work in public waters pursuant to Minnesota
Statutes, section 103G.245, this will suffice as adequate notice. A copy of the
notification must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(g) Notification to FEMA when physical changes increase or decrease base flood
elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the zoning administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
Subd. 11. Variances.
(a) Variance applications. An application for a variance to the provisions of this subsection
will be processed and reviewed in accordance with applicable state statutes and as
provided in the Crystal City Code, section ___.
(b) Adherence to state floodplain management standards. A variance must not allow a use
that is not allowed in that district, permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area, or permit standards lower
than those required by state law.
(c) Additional variance criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
i) Variances must not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
ii) Variances may only be issued upon (i) a showing of good and sufficient cause, (ii)
a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
iii) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Flood insurance notice. The zoning administrator must notify the applicant for a
variance that:
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i) The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage; and
ii) Such construction below the base or regional flood level increases risks to life and
property. Such notification must be maintained with a record of all variance actions.
(e) General considerations. The City Council may consider the following factors in
granting or denying variances and imposing conditions on variances and conditional
uses in floodplains:
i) The potential danger to life and property due to increased flood heights or velocities
caused by encroachments.
ii) The danger that materials may be swept onto other lands or downstream to the
injury of others.
iii) The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions.
iv) The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner.
v) The importance of the services to be provided by the proposed use to the
community.
vi) The requirements of the facility for a waterfront location.
vii) The availability of viable alternative locations for the proposed use that are not
subject to flooding.
viii) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
ix) The relationship of the proposed use to the Comprehensive Land Use Plan and flood
plain management program for the area.
x) The safety of access to the property in times of flood for ordinary and emergency
vehicles.
xi) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
(f) Submittal of hearing notices to the department of natural resources (DNR). The Zoning
Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days’ notice of the hearing. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
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(g) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(h) Record-Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance Program,
when requested by the Federal Emergency Management Agency.
Subd. 12. Conditional Uses.
(a) Administrative Review. An application for a conditional use permit under the
provisions of this subsection will be processed and reviewed in accordance with
Section 515.05 of the UDC.
(b) Factors Used in Decision-Making. In passing upon conditional use applications, the
City Council must consider all relevant factors specified in other sections of this
subsection, and those factors identified in Subdivision 10 (c) (5) subsection.
(c) Conditions Attached to Conditional Use Permits. The City Council may attach such
reasonable conditions to the granting of conditional use permits as it deems necessary
to fulfill the purposes of this subsection. Such conditions may include, but are not
limited to, the following:
i) Modification of waste treatment and water supply facilities.
ii) Limitations on period of use, occupancy, and operation.
iii) Imposition of operational controls, sureties, and deed restrictions.
iv) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
v) Floodproofing measures, in accordance with the State Building Code and this
subsection. The applicant must submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent
with the regulatory flood protection elevation and associated flood factors for the
particular area.
vi) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
zoning administrator must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days’ notice of the hearing.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
vii) Submittal of Final Decisions to the DNR. A copy of all decisions granting
conditional uses must be forwarded to the DNR within ten days of such action. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
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Subd. 13. Nonconformities.
(a) Continuance of Nonconformities. A use, structure, or occupancy of land which was
lawful before the passage or amendment of this subsection but which is not in
conformity with the provisions of this subsection may be continued subject to the
following conditions, except that historic structures, as defined in Subdivision 2 of this
subsection, are exempt from Subdivision 11 (a) (7) of this subsection.
(b) No expansion. A nonconforming use, structure, or occupancy must not be expanded,
changed, enlarged, or altered in a way that increases its flood damage potential or
degree of obstruction to flood flows except as provided in Subdivision 11 (a) (2) below.
Expansion or enlargement of uses, structures or occupancies within the Floodway
District is prohibited.
(c) Additions. Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage potential must be
protected to the regulatory flood protection elevation in accordance with any of the
elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in
Subdivision 11 (a) (3) and Subdivision 11 (a) (7) below.
(d) Substantial improvements. If the cost of all previous and proposed alterations and
additions exceeds 50 percent of the market value of any nonconforming structure, that
shall be considered substantial improvement, and the entire structure must meet the
standards of Subdivision 4 and 5 of this subsection for new structures, depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively. The cost
of all structural alterations and additions must include all costs such as construction
materials and a reasonable cost placed on all manpower or labor.
(e) Discontinuance. If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must conform to
this subsection. If the county assessor becomes aware of nonconformities that have
been discontinued for a period of more than one year, they will let the city know of
these instances in writing.
(f) Substantial Damage. If any nonconformity is substantially damaged, as defined in
Subdivision 2 of this subsection, it may not be reconstructed except in conformity with
the provisions of this subsection. The applicable provisions for establishing new uses
or new structures in Subdivisions 4 or 5 will apply depending upon whether the use or
structure is in the Floodway or Flood Fringe, respectively.
(g) [TITLE TBD]. If any nonconforming use or structure experiences a repetitive loss, as
defined in Subdivision 2 of this subsection, it must not be reconstructed except in
conformity with the provisions of this subsection.
(h) [TITLE TBD]. Any substantial improvement, as defined in Subdivision 2 of this
subsection, to a nonconforming structure requires that the existing structure and any
additions must meet the requirements of Subdivision 4 or 5 of this subsection for new
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structures, depending upon whether the structure is in the Floodway or Flood Fringe
District.
Subd. 14. Penalties and Enforcement.
(a) Violation Constitutes a Misdemeanor. Violation of the provisions of this subsection or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
(b) Other Lawful Action. Nothing in this subsection restricts the City from taking such
other lawful action as is necessary to prevent or remedy any violation. If the responsible
party does not appropriately respond to the Zoning Administrator within the specified
period of time, each additional day that lapses will constitute an additional violation of
this ordinance and will be prosecuted accordingly.
(c) Enforcement. Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Section 515.01 of this UDC. In
responding to a suspected ordinance violation, the Zoning Administrator and City
Council may utilize the full array of enforcement actions available to it including but
not limited to prosecution and fines, injunctions, after-the-fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for denial of
flood insurance availability to the guilty party. The City must act in good faith to
enforce these official controls and to correct ordinance violations to the extent possible
so as not to jeopardize its eligibility in the National Flood Insurance Program.
Subd. 15. Amendments.
(a) Floodplain Designation; Restrictions on Removal. The floodplain designation on the
city’s zoning map must not be removed from floodplain areas unless it can be shown
that the designation is in error or that the area has been filled to or above the elevation
of the regulatory flood protection elevation and is contiguous to lands outside the
floodplain. Special exceptions to this rule may be permitted by the Commissioner of
the Department of Natural Resources (DNR) if the Commissioner determines that,
through other measures, lands are adequately protected for the intended use.
(b) Amendments Require DNR Approval. All amendments to this subsection must be
submitted to and approved by the Commissioner of the Department of Natural
Resources (DNR) prior to adoption. The Commissioner must approve the amendment
prior to community approval.
(c) Map Revisions Require Ordinance Amendments. The floodplain district regulations
must be amended to incorporate any revisions by the Federal Emergency Management
Agency to the floodplain maps adopted in Subdivision 2 of this subsection.
Subd. 16. Shoreland Overlay District (SL) – Reserved.
515.15. Planned Development Overlay District (PD).
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Subd. 1. Purpose. The purpose of the planned development overlay district (PD) district is
to provide a district which will encourage the following:
(a) Flexibility in land development and redevelopment in order to utilize new techniques
of building design, construction and land development.
(b) Provision of housing affordable to all income groups.
(c) Energy conservation through the use of more efficient building designs and sitings, and
the clustering of buildings and land uses.
(d) Preservation of desirable site characteristics and open space, and protection of sensitive
environmental features, including steep slopes, poor soils and trees.
(e) More efficient and effective use of land, open space and public facilities through
mixing of land uses, and assembly and development of land in larger parcels.
(f) In exchange for relaxing site development standards such as building setbacks or
height, or subdivision standards such as the street widths, the city receives a
development that has a high quality of design, compatible with surrounding land uses.
(g) Sensitive development in transitional areas located between different land uses and
along significant corridors within the city.
(h) Development which is consistent with the comprehensive plan.
Subd. 2. Uses. Within the PD district all permitted uses and accessory uses of the
underlying zoning district are allowed. Uses allowed by conditional use permit must be reviewed
for compliance with the PD site plan and with the applicable conditional use permit standards in
this UDC.
Subd. 3. Development Standards. Within the PD district all development must be in
compliance with the following:
(a) Each PD must have a minimum area of two acres, excluding areas within a public right-
of-way, designated wetland or floodplain overlay district, unless the applicant can
demonstrate the existence of one or more of the following:
i) Unusual physical features of the property itself or of the surrounding neighborhood
such that development as a PD will conserve a physical or topographic feature of
importance to the neighborhood or community.
ii) The property is directly adjacent to or across a right-of-way from property which
has been developed previously as a PD and will be perceived as and will function
as an extension of that previously approved development.
iii) The property is located in a transitional area between different land use categories
or it is located on an arterial street as defined in the comprehensive plan.
(b) If a particular PD would provide an extraordinary benefit to the community, or if a PD
site has extraordinary characteristics that make development difficult, the city council
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may approve a density of up to 10% more than the maximum identified in the
comprehensive plan.
(c) A PD site may have more than one principal building or multiple land uses, provided
that the land uses are allowed in the underlying zoning district.
(d) A residential PD or residential area of a mixed use PD must provide a minimum of 10%
of the gross project area in private recreational uses for project residents. Such area
must be developed and used for active or passive recreational uses suited to the needs
of the residents of the project, including swimming pools, trails, nature areas, picnic
areas, tot lots and saunas. This requirement may be waived if the city council finds that
adequate recreational opportunities are available sufficiently near the PD to make this
requirement duplicative, or if the PD is too small for this requirement to be feasible.
(e) The site development standards as provided in the Crystal City Code, section ___ and
the signage requirements as provided in the Crystal City Code, section ___, apply to a
PD as deemed appropriate by the city.
515.17. Transit Oriented Development Overlay District. Reserved.
515.19. Permitted Principal Uses.
Subd. 1. General Provisions. Table ____ lists the principal uses allowed within all zoning
districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be
controlled by the underlying base zoning district.
Subd. 2. Explanation of Table of Permitted Uses.
(a) Organization of Table. Table _____organizes the uses by use categories and use types.
i) Use Categories.
The use categories provide a systematic basis for assigning present and future land
uses into broad general classifications (e.g., household living, commercial, etc.).
The use classifications then organize land uses and activities into specific “use
types” based on common functional, product, or physical characteristics, such as
the type and amount of activity, the type of customers or residents, how goods or
services are sold or delivered, and site conditions.
ii) Use Types.
The use categories are divided into specific use types. The use types identify the
specific uses that are considered to fall within characteristics identified in the
broader use category. For example, single-family or two-family are some of the
specific use types that fall under the “household living” use category.
(b) Symbols in Table. The symbols used in ______ are defined as follows:
i) Permitted Uses (P)
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A “P” in a cell indicates that a use type is allowed by-right in the respective zoning
district subject to compliance with the use-specific standards set forth in the final
“use-specific standards” column of ______. Permitted uses are subject to all other
applicable standards of this UDC.
ii) Conditional Uses (C)
A “C” in a cell indicates that a use type is allowed as a conditional use in the
respective zoning district subject to compliance with the use-specific standards set
forth in the final “use-specific standards” column of ______ and approval of a
conditional use permit in accordance with _____ Conditional Use Permit are
subject to all other applicable standards of this UDC.
iii) Prohibited Uses
A cell with a “--" indicates that the listed use type is prohibited in the respective
zoning district.
iv) Use-Specific Standards
The “use-specific standards” column of ______ cross-reference standards that are
specific to an individual use type and are applicable to that use in all districts unless
otherwise stated in the use-specific standards.
v) Unlisted Uses
If an application is submitted for a use that is not listed in _____, the zoning
administrator is authorized to classify the new or unlisted use, with consultation
from appropriate city departments, into an existing use type that most closely fits
the new or unlisted use. If no similar use determination can be made, the zoning
administrator shall refer the use to the planning commission, who may initiate an
amendment to the text of this UDC to clarify where and how the use should be
permitted.
Table _______: Permitted Principal Uses
Use Category and Use Type
P = Permitted Use
C = Conditional Use
- = Not Permitted
Base Zoning Districts
Use-Specific
Standards in
Section:
R -1
R -2
R -3
C
I AP
Residential Use Category
Bed and Breakfast Establishments C C C - - -
Dwellings, One-Family, Attached - P P - - -
Dwelling, One-Family, Detached P P - - - -
Dwellings, Multi-Family - P P - - -
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Dwellings, Two-Family P P P - - -
Group Living Use Category
Specialized Care Facilities C C P P - -
State Licensed Residential Facility P P P - - -
Commercial Use Category
Airport Facilities - - - - - P
Amusement Centers - - - P - -
Animal Hospital/Veterinary Clinics
[1]
- - - P P -
Banks or Financial Institutions - - - P - -
Banquet Halls - - - P P -
Bars or Taverns - - - P - -
Brewer Taprooms or Brewpubs - - - P P - Section 1200
Club or Lodge - - - P P -
Commercial Truck Storage or
Parking
- - - P P -
Convenience Stores - - - P - -
Day Care Facilities - - - P - -
Day Care Facilities, Group Family P P P - - -
Funeral Homes - - - P - -
Greenhouses, Garden and
Landscaping Sales and Service
- - - P P -
Hotel, Motel, Extended Stay
Establishments
- - - P P -
Kennels, Commercial [1] - - - P P -
Offices, Professional - C C P P P
Parking Ramps or Lots - - - P P P
Personal Services [2] - C C P P
Restaurants or Eating
Establishments [3]
- C C P P -
Retail Establishments - C C P P -
Theater, Indoor - - - P - -
Vehicle Repair - - - P P -
Vehicle, Boat or Recreational Sales
or Rental
- - - P P -
Vehicle Fuel Sales - - - P - -
Vehicle Wash or Detailing - - - P P -
Industrial, Manufacturing, Research and Wholesale Use Category
Building Materials Sales - - - - P -
Bulk Storage of Liquids - - - P P P
Industrial Uses (Indoors) - - - P P -
Industrial Uses with Outdoor
Storage of Parts, Products, or Fuels
- - - C P -
Self Storage Facilities - - - P P -
Warehouse - - - P P P
Vehicle Impound Lot - - - - C -
Public Facilities, Telecommunication and Utilities Use Category
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Essential Services P P P P P P
Public utility buildings C C C C C P
Telecommunications Towers C C C C C P
Public, Institutional and Recreational Use Category
Cemeteries C C C - - -
Hospitals - C C P P -
Private Recreational Facilities,
Indoor
C C C P P -
Private Recreational Facilities,
Outdoor
- - - C C -
Public Parks and Playgrounds P P P - - -
Public or Semi-Public Buildings C C C C C -
Religious Institutions C C C C C -
Schools, Elementary or Secondary C C C C C -
Schools, Nursery or Preschool C C C C C -
Schools, Trade or Business - C C P P -
Notes:
1. Outdoor facilities may be permitted with a conditional use permit
2. A plant may be allowed as part of a dry cleaning establishment with a conditional use permit
3. On-sale liquor, wine, or beer may be allowed to a greater extent than the permitted use with a conditional use permit.
515.19. Use-Specific Standards for Principal Uses.
Subd. 1. Purpose and Applicability.
(a) This section provides site planning, development and/or operating standards for certain
land uses that are permitted or conditionally permitted in Table _____.
(b) The land uses and activities covered by this section shall comply with the applicable
standards for the specific use in all districts unless otherwise specified, in addition to
all other applicable provisions of this UDC.
Subd. 2. Residential Use Category.
(a) Bed and Breakfast Establishments. Bed and breakfast establishments are subject to the
following standards:
i) The owner shall reside on the property;
ii) The property abuts and the building faces an arterial or major collector street;
iii) The establishment shall comply with the city’s liquor license regulations in chapter
7 of the city code, as well as state health and building codes;
iv) Signage is limited to 1 sign that indicates the name of and contact information for
the bed and breakfast establishment but no other material. There may be 1 such sign
not to exceed 4 square feet in area, not to exceed 5 feet in height if free standing,
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and not to be lighted unless the lighting will not negatively impact adjacent
properties;
Screening and/or buffering requirements will be proposed in that section of the
UDC. [Not sure what level this should be]
v) No external vending machines shall be allowed.
(b) One-Family Attached Dwellings. Collective maintenance of building exteriors,
driveways, landscaping, and common areas for one-family attached dwellings is
required.
(c) One-Family Detached Dwellings. In the R-1 district, a second kitchen is allowed within
a one-family detached dwelling, if there is interior and unfettered access from all parts
of the dwelling to both kitchens and the property is not addressed or in any other way
configured or represented as a two family dwelling.
(d) Dwellings, Multiple-Family. Multiple-family dwellings are subject to the following
standards:
i) Buildings shall be oriented so that a primary entrance faces the street from which
the building is addressed.
Subd. 4. Group Living Use Category.
(a) Specialized Care Facilities. Specialized care facilities are subject to the following
standards:
i) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
ii) Drive-thru facilities are specifically prohibited.
Subd. 5. Commercial Use Category.
(a) Airport Facilities. Airport facilities are subject to the following standards:
i) Adequate controls, such as fencing, shall be provided to prevent unauthorized
access onto airport property.
ii) Buildings and uses shall be subordinate to the operation of the Crystal Airport.
iii) Buildings or structures shall comply with all federal and state statutes, regulations,
rules, laws, restrictions, guidance and directives and Metropolitan Airports
Commission rules and regulations concerning aeronautical safety and operation
within the Crystal Airport and runway protection zones.
iv) Outdoor storage shall be fully screened from any abutting property or public right-
of-way.
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(b) Animal Hospitals/Veterinary Clinics. Outdoor facilities, such as dog kennels or runs,
are allowed with a conditional use permit and are subject to the following standards:
i) Such use shall be incidental to the animal hospital use and used for the short time
boarding of animals.
ii) The applicant has demonstrated that the outdoor facility will not negatively impact
neighboring properties through the use of screening or buffering.
(c) Commercial Truck Storage or Parking. Commercial truck storage or parking is subject
to the following standards:
i) The storage or parking area is hard surfaced, clearly designated on the site as being
limited to the specific, approved area, and meets the requirements of section
_______ for parking lot design.
ii) The storage or parking area does not exceed 30% of the gross floor area of the
principal use, 20% of the area of the property, or 2,000 square feet, whichever is
less.
iii) Screening and/or buffering requirements will be proposed in that section of the
UDC.
(d) Day Care Facilities. Picking up and dropping off of children shall not create unsafe
conditions. Loading and unloading of children from vehicles shall only be allowed in
the driveway or in an approved parking area.
(e) Hotels, Motels, or Extended Stay Establishments. The property abuts at least one of the
following street segments:
i) Lakeland Avenue between the Canadian Pacific Railroad and 58th Avenue North
ii) West Broadway between Corvallis Avenue and 56th Avenue North.
(f) Kennels, Commercial. Outdoor facilities, such as dog kennels or runs, are allowed with
a conditional use permit provided that such use shall be for the short time boarding of
animals.
(g) Offices, Professional. Within the Industrial district, professional offices are limited to
50% of the gross floor area of the principal use.
(h) Restaurants or Eating Establishments. On-sale liquor, wine or beer is allowed, but shall
occupy no more than 30% of the total floor area of the establishment or comprise more
than 30% of its gross sales. This limit may be exceeded with a conditional use permit
provided that:
i) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility; and
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ii) The city council finds that there will be adequate access control, fencing, screening
and buffering between the establishment and adjacent uses; and
(i) Retail Establishments. Incidental repair is allowed for a retail establishment, but cannot
exceed 30% of the gross floor area.
i) Within the Industrial district, retail establishments are limited to 50% of the gross
floor area of the principal use.
(j) Vehicle Repair. Vehicle repair is subject to the following standards:
i) The property abuts at least 1 of the following street segments:
a) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad
and 56th Avenue North.
b) West Broadway between Corvallis Avenue and 56th Avenue North.
c) Winnetka Avenue between 36th Avenue North and a point 660 feet north of
36th Avenue North.
(k) Vehicle, Boat, or Recreational Sales or Rental. Vehicle, boat, or recreational sales or
rental is subject to the following standards:
i) The property abuts at least 1 of the following street segments:
a) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad
and 56th Avenue North.
b) West Broadway between Corvallis Avenue and 56th Avenue North.
c) Winnetka Avenue between 36th Avenue North and a point 660 feet north of
36th Avenue North.
ii) There is no outdoor parking or storage of inoperable, unlicensed, abandoned or junk
vehicles.
iii) No vehicle or equipment shall exceed 32 feet in length.
(l) Vehicle Fuel Sales. Vehicle fuel sales are subject to the following standards:
i) The property abuts at least 1 of the following street segments:
a) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th
Avenue North.
b) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad
and 56th Avenue North.
c) West Broadway between Corvallis Avenue and 56th Avenue North.
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d) Winnetka Avenue between 36th Avenue North and a point 660 feet north of
36th Avenue North.
e) 36th Avenue North between Highway 100 and a point 357 feet west of the
centerline of Regent Avenue North.
ii) Sufficient vehicular stacking space is provided on-site to minimize the blocking of
traffic in the public right-of-way.
iii) If the property is adjacent to one or two residential family dwellings, the vehicle
fuel sales businesses shall be closed between the hours of midnight and 5 a.m.
(m) Vehicle Wash or Detailing. Vehicle wash or detailing establishments are subject to the
following standards:
i) The property abuts at least one of the following street segments:
a) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th
Avenue North.
b) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad
and 56th Avenue North.
c) West Broadway between Corvallis Avenue and 56th Avenue North.
d) Winnetka Avenue between 36th Avenue North and a point 660 feet north of
36th Avenue North.
e) 36th Avenue North between Highway 100 and a point 357 feet west of the
centerline of Regent Avenue North.
ii) Sufficient vehicular stacking space is provided on-site to minimize the blocking of
traffic in the public right-of-way.
Subd. 6. Industrial, Manufacturing, Research and Wholesale Use Category.
(a) Bulk Storage of Liquids. If the storage is within 300 feet of a residential district, such
storage shall not exceed 25,000 gallons.
(b) Vehicle Impound Lot. Vehicle impound lots are subject to the following standards:
i) The use does not include non-impound purposes, such as seasonal storage; and
ii) The impound lot is located on a property that abuts the right of way of an active
freight railroad; and
iii) The impound lot is located on a property that does not abut the right of way of any
collector or arterial street or any frontage road adjacent to a collector or arterial
street; and
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iv) The impound lot is located on a property that does not abut any property zoned or
used for residential purposes; and
v) The impound lot is located on a property with an area of at least 1 acre; and
vi) The portion of the property occupied by the impound lot does not exceed 1 acre;
and
vii) Vehicles shall only be parked on a designated hard surfaced area that meets the
requirements of section _______ for parking lot design. Vehicles shall not be
parked in landscaped areas, adjacent property, or the public right-of-way.
Subd. 7. Public Facilities, Telecommunications and Utilities Use Category.
(a) Public Utility Buildings. Equipment and materials are completely enclosed in a
permanent building with no outside storage, unless in compliance the screening and/or
buffering requirements of section ____.
(b) Telecommunications Towers.
i) Findings. The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 ("the Act") grants the Federal Communications
Commission (FCC) exclusive jurisdiction over the regulation of the environmental
effects of radio frequency emissions from telecommunications facilities and the
regulation of radio signal interference among users of the radio frequency spectrum.
By this section, the city intends to exercise the full scope of its authority under the
Act and under state law regarding the regulation of towers and telecommunications
facilities in the city. Consistent with the Act, the regulation of towers and
telecommunications facilities in the city will not have the effect of prohibiting any
person from providing wireless telecommunications services.
ii) Purpose. The general purpose of this subsection is to regulate the placement,
construction and modification of telecommunication towers and facilities in order
to protect the health, safety and welfare of the public, while not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in the city.
Specifically, the purposes of this subsection are:
a) To regulate the location of telecommunication towers and facilities.
b) To protect residential areas and land uses from potential adverse impacts of
telecommunication towers and facilities.
c) To minimize adverse visual impacts of telecommunication towers and facilities
through design, siting, landscaping, and innovative camouflaging techniques.
d) To promote and encourage shared use and co-location of telecommunication
towers and antenna support structures.
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e) To avoid potential damage to properties caused by telecommunication towers
and facilities by ensuring that those structures are soundly and carefully
designed, constructed, modified, maintained and promptly removed when no
longer used or when determined to be structurally unsound.
f) To ensure that telecommunication towers and facilities are compatible with
surrounding land uses.
g) To facilitate the provision of wireless telecommunications services to the
residents and businesses of the city in an orderly fashion.
(c) Definitions. Note: these definitions were moved to section 515.03.
(d) Development of Towers.
(e) Permitted Use at Certain Locations in the I District. A tower is a permitted use in the I
district, provided that the site also meets one of the following additional location
criteria:
i) It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue,
32nd Avenue or Nevada Avenue; or
ii) It is located within the area bounded by Corvallis Avenue, West Broadway,
Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard.
(f) Conditional Use at Certain Locations in the C District. A tower is a conditional use in
the C general commercial district, provided that the site is located within the area
bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and
Lakeland Avenue/Bottineau Boulevard.
(g) Towers Prohibited Elsewhere; Relief Provision. Towers are prohibited in the city
except as authorized by subsection 4 a) and b). Notwithstanding this prohibition, the
city council may approve a tower as a conditional use in any other zoning district which
reasonably addresses an identified significant gap subject to the following
requirements:
i) The provider has submitted the information required by subsection 4 f) of this
section.
ii) The city council makes a finding that the provider has demonstrated by clear and
convincing evidence that there is a significant gap in the provider’s service, and:
a) There is no co-location option that would reasonably address the demonstrated
significant gap in the provider’s service; or
b) There is no other alternative tower site authorized under subsection 4 a) or 4 b)
of this section that would reasonably address the demonstrated significant gap
in the provider’s service.
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iii) In approving a tower on the site which reasonably addresses the identified
significant gap, the city council shall consider the purposes of tower regulation
stated in subdivision 2 of this section and the requirements of the Act as stated in
subdivision 1 of this section.
iv) In considering an application where the provider has shown the existence of a
significant gap, the city council shall only authorize a tower if the city makes a
finding that such a location is necessary for the city to achieve compliance with the
requirements of the Act.
v) The city council makes a finding that the design of the tower, including factors such
as shape, materials, and finishes, adequately uses stealth techniques to minimize its
impact on the character of the surrounding area.
vi) The site must comply with the following minimum area requirements:
a) If zoned commercial or industrial then the site shall contain no less than 2 acres.
b) If zoned residential then the site shall contain no less than 5 acres.
c) Notwithstanding i) and ii) above, regardless of zoning, if the principal use on
the site is a city building, county building, school, or church, then the site shall
contain no less than 3 acres.
d) For the purposes of determining site area for this particular provision,
contiguous lots owned by the same entity shall be considered a single site.
vii) No tower shall be located within 660 feet (1/8 mile) of another tower.
viii) No tower shall be located on a lot having as its principal use a a single family or
two family dwelling.
ix) No part of the tower shall be located within 165 feet (1/32 mile) of any single family
or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line.
This provision shall not prohibit the subsequent expansion of a dwelling which
reduces the distance from a tower to the dwelling, even if such expansion causes
the tower to become non-conforming to the setback requirement.
x) The height of the tower shall not exceed 100 feet, or 50% of the distance from any
part of the tower to the nearest lot line of an adjacent property having a single family
or two family dwelling, whichever is less.
xi) The city may authorize the use of city property, including use of its right-of-way
pursuant to section 802 of the city code, in accordance with the procedures and
subject to the restrictions of this Code.
xii) Unless the applicant presents clear and convincing evidence to the city council that
co-location at the identified site is not structurally or technically feasible, a new
tower may not be built, constructed or erected in the city unless the tower is capable
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of supporting at least 1 telecommunications facility comparable in weight, size and
surface area to the one located on the tower by the applicant.
xiii) An application to develop a tower shall include:
a) The names, addresses and telephone numbers of all owners of other towers or
antenna support structures within a half mile radius of the proposed new tower
site.
b) Written documentation that the applicant has made diligent but unsuccessful
efforts for permission to install or co-locate the applicant's telecommunications
facilities on towers or antenna support structures within a half mile radius of
the proposed new tower site.
c) Written, technical evidence from an engineer that the proposed tower or
telecommunications facilities cannot be installed or co-located on another
person's tower or antenna support structure located within a half mile radius of
the proposed tower site and must be located at the proposed site in order to meet
the coverage requirements of the applicant's wireless communications system.
d) A written statement from an engineer that the construction and placement of the
tower will not interfere with public safety communications and the usual and
customary transmission or reception of radio, television, or other
communications service enjoyed by adjacent residential and non-residential
properties.
e) Written evidence from an engineer that the proposed structure meets the
structural requirements of this UDC.
f) Written information demonstrating the need for the tower at the proposed site
in light of the existing and proposed wireless telecommunications network(s)
to be operated by persons intending to place telecommunications facilities on
the tower.
(h) Setbacks.
i) A tower must be located on a single parcel having a dimension equal to the height
of the tower, as measured between the base of the tower located nearest the property
line and the actual property line, unless a qualified engineer specifies in writing that
the collapse of the tower will occur within a lesser distance under reasonably
foreseeable circumstances.
ii) Setback requirements for towers are measured from the base of the tower to the
property line of the parcel on which it is located.
iii) Towers may not be located between a principal structure and a public street, with
the following exceptions:
a) In the I district, towers may be placed within a side yard abutting an internal
industrial street.
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b) On sites adjacent to public streets on all sides, towers may be placed within a
side yard abutting a local street.
c) This requirement does not apply to towers that are a conditional use in all
zoning districts in accordance with subsection 4 c) of this section.
(i) Structural Requirements. Towers must be designed and certified by an engineer to be
structurally sound and, at minimum, in conformance with the international building
code and any other standards set forth in this subsection.
(j) Height. A tower may not exceed 165 feet in height if approved under subsections 4 a)
or 4 b) of this section. A tower may not exceed 100 feet in height if approved under
subsection 4 c) of this section.
(k) Separation or Buffer Requirements. Towers must be separated from all residentially
zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower,
whichever is greater. The minimum tower separation distance shall be calculated and
applied irrespective of city jurisdictional boundaries. Measurement of tower separation
distances for the purpose of compliance with this subsection shall be measured from
the base of a tower to the closest point of the proposed site. This requirement does not
apply to towers that are a conditional use in all zoning districts in accordance with
subsection 4 c) of this section.
(l) Method of Determining Tower Height. Measurement of tower height must include the
tower structure itself, the base pad, and any other telecommunications facilities
attached thereto. Tower height is measured from grade.
(m) Illumination. Towers may not be artificially lighted except as required by the Federal
Aviation Administration (FAA). At time of construction of a tower, in cases where
there are residential uses located within a distance from the tower which is 3 times the
height of the tower, dual mode lighting must be requested from the FAA.
Notwithstanding this provision, the city may approve the placement of an antenna on
an existing or proposed lighting standard, provided that the antenna is integrated with
the lighting standard.
(n) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior
finish as approved by the city council.
(o) Fencing. Fences constructed around or upon parcels containing towers, antenna support
structures, or telecommunications facilities must be constructed in accordance with the
applicable fencing requirements in the zoning district where it is located, unless more
stringent fencing requirements are required by FCC regulations.
(p) Landscaping. Landscaping on parcels containing towers, antenna support structures or
telecommunications facilities must be in accordance with the landscaping requirements
of this UDC and as shown on the approved site plan. Utility buildings and structures
accessory to a tower must be architecturally designed to blend in with the surrounding
environment and to meet such setback requirements as are compatible with the actual
placement of the tower. Ground mounted equipment must be screened from view by
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suitable vegetation, except where a design of non -vegetative screening better reflects
and complements the character of the surrounding neighborhood. Accessory buildings
may not be more than 2,000 square feet in size.
(q) Security. Towers must be reasonably posted and secured to protect against trespass.
(r) Access. Parcels upon which towers are located must provide access during normal
business hours to at least 1 paved vehicular parking space on site.
(s) Stealth. To the extent reasonably practical, towers must be of stealth design.
(t) Other Telecommunications Facilities. Telecommunications facilities not attached to a
tower may be permitted as an accessory use to any antenna support structure at least 50
feet and no more than 100 feet in height regardless of the zoning restrictions applicable.
The owner of such structure must, by written certification to the building official,
establish the following facts at the time plans are submitted for a building permit:
i) That the height from grade of the telecommunications facilities and antennae
support structure does not exceed the maximum height from grade of permitted
structures by more than 20 feet.
ii) That the antenna support structure and telecommunications facilities comply with
the building code.
iii) That any telecommunications facilities and their appurtenances, located above the
primary roof of an antenna support structure, are set back 1 foot from the edge of
the primary roof for each 1 foot in height above the primary roof of the antenna
support structure. This setback requirement does not apply to antennas that are
mounted to the exterior of antenna support structures below the primary roof and
do not protrude more than 6 inches from the side of the antenna support structure.
Screened telecommunications facilities and their appurtenances are exempt from
setback requirements.
(u) Existing Towers.
i) An existing tower may be modified or demolished and rebuilt to accommodate co-
location of additional telecommunications facilities as follows:
a) Application for an appropriate city permit shall be made to the city council.
b) The total height of the modified tower and telecommunications facilities
attached thereto shall not exceed the maximum height for towers allowed under
this subsection.
ii) A tower that is being rebuilt to accommodate the co-location of additional
telecommunications facilities may be relocated on the same parcel subject to the
setback requirements of this subsection. However, if it is impossible for the tower
to be rebuilt in compliance with the setback requirements of this subsection, such
setback requirement shall be waived to allow the tower to be rebuilt in its exact
previous location.
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(v) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers
and associated above-ground facilities must be removed within 6 months of the
cessation of operations of an antenna facility at the site unless an extension is approved
by the zoning administrator. A copy of the relevant portions of a signed lease that
requires the applicant to remove the tower and associated facilities upon cessation of
operations at the site shall be submitted at the time of application. If a tower is not
removed within 6 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 pursuant to section 635 of city code.
(w) Additional Criteria for Variances for Towers. The city council may grant a variance
pursuant to section ____ if the applicant also demonstrates all of the following with
written or other satisfactory evidence:
i) The location, shape, appearance or nature of use of the proposed tower will neither
substantially detract from the aesthetics of the area nor change the character of the
neighborhood in which the tower is proposed to be located.
ii) The variance will not create any threat to the public health, safety or welfare.
iii) In the case of a requested modification to the setback requirement, that the size of
parcel upon which the tower is proposed to be located makes compliance
impossible, and the only alternative for the applicant is to locate the tower at another
site that poses a greater threat to the public health, safety or welfare or is closer in
proximity to lands used for residential purposes.
iv) In the case of a request for modification to the separation requirements of
subsection 515.21, subdivision 4 i), that the proposed site is zoned I and the
proposed site is at least double the minimum standard for separation from lands
used for residential purposes.
v) In the case of a request for modification of the separation requirements, if the person
provides written technical evidence from an engineer that the proposed tower and
telecommunications facilities must be located at the proposed site in order to close
a significant gap within the city in coverage of the provider and if the person agrees
to create approved landscaping and other buffers to screen the tower from being
visible to the residential area.
vi) In the case of a request for modification of the maximum height limit, that the
modification is necessary to (1) facilitate co-location of telecommunications
facilities in order to avoid construction of a new tower; or (2) to meet the coverage
requirements of the applicant's wireless communications system, which
requirements must be documented with written, technical evidence from an
engineer.
(x) Maintenance. Towers must be maintained in accordance with the following provisions:
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i) Tower owners must employ ordinary and reasonable care in construction and use
commonly accepted methods and devices for preventing failures and accidents that
are likely to cause damage, injuries, or nuisances to the public.
ii) Tower owners must install and maintain towers, telecommunications facilities,
wires, cables, fixtures and other equipment in compliance with the requirements of
the national electric safety code and all federal communications commission, state
and local regulations, and in such a manner that they will not interfere with the use
of other property.
iii) Towers, telecommunications facilities and antenna support structures must be kept
and maintained in good condition, order, and repair.
iv) Maintenance or construction on a tower, telecommunications facilities or antenna
support structure must be performed by qualified maintenance and construction
personnel.
v) Towers must comply with radio frequency emissions standards of the federal
communications commission.
vi) In the event the use of a tower is discontinued by the tower owner, the tower owners
must provide written notice to the city of its intent to discontinue use and the date
when the use will be discontinued.
(y) Additional Requirements.
i) Inspections. The city may conduct inspections at any time, upon reasonable notice
to the property owner and the tower owner to inspect the tower for the purpose of
determining if it complies with the Uniform Building Code and other construction
standards provided by the city code, federal and state law. The expense related to
such inspections will be borne by the property owner. Based upon the results of an
inspection, the building official may require repair or removal of a tower.
ii) Excavation and Monitoring. The owner of a telecommunications facility shall
provide the city with current, technical evidence of compliance with FCC radiation
emission requirements, annually or more frequently at the city’s reasonable request.
If the owner does not promptly provide the city with satisfactory technical evidence
of FCC compliance, the city may carry out tests to ensure FCC radiation
compliance using a qualified expert. The owner shall reimburse the city for its
reasonable costs in carrying out such compliance testing.
Subd. 8 Public, Institutional and Recreational Use Category.
(a) Hospitals. Hospitals are subject to the following standard:
i) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
(b) Drive-thru facilities. Drive-thru facilities are expressly prohibited.
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(c) Public or Semi-Public Buildings.
i) Side setbacks shall be double that required for the district, except that this
requirement does not apply in the C or I zoning districts.
ii) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
(d) Religious Institutions. Religious institutions are subject to the following standards:
i) Side setbacks shall be double that required for the district.
ii) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
(e) Schools, Elementary or Secondary. Elementary or secondary schools are subject to the
following standards:
i) Side setbacks shall be double that required for the district.
ii) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
(f) Schools, Nursery or Preschool.
i) Side setbacks shall be double that required for the district.
ii) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility.
(g) Schools, Trade or Business. The facility is served by arterial, collector or municipal
state aid streets and such pedestrian facilities as are necessary to accommodate the
traffic generated by the facility.
515.21. Permitted Accessory Uses and Structures.
Subd. 1. Purpose. This section authorizes accessory uses and structures that are incidental
and customarily subordinate to principal uses. The intent of this section is to allow accessory uses
while not creating adverse impacts on surrounding lands.
Subd. 2. General Provisions.
(a) Table ____ lists the accessory uses allowed within all zoning districts except for the
overlay zoning districts. The uses permitted in the overlay districts shall be controlled
by the underlying base zoning district.
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(b) Small accessory uses such as arbors, benches, doghouses, play sets, garden decorations,
pergolas, and firewood cribs are exempt from the provisions of this section, but cannot
be located in public rights-of-way.
(c) Tents, play houses, or similar structures shall not be used as temporary or permanent
dwelling units, but may be used for recreational purposes.
(d) Any building used for the parking or storage of motor vehicles, such as a garage or
carport, shall have a floor constructed of poured concrete in accordance with standards
approved by the city engineer and building official.
(e) Accessory structures shall only be constructed concurrent with or after the construction
of the principal building on the same site.
(f) Uses and structures that are accessory to a conditional principal use shall be permitted
in accordance with this section, without requiring a conditional use permit amendment,
unless specifically required as a condition of the conditional use permit approval.
Subd. 3. Explanation of Table of Permitted Uses.
(a) Symbols in Table. The symbols used in ______ are defined as follows:
i) Permitted Uses (P)
A “P” in a cell indicates that a use type is allowed by-right in the respective zoning
district subject to compliance with the use-specific standards set forth in the final
“use-specific standards” column of ______. Permitted uses are subject to all other
applicable standards of this UDC.
ii) Conditional Uses (C)
A “C” in a cell indicates that a use type is allowed as a conditional use in the
respective zoning district subject to compliance with the use-specific standards set
forth in the final “use-specific standards” column of ______ and approval of a
conditional use permit in accordance with _____ Conditional Use Permit are
subject to all other applicable standards of this UDC.
iii) Prohibited Uses
A cell with a “--" indicates that the listed use type is prohibited in the respective
zoning district.
iv) Use-Specific Standards
The “use-specific standards” column of ______ cross-reference standards that are
specific to an individual use type and are applicable to that use in all districts unless
otherwise stated in the use-specific standards.
v) Unlisted Uses
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If an application is submitted for a use that is not listed in _____, the zoning
administrator is authorized to classify the new or unlisted use, with consultation
from appropriate city departments, into an existing use type that most closely fits
the new or unlisted use. If no similar use determination can be made, the zoning
administrator shall refer the use to the planning commission, who may initiate an
amendment to the text of this UDC to clarify where and how the use should be
permitted.
Table_______: Permitted Accessory Uses and Structures
Use Category and Use Type
P = Permitted Use
C = Conditional Use
- = Not Permitted
Base Zoning Districts
Use-Specific
Standards in
Section:
R -1
R -2
R -3
C
I AP
Accessory Uses
Assembly or gathering space - - - P P -
Commercial truck storage or parking - - - P P -
Day Care Facilities, In home P P P - - -
Drive-through facilities - - - C - -
Home Businesses P P P - - -
Keeping of Chickens P P - - - - 910.05, Subd. 4a
Kennels, Commercial [1] P - - - - -
Kennels, Private P P P - - -
Accessory Structures
Accessibility ramps P P P P P P
Amateur radio towers P P P - - P
Carports P P - - - -
Clothesline poles P P - - - -
Commercial storage buildings - - - C P P
Fences and walls P P P P P P
Flagpoles P P P P P P
Fuel pumps, private use [2] - - - P P P
Garages, attached or detached P P P P P P
Gazebos P P P - - -
Noncommercial greenhouses P P - - - -
Off-street parking and loading [3] P P P P P P
Patios, decks, and porches P P P P - -
Sheds P P P P P P
Sidewalks P P P P P P
Signs, Permanent P P P P P P
Solar energy systems P P P P P P
Swimming pools, hot tubs, and spas P P P P - -
Television and radio antennae P P P P P P
Tennis and other recreational courts P P P - - -
Treehouses P P - - - -
Workshops P P - - - -
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515.23. Standards for Specific Accessory Uses and Structures.
Subd. 1. Purpose and Applicability.
(a) This section provides site planning and/or operating standards for certain land that
permitted or conditionally permitted in Table _____.
(b) The land uses and activities covered by this section shall comply with the applicable
standards for the specific use in all districts unless otherwise specified, in addition to
all other applicable provisions of this UDC.
Subd. 2. Accessory Uses.
(a) Assembly or gathering space. Adequate parking shall be provided for both the
assembly or gathering space and the principal use on the property.
(b) Commercial truct storage or parking. Commercial truck storage or parking is subject
to the following standards:
i) The storage or parking area is hard-surfaced, clearly designated on the site as being
limited to the specific, approved area, and meets the requirements as provided in
the Crystal City Code, section _____ for parking lot design.
ii) The storage or parking area does not exceed 30% of the gross floor area of the
principal use, 20% of the area of the property, or 2,000 square feet, whichever is
less.
(a) Clothesline Poles. – Clothesline poles shall only be permitted in the rear yard.
(b) Garages and Carports, Detached. Detached garages and carports are subject to the
following standards:
i) For one and two family dwellings, the cumulative area of all detached accessory
buildings on the property shall not exceed the finished floor area of the residential
portion of the principal building,
ii) For multiple family dwellings, detached garages shall be designed to meet the
minimum number of required parking spaces and required setbacks. To the extent
practicable, garages shall be located to the side or rear of the building.
iii) Garages shall not be constructed of the following materials: fabric, canvas, concrete
block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood,
particle board, or similar materials.
Note:
1. In the R-1 district, commercial kennels are only allowed at single-family homes, and this use is limited to raising, selling, boarding, breeding,
or grooming of dogs or other animals.
2. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor busines s, only uses
the fuel pumps for its vehicles and equipment, and does not allow them to be used by the general pub lic. For the purposes of this UDC, private
fuel pumps do not include those fuel pumps in use by a vehicle fuel sales business as allowed in Table ____.
3. Loading spaces are not allowed in residential districts
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iv) Note: Staff is considering whether or not to require that items stored in a carport
shall be screened from view. More information about this issue is forthcoming.
(c) Gazebos. Gazebos are subject to the following standards:
i) The cumulative area of all detached accessory buildings on the property shall
not exceed the finished floor area of the residential portion of the principal
building.
ii) Gazebos shall not be constructed of the following materials: fabric, canvas,
concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal,
exposed plywood, particle board, or similar materials.
(d) Home businesses. Home businesses are subject to the following standards:
i) No home business shall be permitted which results in or generates more traffic than
two customer cars at any one given point in time.
ii) The home business may employ up to two employees who do not reside on the
premises.
iii) Home businesses shall not create nuisances as provided in the Crystal City Code,
section ____. Activities conducted and equipment or material used shall not change
the fire safety or occupancy classifications of the premises. The use shall not
employ the storage of explosive, flammable, or hazardous materials beyond those
normally associated with a residential use.
iv) Home businesses shall not operate between 10:00 p.m. and 6:00 a.m.
v) A home business may be located within the dwelling, an accessory building, or
both, provided that the total area of the home business is not greater than 50% of
the finished floor area of the dwelling.
vi) Such home business shall not require internal or external alterations or involve
construction features not customarily found in dwellings
vii) There shall be no exterior storage or display of equipment, goods or materials used
in the home business.
viii) One sign, not to exceed six square feet in area, may be placed on the premises. The
sign may identify the home business, resident name, address, website, and email
address or phone number, but may contain no other information. The sign may not
be illuminated and must be set back a minimum of 10 feet from a property line
abutting a public street. If the sign is freestanding, the total height may not exceed
5 feet.
(e) Kennels, Private. If a private kennel is operated as a home business, it shall adhere to
the requirements for
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(f) Noncommercial Greenhouses. Noncommercial greenhouses are subject to the
following standards:
i) Shall be located in the rear yard.
ii) Limited to one per property.
iii) The cumulative area of all detached accessory buildings on the property shall not
exceed the finished floor area of the residential portion of the principal building.
(g) Sheds. Sheds are subject to the following standards:
i) The cumulative area of all detached accessory buildings on the property shall not
exceed the finished floor area of the residential portion of the principal building,
ii) Sheds shall not be constructed of the following materials: fabric, canvas, concrete
block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood,
particle board, or similar materials.
(h) Sidewalks.
i) Sidewalks on private property for one and two family dwellings shall be no more
than four feet in width.
ii) Sidewalks open for use by the general public, such as for multiple family dwellings,
institutional, or commercial uses, shall comply with the width requirements of the
Americans with Disabilities Act.
(i) Swimming Pools, hot tubs and spas. In the Commercial zoning district, swimming
pools, hot tubs and spas are limited to use at hotels, motels, and extended stay
establishments and health clubs.
(j) Tennis and other recreational courts. Noncommercial outdoor tennis and other
recreational courts are subject to the following standards:
i) Court fencing shall comply with the requirements as provided in the Crystal City
Code, section ___.
ii) Court lighting shall not exceed a height of 20 feet, measured from the court surface.
The lighting shall be directed downward and shall only illuminate the court.
(k) Treehouses. Treehouses shall be attached exclusively to trees and used solely for
recreational purposes, shall not exceed 120 square feet in size, shall not be located less
than 10 feet from the front lot line, and shall consist only of earth-tone materials or
colors.
(l) Workshops. Workshops are subject to the following standards:
i) The footprint for an accessory structure intended as a workshop for artwork, crafts,
light hand manufacturing, or hobbies, shall not occupy an area larger than 25
percent of the finished floor area of the dwelling. If a workshop is combined with
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a detached garage or shed, it shall conform to the size and setback limitations for
those uses.
ii) Workshops shall not be constructed of the following materials: fabric, canvas,
concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed
plywood, particle board, or similar materials.
iii) If a workshop is operated as a home business, it shall adhere to the requirements
for home businesses.
Subd. 4. Commercial Use Category.
(a) Amateur Radio Towers. Amateur radio towers shall only be allowed in the rear yard and
made of unpainted metal or other visually unobtrusive material.
(b) Commercial Storage Buildings. Commercial storage buildings are subject to the
following standards:
i) The storage building is located on the same lot as the principal use.
ii) No detached accessory building shall be located closer to the street adjacent to the
front yard than the principal structure.
iii) The storage building does not exceed 30% of the gross floor area of the principal
use.
iv) Occupancy and use of the storage building is directly related to a permitted or
conditionally approved principal use and the same party has full control and use of
both the storage building and the principal use.
v) The architectural style is compatible with the principal building and surrounding
land uses. Exterior building design and materials shall comply with the provisions
as provided in the Crystal City Code, section ______.
vi) The use will not conflict with the character of development intended for the zoning
district.
(c) Drive-Through Facilities. Drive-through facilities are subject to the following
standards:
i) The establishment is served by arterial, collector or municipal state aid streets and
such pedestrian facilities as are necessary to accommodate the traffic generated by
the facility. The City Council may require the applicant to provide a traffic study
prepared by a professional engineer for the proposed use, and may base its findings
of fact on said study or other information related to potential traffic impacts on the
street system and adjacent land uses.
ii) Audible electronic devices such as loudspeakers, automobile service order devices,
and similar instruments shall not be located within 100 feet of any residential
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dwelling unit, and shall not be audible at levels greater than those established as
provided in the Crystal City Code, section _____.
iii) All drive-through areas, including but not limited to menu boards, stacking lanes,
trash receptacles, loudspeakers, drive up windows, and other objects associated
with the drive-through area shall be located in the side or rear yard of a property to
the maximum extent feasible, and shall not cross, interfere with, or impede any
public right-of-way.
iv) A fence or vegetative screen of six feet in height shall be installed and maintained
along any property line abutting a property used for residential purposes. Such
screen shall also lessen the negative impact of vehicle headlights on adjacent
properties.
(d) Kennels, Commercial.
i) In the R-1 zoning district, commercial kennels shall only be allowed at single-
family homes, and the use of the commercial kennel is limited to raising, selling,
boarding, breeding, and grooming of dogs or other animals.
ii) Commercial kennels shall adhere to the requirements for home businesses in
addition to the requirement kennels found as provided in the Crystal City Code,
section _____.
(e) Television and radio antennae. Television and radio antenna are subject to the
following standards:
i) Satellite dishes may not exceed 40 inches in diameter.
(f) Solar Energy Systems. Solar energy systems are subject to the following standards:
i) Visibility.
ii) Building-mounted solar energy systems shall be designed to be flush- mounted with
the roof when facing the public right-of-ways other than alleys.
iii) Building-integrated Photovoltaic Systems: Building-integrated photovoltaic
systems shall be allowed regardless of visibility, provided the building component
in which the system is integrated meets all required setback and land use standards
for the district in which the building is located.
iv) Feeder lines - Any electric lines accompanying a solar energy system, other than
those attached to on- site structures by leads, shall be buried within the subject
parcel.
v) Abandonment - A solar energy system that is allowed to remain in a nonfunctional
or inoperative state for a period of twelve (12) consecutive months, and which is
not brought in operation within the time specified by the city, shall be presumed
abandoned and shall constitute a public nuisance that may be removed by the City
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and the costs thereof certified as a special assessment against the owner of the
property on which the abandoned solar energy system was located.
515.25. Temporary Uses and Structures.
Subd. 1. Purpose. This section allows for the establishment of certain temporary uses and
structures of limited duration, provided that such uses or structures do not negatively affect
adjacent properties, and provided that such uses or activities are discontinued upon the expiration
of a set time period. Temporary uses and structures shall not involve the construction or alteration
of any permanent building or structure. The regulations of this section are not applicable to special
events that are otherwise subject to leases, permits, or other forms of permission that are duly
established between the special event organization and the City.
Subd. 2. General Provisions.
(a) Table ____ lists the temporary uses allowed within all zoning districts except for the
overlay zoning districts. The uses permitted in the overlay districts shall be controlled
by the underlying base zoning district.
(b) Explanation of Table Symbols for Permitted Uses.
i) Permitted Uses (P).
A “P” in a cell indicates that a use type is allowed by-right in the respective zoning
district subject to compliance with the use-specific standards set forth in the final
“use-specific standards” column of ______. Permitted uses are subject to all other
applicable standards of this UDC.
ii) Prohibited Uses.
A cell with a “--" indicates that the listed use type is prohibited in the respective
zoning district.
iii) Allowable Duration.
The “allowable duration per site” column states how long a specific temporary use
or structure is allowed.
iv) Permit Required.
The “permit required” column defines if the proposed temporary use or structure
requires approval of a zoning certificate or other permit.
v) Use-Specific Standards.
The “use-specific standards” column of ______ cross-reference standards that are
specific to an individual use type and are applicable to that use in all districts unless
otherwise stated in the use-specific standards.
vi) Unlisted Uses.
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If an application is submitted for a use that is not listed in _____, the zoning
administrator is authorized to classify the new or unlisted use, with consultation
from appropriate city departments, into an existing use type that most closely fits
the new or unlisted use. If no similar use determination can be made, the zoning
administrator shall refer the use to the planning commission, who may initiate an
amendment to the text of this UDC to clarify where and how the use should be
permitted.
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Table_______: Permitted Temporary Uses and Structures
Use Category and Use Type
P = Permitted Use
- = Not Permitted
Base Zoning Districts
R -1
R -2
R -3
C
I AP
Allowable Duration
(per site)
Permit
Required
Use-Specific
Standards in
Section:
Construction Dumpster
P P P P P
P Until issuance of a
certificate of
occupancy
No [1] Section 802
Garage/Yard Sales
P P P - -
- Maximum of three
consecutive days,
four times per year
per site
No
Outdoor dining [2]
P P P P P
P
180 days per site
Zoning
Certificate (Type
1 Review)
Outdoor sales [2]
- - - P P
-
180 days per site
Zoning
Certificate (Type
1 Review)
Portable Storage Container P P P P P P 60 days per site No [1] Section 802;
Section ___
Signs, Temporary P P P P P P Sign Permit
Notes:
1. An obstruction permit is required if the dumpster or portable storage container is located in the public right-of-way.
2. Outdoor seating for cafes or restaurants or outdoor sales areas for hardware stores may be permitted as a permanent
use with a conditional use permit.
515.27. Standards for Specific Temporary Uses and Structures.
Subd. 1. Purpose and Applicability.
(a) This section provides site planning and/or operating standards for certain land uses that
are permitted in Table _____.
(b) The land uses and activities covered by this section shall comply with the applicable
standards for the specific use in all districts unless otherwise specified, in addition to
all other applicable provisions of this UDC.
Subd. 2. Construction Dumpsters.
(a) If the dumpster is located in the public right-of-way, the dumpster shall comply with
the requirements of city code section 802.
(b) If the dumpster is located on private property, the dumpster shall be located to the side
or rear of the site, but away from principal buildings on adjacent properties, to the
extent practicable.
Subd. 3. Garage or Yard sales. Garage or yard sales are subject to the following standards:
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(a) Hours of operation for the garage or yard sale are limited to between 8:00 a.m. and 9:00
p.m.
(b) Garage or yard sale signs identifying the location and times of a sale may be placed on
the property at which the sale is to be conducted or on the property of others with their
consent. Such signs shall not exceed 4 square feet in area per side; shall not be placed
on or attached to any public property or utility pole; shall not be placed within the sight
triangle as required in section ______,; and must be removed within 24 hours of the
time stated on such sign for the conclusion of the sale.
Subd. 4. Outdoor Dining. Outdoor dining is subject to the following standards:
(a) Food Trucks.
i) Location.
a) Food trucks may operate on commercial or industrially zoned property. In
residential districts, food trucks may operate in public parks, school or religious
institution sites, or in conjunction with a special event.
b) Trucks shall be parked on hard surface and may not be parked in the public
right-of-way unless an obstruction permit has been issued by the city.
ii) Hours of operation.
a) Hours of operation for a food truck are limited to between 6 a.m. and 10:00 p.m
iii) Parking.
a) The applicant shall demonstrate that adequate off-street parking is provided for
patrons. If applicable, consideration shall be given to the parking needs of other
occupants on the same property.
b) The food truck may not reduce available off-street parking on a property below
the minimum required by this UDC.
iv) Consent.
a) The applicant for a food truck must provide written consent from the property
owner.
v) Audible Electronic Devices.
a) Audible electronic devices, such as loudspeakers, are not allowed.
vi) Outdoor Seating for Cafes or Restaurants.
a) An outdoor dining area may be allowed accessory and incidental to a restaurant
with indoor eating area on the same site provided that the outdoor eating area
shall comply with the parking requirements of Section ______.
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b) Outdoor dining areas shall be designated on a site plan submitted for the zoning
certificate application.
c) If no grade separation is provided between vehicular traffic and the outdoor
dining area, permanent railings or fencing shall be provided around the dining
area. If the outdoor dining area is adjacent to a sidewalk or other facility that is
closed to vehicular traffic, no railing or fencing shall be required.
d) Umbrellas, or other protective elements, that shelter diners from the elements
shall be secured so as not to create a hazard.
e) Enclosing an outdoor dining area either by a permanent roof or to expand the
existing structure shall meet all the requirements of a building within the
applicable zoning district.
Subd. 5. Outdoor Sales. Outdoor sales is subject to the following standards:
(a) Hardware Stores.
i) The service, sale, display or rental area is hard surfaced and clearly designated on
the site as being limited to the specific, approved area.
ii) The sales area does not exceed 40% of the gross floor area of the principal use
excluding basement storage areas, 20% of the area of the property, or 6,000 square
feet, whichever is less.
iii) Note: will provide requirements for screening and/or buffering in that section of the
UDC.
(b) Vehicle Fuel Sales. The sales and display of merchandise is limited to the walkway
adjacent to the building, but a minimum of five feet of the walkway shall be clear of
merchandise to allow for safe pedestrian movement.
(c) Tent or Sidewalk Sales on Private Property.
i) A minimum of five feet of the sidewalk shall be clear of merchandise to allow for
safe pedestrian movement.
ii) The property contains an area that will support the proposed temporary sale of
products without encroaching into or creating a negative impact on existing
vegetated areas, open space, landscaping, or traffic movements. Tents shall not be
located in the public right-of-way.
iii) The applicant shall demonstrate that adequate off-street parking is provided for
patrons. If applicable, consideration shall be given to the parking needs of other
occupants on the same property.
iv) Hours of operation for the sale are limited to between 8 a.m. and 9 p.m., with each
sale lasting no more than seven consecutive days. Each site is limited to no more
than three sales events per calendar year.
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Subd. 6. Seasonal Agricultural Sales.
(a) Location.
i) The property contains an area that will support the proposed temporary sale of
products without encroaching into or creating a negative impact on existing
vegetated areas, open space, landscaping, or traffic movements.
ii) The applicant shall demonstrate that adequate off-street parking is provided for the
duration of the sale. If applicable, consideration shall be given to the parking needs
of other occupants on the same property.
iii) The sale of goods shall not occur within the public right-of-way.
(b) Hours of Operation. The hours of operation of the seasonal sale of agricultural products
shall be between the hours of 7:30 a.m. and 9:00 p.m., or the same hours of operation
as the principal use on the same lot, whichever is more restrictive.
Sub. 7. Portable Storage Containers.
(a) If the container is located in the public right-of-way, the container shall comply with
the requirements of city code section 802.
(b) If the container is located on private property, the container shall be placed on a paved
surface.
515.29. Nonconformities.
Subd. 1. Purpose. In the provisions established by this UDC, there exist uses of land,
structures and lots of record, that were lawfully established before this UDC was adopted or
amended, that now do not conform to its terms and requirements. The purpose and intent of this
section is to regulate the continued existence of those uses, structures, and lots of record that do
not conform to the provisions of this UDC, or any amendments thereto.
Subd. 2 General Provisions.
(a) Authority to Continue. Any lawfully existing nonconformity including nonconforming
uses, structures, and lots of record may be continued so long as it remains otherwise
lawful.
(b) Determination of Nonconformity Status. The burden of establishing that a
nonconformity lawfully exists shall be on the owner of the land on which the purported
nonconformity is located.
(c) Ordinary Repair and Maintenance. Normal maintenance and incidental repair or
replacement, and installation or relocation of non-bearing walls, non-bearing partitions,
fixtures, wiring or plumbing, may be performed on any structure that is devoted in
whole or in part to a nonconforming use or structure.
Subd. 3. Nonconforming Uses.
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(a) Change in Use.
i) A nonconforming use of land or of a structure shall not be changed to any use other
than to a use permissible in the applicable zoning district.
ii) When such nonconforming use has been changed to a permissible use, it shall only
be thereafter used for a use permissible in the applicable zoning district.
iii) For purposes of this subsection, a use shall be deemed to have been changed when
an existing nonconforming use has been terminated and the permissible use has
commenced and continued for a period of at least one month.
(b) Extensions or Expansions.
i) Nonconforming uses shall not be extended, expanded, enlarged or increased in
intensity. Such prohibited activity shall include:
a) Extension of such use to any structure or land area other than that lawfully
occupied by such nonconforming use on the effective date of this UDC, or any
amendment to this UDC that causes such use to become nonconforming.
b) There shall be an exception related to expanding non-conforming habitable
space into previously unfinished portions of a single or two family dwelling,
extension of such use within a building or other structure to any portion of the
floor area that was not lawfully occupied by such nonconforming use on the
effective date of this UDC, or any amendment to this UDC that causes such use
to become nonconforming.
c) Operation of such nonconforming use in a manner that conflicts with, or to
further conflict with, this UDC or any amendments to this UDC, or any use
limitations established for the district in which such use is located.
d) New construction, reconstruction, or structural alteration.
ii) Relocation. No structure that is devoted in whole or in part to a nonconforming use
shall be relocated, in whole or in part, to any other location on the same or any other
lot, unless the entire structure and the use of the structure after its relocation
conform to all the regulations of the district in which the structure and use are
located after being so relocated.
iii) Abandonment or Discontinuance. When a nonconforming use of land or a
nonconforming use of part or all of a structure is discontinued or abandoned for a
period of 365 consecutive days (regardless of an intent not to abandon), such use
shall not thereafter be reestablished or resumed. Any subsequent use or occupancy
of such land or structure shall comply with the regulations of the district in which
such land or structure is located.
iv) Damage or Destruction. In the event that any non-conforming use is destroyed by
fire or other peril to the extent of greater than 50 percent of its estimated fair market
value as indicated in the records of the county assessor at the time of damage and
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no building permit has been applied for within 180 days of when the pro perty is
damaged, the non-conforming use may be continued, but the city may impose
reasonable conditions upon a zoning or building permit in order to mitigate any
newly created impact on an adjacent property or water body.
Subd. 4. Nonconforming Structures.
(a) Enlargement, Repair, Alterations. Any nonconforming structure may be enlarged,
maintained, repaired or altered provided, however, that no such enlargement,
maintenance, repair or alteration shall either create an additional nonconformity or
increase the degree of the existing nonconformity of all or any part of such structure.
(b) Damage or Destruction. In the event that any nonconforming structure is damaged or
destroyed, by any means, to the extent of more than 50 percent of the assessed fair
market value of such structure immediately prior to such damage, and no building
permit has been applied for within 180 days of when the structure is damaged, the non-
conforming structure may be required and/or reconstructed, but the city may impose
reasonable conditions upon a zoning or building permit in order to mitigate any newly
created impact on an adjacent property or water body.
(c) Relocation. No nonconforming structure shall be relocated in whole or in part to any
other location on the same or any other lot unless the entire structure shall thereafter
conform to the regulations of the district in which such structure is located after being
relocated.
(d) Nonconforming Accessory Uses and Structures. No use or structure which is accessory
to a principal nonconforming use or structure shall continue after such principal use or
structure shall have ceased or terminated, unless such accessory use or structure shall
thereafter conform to all the regulations of the district in which it is located. All signs
devoted to the principal use shall be removed and all signs painted directly on the
principal building shall be repainted in a neutral color or a color which will harmonize
with the structure.
(e) Governmental Acquisition of a Portion of a Property. When governmental acquisition
of a portion of a property for a public purpose results in that property no longer meeting
one or more requirements of this UDC, the property shall be considered a lawful
nonconforming use.
Subd. 5. Non-Conforming Lots of Record.
(a) A nonconforming lot of record is a buildable lot, if the building meets all other zoning
requirements such as setbacks or building height.
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Section 520
Development Standards
520.01 Measurements, Computations, and Encroachments.
Subd. 1. Percentages and Fractions. When a calculation or ratio established in this UDC
results in a fractional number or percentage, any fraction of ½ or less shall be rounded down to the
next lower whole number and any fraction of more than ½ shall be rounded up to the next higher
whole number. Any percentage of .5 percent or less shall be rounded down to the next lower whole
number and any percentage greater than .5 percent shall be rounded up to the next higher whole
number.
Subd. 2. Distance Measurements. Unless otherwise expressly stated, distances specified in
this UDC are to be measured as the length of an imaginary straight line joining those points.
Building square footage shall be determined by measuring the area of the building using the
outermost building exterior walls.
Subd. 3. Setback Requirements and Exceptions.
(a) Each structure shall comply with the front, interior side, corner street side, and rear
setback requirements of the applicable zoning district, except:
i) Where a setback requirement is established for a specific land use type in Table
_______(Note: refer to use specific standards);
ii) A building feature that encroaches into a required setback as allowed by Table____;
iii) No portion of any structure, including eaves or roof overhangs, shall extend beyond
a property line, or into a platted or dedicated easement or street right-of-way.
iv) Structures existing on the effective date of this ordinance and encroaching into a
setback required by this UDC shall be considered conforming to the setback
requirement if the encroachment does not exceed 1 foot or 10% of the required
setback, whichever is less. Additions may be made to such structures and shall also
be considered conforming to the setback requirement provided that the addition
does not increase the encroachment of the existing structure.
Subd. 4. Measurement of Setbacks. Setbacks shall be measured as follows: (See Figure
___).
DRAFT
102
509575v3 AMB CR225-423
Figure ____: Illustration of typical setback locations
(a) Front Setbacks. A front setback shall be measured at right angles from the nearest point
on the public right-of-way at the front of the parcel to the nearest point of the wall of
the structure, except as provided for in this subsection.
(b) Side Setbacks. The side setback shall be measured at right angles from the nearest point
on the side property line of the parcel to the nearest point of the wall of the structure,
establishing a setback line parallel to the side property line, which extends between the
front and rear setbacks (See Figure _____).
(c) Rear Setbacks. The rear setback shall be measured at right angles from the nearest point
on the rear property line to the nearest part of the structure, establishing a setback line
parallel to the rear property line (see Figure _____).
(d) Corner Lots. The corner side setback shall be measured from the nearest point of the
wall of the structure to the nearest point of the wall of the structure.
Subd. 5. Height Requirements and Exceptions.
(a) Each structure shall comply with the height requirements of the applicable zoning
district, except:
i) As allowed in Table ____ when a building feature encroaches into a required
height.
ii) The height of telecommunications facilities, including antennas, poles, towers, and
necessary mechanical appurtenances, shall comply with Section ____.
(b) Measurement of building height. The maximum allowable building height shall be
measured as the vertical distance from the natural grade of the site to an imaginary
plane as the maximum allowed number of feet above and parallel to the grade (see
Figure _____). The location of natural grade shall be determined by the zoning
administrator and shall not be artificially raised to gain additional building height.
DRAFT
103
509575v3 AMB CR225-423
Figure ____: Illustration of height measurement
i) Height requirements meeting the requirements of the Federal Aviation
Administration.
ii) Notice to the Federal Aviation Administration using FAA form 7460-1 is required
prior to the following:
a) Any construction or alteration of more than 200 feet in height.
b) Any construction or alteration of greater height than the imaginary surface
extending outward and upward at a slope of 100 to 1 for a horizontal distance
of 20,000 feet from the nearest point of the nearest runway of the Crystal
Airport.
Subd. 6. Permitted encroachments into setback and height requirements.
(a) Structures or structural features may extend beyond the wall of the structure and into a
required setback and height requirement in compliance with Table ______.
Table _____: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial Industrial AP
Permitted Setback Encroachme nts [2]
Accessibility ramps May
encroach
into any
setback,
but cannot
be located
in the
public
right-of-
way
May
encroach
into any
setback,
but cannot
be located
in the
public
right-of-
way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
May encroach
into any
setback, but
cannot be
located in the
public right-
of-way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
DRAFT
104
509575v3 AMB CR225-423
Air conditioning or
heating equipment
2 feet in
the side
yard, but
cannot be
closer than
10 feet to
the living
quarters of
a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot
be closer
than 10 feet
to the
living
quarters of
a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot
be closer
than 10 feet
to the living
quarters of a
dwelling on
adjacent
property
2 feet in the
side yard, but
cannot be
closer than 10
feet to the
living quarters
of a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot
be closer
than 10 feet
to the living
quarters of a
dwelling on
adjacent
property
Not
Applicable
Attached decks or
open porches
10 feet for
attached
decks or
open
porches in
the front or
rear yard of
one or two
family
dwellings,
provided
that no
more than
240 SF of
the deck or
porch
encroaches
into the 30
foot
required
setback
10 feet for
attached
decks or
open
porches in
the front
or rear yard
of one or
two family
dwellings,
provided
that no
more than
240 SF of
the deck or
porch
encroaches
into the 30
foot
required
setback
10 feet for
attached
decks or
open
porches in
the front
or rear yard
of one or
two family
dwellings,
provided
that no more
than 240 SF
of the deck
or porch
encroaches
into the 30
foot required
setback
Not
Applicable
Not
Applicable
Not
Applicable
Awnings Front: 3
feet
Side: 2 feet
Rear: 3feet
Corner
side: 2 feet
Front: 3
feet
Side: 2 feet
Rear: 3
feet
Corner
side: 2 feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side:
2 feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side: 2
feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side:
2 feet
Front: 3 feet
Side: 2 feet
Rear: 3feet
Corner side:
2 feet
Building
projections or
bumpouts
May
encroach 5
feet in the
front
setback and
10 feet in
the rear
setback if
the
conditions
in Note 3,
below, are
met
May
encroach 5
feet in the
front
setback and
10 feet in
the rear
setback if
the
conditions
in Note 3,
below, are
met
May
encroach 5
feet in the
front setback
and 10 feet
in the rear
setback if
the
conditions in
Note 3,
below, are
met
Not
Applicable
Not
Applicable
Not
Applicable
Chimneys May
encroach 2
feet into
any setback
May
encroach 2
feet into
any setback
May
encroach 2
feet into any
setback
May encroach
2 feet into any
setback
Not
Applicable
Not
Applicable
DRAFT
105
509575v3 AMB CR225-423
Detached decks and
patios
10 feet for
detached
decks or
patios in
the front
yard for
one and
two family
dwellings,
provided
that no
more than
240 SF of
the deck or
patio
encroaches
into the 30
foot
required
setback
10feet for
detached
decks or
patios in
the front
yard for
one and
two family
dwellings,
provided
that no
more than
240 SF of
the deck or
patio
encroaches
into the 30
foot
required
setback
10 feet for
detached
decks or
patios in the
front yard
for one and
two family
dwellings,
provided
that no more
than 240 SF
of the deck
or patio
encroaches
into the 30
foot required
setback
Not
Applicable
Not
Applicable
Not
Applicable
Eaves or overhangs May
encroach 2
feet into
any setback
May
encroach 2
feet into
any setback
May
encroach 2
feet into any
setback
May encroach
2 feet into any
setback
May
encroach 2
feet into any
setback
May
encroach 2
feet into any
setback
Landings Landings
cannot
exceed 4
feet by 4
feet,
together
with
necessary
steps to
reach grade
Landings
cannot
exceed 6
feet by 6
feet,
together
with
necessary
steps to
reach grade
Landings
cannot
exceed 6
feet by 6
feet,
together
with
necessary
steps to
reach grade
Landings
cannot exceed
6 feet by 6
feet, together
with necessary
steps to reach
grade
Landings
cannot
exceed 6
feet by 6
feet,
together
with
necessary
steps to
reach grade
Landings
cannot
exceed 6
feet by 6
feet,
together
with
necessary
steps to
reach grade
Satellite dishes May
encroach 2
feet into
any setback
May
encroach 2
feet into
any setback
May
encroach 2
feet into any
setback
May encroach
2 feet into any
setback
May
encroach 2
feet into any
setback
May
encroach 2
feet into any
setback
Treehouses 20 feet for
treehouses
in the front
yard for
one and
two family
dwellings
20 feet for
treehouses
in the front
yard for
one and
two family
dwellings
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Permitted Height Encroachments
Chimneys Not to
exceed 5
feet above
the highest
point of the
roof
Not to
exceed 5
feet above
the highest
point of the
roof
Not to
exceed 5
feet above
the highest
point of the
roof
Not
Applicable
Not
Applicable
Not
Applicable
DRAFT
106
509575v3 AMB CR225-423
Spires or steeples
for religious
institutions
As
determined
by the City
Council in
CUP
review
As
determined
by the City
Council in
CUP
review
As
determined
by the City
Council in
CUP review
As determined
by the City
Council in
CUP review
As
determined
by the City
Council in
CUP review
Not
Applicable
NOTES:
[1] Encroachments are permitted as shown in the table, but in no instance shall encroachments be allowed in a
platted or dedicated easement.
[2] Unless otherwise described, the numerical dimensions listed in this table are the linear dimensions allowed for
the setback encroachment. For example, in the R-1 district, awnings may be three feet closer to the front
property line than the required front setback for the home.
[3] Front setback: Building projections or bumpouts to the front of the principal building are allowed, subject to
these conditions: 1) Each addition shall not exceed 24 feet in width, and the cumulative width of all additions
shall not exceed 50% of the width of the principal building; 2) Each addition’s encroachment into the 30 foot
required front setback shall not exceed 80 square feet, and the cumulative encroachment of all additions shall
not exceed 100 square feet.
[4] Rear setback: Building projections or bumpouts to the rear of the principal building are allowed, subject to these
conditions: 1) The encroachment occupies no more than 300 square feet of the area within the rear setback; 2)
The width of the encroachment is no more than 50%% of the lot width measured at the rear setback line; 3)
The property owner removes any existing accessory buildings from the rear yard; 4) The property owner signs
and has notarized a written statement to the city acknowledging that no accessory buildings may be built or
placed in the rear yard and this statement will be recorded against the property.
520.03. Site Development Standards.
Subd. 1. Purpose.
(a) The purpose of these site development standards is to further the purpose of this UDC
and the goals and policies of the comprehensive plan. Furthermore these standards are
intended to establish appropriate lot dimensions and setbacks within each zoning
district and provide for appropriate scale of structures.
Subd. 2. Site Development Standards.
(a) Site Development Standards for Principal Buildings. Table ______are the regulations
for setbacks, lot dimensions, building height, and green space for placing principal
buildings in the city’s zoning districts.
(b) Site Development Standards for Accessory Structures. Table _____ are the setback and
height requirements for placing accessory structures in the city’s zoning districts.
Table _____: Zoning District Site Development Standards for Principal Buildings
R1 R2 R3 Commercial Industrial AP
Permitted Residential Density
Permitted Residential
Density
No more than
6
units per acre
(gross)
6 to 16 units
per acre
(gross)
16 to 40 units
per
acre (gross)
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Minimum Building Setbacks [1]
DRAFT
107
509575v3 AMB CR225-423
Front 30 feet 30 feet 30 feet 30 feet 30 feet
200’ from
residential
use
Side 5 feet 15 feet 15 feet 10 feet 10 feet
200’ from
residential
use
Rear 30 feet 30 feet 30 feet 10 feet 10 feet
200’ from
residential
use
Corner Side 10 feet [2] 30 feet 30 feet 30 feet 30 feet
200’ from
residential
use
Number of Principal Buildings
Maximum number of
principal buildings per
property
One One One One One Not
Applicable
Minimum Lot Area
Single-Family Detached
Dwelling 6,000 SF 6,000 SF Not
Applicable
Not
Applicable Not Applicable Not
Applicable
Two-Family Dwelling 12,000 SF 12,000 SF 12,000 SF
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Other Residential Uses Not
Applicable
3,000 per
dwelling, but
in no event
less than
10,000 SF
1,200 per
dwelling, but
in no event
less than
20,000 SF
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Non-Residential Uses Not
Applicable
Not
Applicable Not Applicable 20,000 SF 20,000 SF Not
Applicable
Minimum Lot Depth
Single-Family Detached
Dwelling 100 feet 100 feet 100 feet Not
Applicable Not Applicable Not
Applicable
Two-Family Dwelling 100 feet 100 feet 100 feet
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Other Residential Uses Not
Applicable 100 feet 100 feet
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Non-Residential Uses 100 feet 100 feet 100 feet 120 feet 120 feet Not
Applicable
Minimum Lot Width
Single-Family Detached
Dwelling 60 feet 6
0 feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Two-Family Dwelling 100 feet 100 feet Not
Applicable
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Other Residential Uses Not
Applicable 100 feet 100 feet
See section
____(refer to
TOD overlay
district
regulations)
Not Applicable Not
Applicable
Non-Residential Uses 100 feet 100 feet 100 feet 100 feet 100 feet Not
Applicable
Building Height
DRAFT
108
509575v3 AMB CR225-423
Single-Family Detached
Dwelling
2 stories or
32 feet,
whichever
is less
2 stories or
32 feet,
whichever is
less
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Two-Family Dwelling
2 stories or
32 feet,
whichever
is less
2 stories or
32 feet,
whichever is
less
2 stories or
32 feet,
whichever is
less
Not
Applicable
Not
Applicable
Not
Applicable
Other Residential Uses Not
Applicable
3 stories or
40 feet,
whichever is
less
5 stories
or 60 feet,
whichever is
less
See section
____(refer to
TOD overlay
district
regulations)
Not
Applicable
Not
Applicable
Non-Residential Uses
2 stories
or 32 feet,
whichever
is less
3 stories or
40 feet,
whichever is
less [3]
5 stories
or 60 feet,
whichever is
less [3]
5 stories
or 60 feet,
whichever is
less [3]
5 stories
or 60 feet,
whichever is
less [3]
3 stories or
40 feet,
whichever
is less
Minimum Green Space [4]
Single and Two-Family
Detached Dwellings
See note [5]
below
See note
[5] below
See note
[5] below
See section
___ (refer to
TOD overlay
district
regulations)
Not
Applicable
Not
Applicable
Other Uses 30% 25% 20% 15% 10% Not
Applicable
NOTES:
[1] Setbacks for some principal uses are regulated by the Use-Specific Standards found in Table ______.
[2] If the vehicle entrance for an attached garage faces a street or alley, the garage shall be at least 20 feet from the corner side
property line.
[3] Buildings in excess of this height limit may be allowed with a conditional use permit.
[4] The minimum green space requirement is expressed as a percentage of the property that shall be free from any structures or
impervious surfaces.
[5] In residential zoning districts, the minimum green space requirement applies only to the rear yard of single and two family
attached dwellings. The requirement is expressed as a percentage of the rear yard that is free of any structures or impervious
surfaces:
1. Rear yard of 5,001 SF or greater: 50%
2. Rear yard of between 4,501 and 5,000 SF: 45%
3. Rear yard of between 4,001 and 4,500 SF: 40%
4. Rear yard of between 3,501 and 4,000 SF: 35%
5. Rear yard of between 3,000 and 3,500 SF: 30%
6. Rear yard of less than 3,000 SF: 25%.
Table _____: Zoning District Site Development Standards for Accessory Structures
Accessory
Structure Type R1 R2 R3 Commercial Industrial AP
Minimum Structure Setbacks
Amateur radio
towers
See note
[1], below
See note
[1], below
See note
[1], below
Not
Applicable
Not
Applicable
See note
[1], below
DRAFT
109
509575v3 AMB CR225-423
Attached Decks
and open porches
Front: 30
feet
Side: 3
feet
Rear: 30
feet
Corner
side: 10
feet
Front: 30
feet
Side: 15
feet
Rear: 30
feet
Corner
side: 30
feet
Front: 30
feet
Side: 15
feet
Rear: 30
feet
Corner
side: 30
feet
Front: 30
feet
Side: 10
feet
Rear: 3
feet
Corner
side: 30
feet
Not
Applicable
Not
Applicable
Clothesline Poles Front: Not
allowed
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: Not
allowed
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Commercial
Storage Buildings
Not
Applicable
Not
Applicable
Not
Applicable
Front: 30
feet
Side: 10
feet
Rear: 3 feet
Corner
side: 30
feet
Front: 30
feet
Side: 10
feet
Rear: 3 feet
Corner
side: 30
feet
Front: 30 feet
Side: 10
feet
Rear: 3 feet
Corner
side: 30
feet
Detached decks Front: 30
feet
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Front: 30
feet
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Front: 30
feet
Side: 10
feet
Rear: 10 feet
Corner
side: 15
feet
Not
Applicable
Not
Applicable
DRAFT
110
509575v3 AMB CR225-423
Detached garages
or carports
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
[2]
Side: 5
feet [3]
Rear: 5
feet [3]
Corner
side: 10
feet [4]
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 5
feet [3]
Rear: 5
feet [3]
Corner
side: 10
feet [4]
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 10
feet
Rear: 10
feet
Corner
side: 10
feet [4]
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 10
feet
Rear: 10 feet
Corner
side: 10
feet [4]
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 10
feet
Rear: 10
feet
Corner
side: 10
feet [4]
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 10
feet
Rear: 10
feet
Corner
side: 10
feet [4]
Flagpoles Cannot be
closer
than 5
feet to any
property
line
Cannot be
closer
than 5
feet to any
property
line
Cannot be
closer
than 5
feet to
any
property
line
Cannot be
closer
than 5
feet to
any
property
line
Cannot be
closer
than 5
feet to
any
property
line
Cannot be
closer
than 5
feet to
any
property
line
Gazebos Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Not
Applicable
Not
Applicable
Not
Applicable
DRAFT
111
509575v3 AMB CR225-423
Noncommercial
greenhouses
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Patios Front: 30
feet
Side: 1
foot
Rear: 1
foot
Corner
side: 10
feet
Front: 30
feet
Side: 1
foot
Rear: 1
foot
Corner
side: 10
feet
Front: 30
feet
Side: 5
feet
Rear: 3
feet
Corner
side: 30
feet
Front: 30
feet
Side: 10
feet
Rear: 3
feet
Corner
side: 30
feet
Not
Applicable
Not
Applicable
Sheds Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
[2]
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 10
feet
Rear: 3
feet
Corner
side: 30
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Solar energy
systems
See note
[5], below
See note
[5], below
See note
[5], below
See note [5],
below
See note
[5], below
See note [5],
below
DRAFT
112
509575v3 AMB CR225-423
Swimming pools,
hot tubs and spas
Front: Not
allowed
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Front: Not
allowed
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Front: Not
allowed
Side: 10
feet
Rear: 10
feet
Corner
side: 15
feet
Front: Not
allowed
Side: 10
feet
Rear: 10 feet
Corner
side: 15
feet
Not
Applicable
Not
Applicable
Tennis or other
recreational courts
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 5
feet
Rear: 5
feet
Corner
side: 10
feet
Not
Applicable
Not
Applicable
Not
Applicable
Treehouses Front: 30
feet
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Front: 30
feet
Side: 3
feet
Rear: 3
feet
Corner
side: 10
feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
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Workshops Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
[2]
Side: 5
feet [3]
Rear: 5
feet [3]
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street
than the
principal
building
Side: 5
feet [3]
Rear: 5
feet [3]
Corner
side: 10
feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Maximum Structure Height
Amateur radio
towers
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Commercial
storage buildings
Not
Applicable
Not
Applicable
Not
Applicable
20 feet 20 feet 25 feet
Detached
accessory
buildings [6]
15 feet 15 feet 15 feet 15 feet 15 feet 15 feet
Essential services
(such as poles or
towers)
As
determined
by the
city
engineer
As
determined
by the
city
engineer
As
determined
by the
city
engineer
As
determined
by the
city
engineer
As
determined
by the
city
engineer
As
determined
by the
city
engineer
Fences See Section
______
See Section
____
See Section
____
See Section
____
See Section See
Section___
Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
Satellite dishes Not to
exceed 4
feet above
the roof
Not to
exceed 4
feet above
the roof
Not to
exceed 4
feet
above
the roof
Not to
exceed 4
feet
above
the roof
Not to
exceed 4
feet
above
the roof
Not to
exceed 4
feet above
the roof
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509575v3 AMB CR225-423
Solar energy
systems
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Television and
Radio Antennae
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
NOTES:
[1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line.
However, necessary guy wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet
from any rear or interior side property line.
[2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed or workshop
may be erected within the front setback area provided it does not encroach into the required front,
side or corner side setback.
[3] If the garage, carport or workshop does not have an eave or overhang on the side or rear of the
structure, the structure may be located to a distance of 3 feet from the side or rear property line, but
the structure shall not encroach into a platted or dedicated easement. [4] If the vehicle
entrance for a detached garage faces a street or alley, the garage shall be at least 20 feet from the
corner side property line.
[5] For building-mounted solar energy systems, the collector surface and mounting devices shall not
extend beyond the required setbacks on which the building is mounted. For freestanding solar energy
systems, the system may not extend into the following setbacks when orie nted at minimum design
tilt:
Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5
feet; Corner side: 10 feet.
[6] For the purposes of this maximum height requirement, detached accessory buildings are defined as
carports, detached garages, gazebos, noncommercial greenhouses, sheds and workshops.
Some of these structures may not be allowed in every zoning district.
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[NEED SECTION # IF KEEPING] Architectural Design Standards for Principal Buildings
Subdivision 1. Intent. It is not the intent of the city to unduly restrict design freedom when
reviewing project architecture in connection with a site plan for a principal building. However, it
is in the best interest of the city to promote high standards of architectural design and compatibility
with surrounding structures and neighborhoods.
Subd. 2. Exterior design and materials. Except for warehouse and industrial buildings that
are adequately screened from view, the following are not allowed for building exteriors:
1. Blank walls;
2. Unadorned prestressed concrete panels;
3. Concrete block; and
4. Unfinished metal and corrugated metal.
520.05. Exterior Lighting.
Subd. 1. Standards. Exterior lighting is subject to the following standards:
(a) Any exterior lighting that is used to illuminate an off-street parking area, sign or other
structure shall be hooded or controlled in some manner so as to deflect light away from
any adjoining residential property or from public streets.
(b) Exterior lighting which casts light on a public street shall not exceed 1 foot candle at
the property line abutting the street and lighting which casts light on residential
property shall not exceed 0.4 foot candle at the property line abutting that residential
property.
(c) Bare light bulbs shall not be permitted if they can be viewed from adjacent property or
public right-of-way.
520.07. Fences and Retaining Walls.
Subd. 1. Fence Requirements.
(a) Height requirements.
i) Measurement of fence height
a) Fence height is measured from the average grade to the tallest part of the fence,
including posts.
b) In cases where the fence is located on sloped grade, the fence height shall be
measured separately for each segment between posts.
c) In the case of grade being changed where the fence is to be located, for example
by adding fill or creating a berm, the maximum fence height shall be measured
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509575v3 AMB CR225-423
from the grade at the principal structure or the property line, whichever is closer
to the proposed fence.
ii) Fences in residential districts
a) For interior lots, fences shall not be taller than 4.5 feet in the front yard and 6.5
feet in the side or rear yard (see Illustration ____)
Illustration ___: Fence height on interior residential lot
b) For fences on corner lots, the fence height in the front and corner side yards is
determined by which side the principal building faces (see Illustrations ____).
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509575v3 AMB CR225-423
Illustrations ____: Fence location on corner residential lot
c) Fences in non-residential districts:
i. For interior lots, fences shall not be taller than 4.5 feet in the front yard and
8.5 feet in the side or rear yard.
ii. For corner lots, fence height is determined in the same manner as for corner
residential lots (see Illustrations ____), except that the maximum height
shall be 8.5 feet where a 6.5 feet fence is allowed.
Subd. 2. Locational requirements.
(a) Fences may be located within a drainage and utility easement in side and rear yards.
Where such fences are installed, the city will not be responsible for repairing or
replacing the fence if work is done in the easement.
(b) Fences shall comply with the site distance triangle requirements as provided in the
Crystal City Code, section _____.
(c) All fences, including footings, shall be located entirely upon the property where the
fence is located. It is the property owner’s responsibility to locate property lines prior
to installing a fence.
Subd. 3. Design and maintenance requirements.
(a) Barbed wire, razor wire, concertina, dannert, and above-ground electrical fences are
prohibited.
(b) Fences taller than 4 feet shall have posts in the ground at least ½ of the height of the
fence.
(c) Fences shall be maintained in good repair. Any fence that is potentially dangerous or
in disrepair shall be removed or repaired.
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520.09. Retaining Wall Requirements.
(a) Retaining Walls. Retaining walls supporting an embankment to be retained on any lot
that exceeds 48 inches in height shall be benched, so that no individual vertical segment
of a retaining wall exceeds a height of six feet except where the city engineer
determines that topography requires a wall of greater height. Each individual horizontal
bench segment, so constructed, shall be a minimum width of 36 inches (See Illustration
_____).
(b) Retaining walls over 48 inches, measured from the top of the footing to the top of the
wall, are required to be designed and certified by a registered professional licensed in
Minnesota.
Illustration ____: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet.
520.11. Landscaping and screening.
Subd. 1. Purpose. The purpose of this section is to promote the beautification of the city
and to generally protect the public welface through the city’s authority to regulate land use in a
method that utilizes the benefits of landscaping, screening, and buffering. Specifically, it is the
purpose of this section to:
(a) Preserve and enhance the variety and extent of the city’s urban forest as an integral part
of this city’s identify and infrastructure;
(b) Protect privacy and provide buffering between land uses of differeing intensities; and
(c) Increase and maintain property values.
Subd. 2. Applicability. The requirements of this section shall apply to all proposed
development and new land uses, unless otherwise stated herein.
Subd. 6. Landscaping and Screening.
(a) Purpose.
i) The purpose of this section is to promote the beautification of Crystal and generally
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protect the public welfare, through the city’s authority to regulate land use in a
method that utilizes the benefits of landscaping, screening and buffering.
Specifically, it is the purpose of this section to:
a) Preserve and enhance the variety and extent of the city’s urban forest as an
integral part of this city’s identity and infrastructure.
b) Protect privacy and provide buffering between land uses of differing intensities;
c) Increase and maintain property values.
(b) Applicability.
i) The requirements of this section shall apply to all proposed development and new
land uses unless otherwise stated.
(c) Landscaping Requirements.
(d) Installation of Landscaping.
i) Where landscaping is required, no building permit shall be issued until the required
landscaping portion of the site plan or zoning certificate application has been
submitted and approved.
ii) Landscaping that is in compliance with the approved plans shall be installed before
an occupancy permit is issued for the site. If landscaping is not installed, the
applicant shall be required to submit a cash escrow in accordance with Section
_____.
(e) General Landscaping Material Standards.
i) Landscape materials should complement the form of the existing trees, plantings,
and vegetation. The amount of shade or sun and soil conditions should be
considered in selecting plant materials. Plant materials are to include those
materials and species that are demonstrated to be hardy to conditions found in
southern Minnesota. Landscape materials shall consist of the following:
(f) Plants.
i) All plant materials shall meet the following requirements:
a) Approved and Prohibited Tree Species.
i. Trees selected for specific site design purposes shall be those trees as
identified and included on the List of Approved Landscape Trees as
approved and amended from time to time by the resolution of the city
council on file with in the city clerk’s office.
b) Quality.
i. Plants shall be free of disease, insects and/or damage, and shall be correctly
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labeled indicating genus, species and cultivar. No label shall be removed
until after the final inspection by the city is completed.
ii. Trees of species whose roots are known to cause damage to public roadways
or other public improvements shall not be planted closer than 15 feet to such
public improvements. The city’s approved landscape tree list may include
prohibited trees.
c) Existing Vegetation.
i. Existing healthy, well-formed canopy and understory trees shall be credited
toward the requirements of this section, provided the vegetation is protected
before and during development of the site and maintained thereafter in a
healthy growing condition.
d) Species Variety.
i. To curtail the spread of disease or insect infestation in a plant species, new
plantings shall comply with the diversity standards of Table _____.
Table _____: Species Diversity
Table _____: Species Diversity
Number of Trees
Required on Site
Maximum Percentage of Trees that
may be of a Single Species
7-19 35%
20-39 30%
40 or more 25%
e) Vegetation Size and Quality Requirements.
i. Deciduous canopy or shade trees shall have a minimum Diameter at Breast
Height (DBH) of 2 inches for ball and burlap trees or DBH of 2 inches for
container trees at the time of planting. Multi-stem varieties shall be a
minimum of six feet in height above ground level at the time of planting.
ii. Understory, small maturing, or ornamental trees shall have a minimum
DBH of 2 inches at time of planting. Multi-stem varieties shall be a
minimum of four feet in height above ground level at the time of planting.
iii. Evergreen trees shall be a minimum of six feet in height for potted or ball
and burlap trees at the time of planting.
iv. All trees shall be adequately supported when planted. The supports shall be
maintained until the trees are capable of withstanding the force of wind on
their own. All newly planted trees shall be planted with tree stem wraps to
protect the stem from abrasive damage.
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v. Ground cover may consist of grass normally grown in permanent lawns in
Minnesota; requirements for native prairie grasses and or drought tolerant
species of native are located in City Code Section 615.
vi. Turf grass shall be planted according to the requirements found in City Code
Section 615, and may be sodded or seeded; except in swales or other areas
subject to erosion where solid sod, erosion reducing net, or suitable mulch
shall be used.
vii. Ground cover may be supplemented with decorative rocks, pebbles, sand,
or similar materials, when used for decorative purposes.
viii. Landscape materials installed in a ball or burlap form shall be installed such
that the ball and burlap does not extend above the immediate grade at
installation.
ix. Where landscaping is required, good quality loose soil must be provided
and shall not include substandard fill, gravel, sand or highly alkaline soil
material.
f) Earth Berms.
i. Berms shall be physical barriers which block or screen a view in a manner
similar to a hedge, fence or wall.
ii. Berms shall be constructed with proper and adequate plant material to
prevent erosion. Where existing vegetative and/or topographic conditions
provide a natural buffer, additional screening may not be required.
iii. Where berms are to be mowed, the maximum permitted slope is 3:1 (See
Figure ____).
Figure ____: Illustration of a permitted berm slope.
(g) Landscaping Standards.
i) Required Landscaping.
a) Any lot remaining after providing parking, sidewalks, driveways, building or
other permitted site improvements shall be planted and maintained in trees,
shrubs, turf grass, native grasses, flowering plants, or other acceptable similar
landscaping material.
b) Not less than one canopy tree for each 1,000 square feet of the site with the
following exceptions.
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i. One and two family dwellings when located on existing lots of record, but
subdivisions platted after the effective date of this UDC shall meet this
requirement.
ii. Parking lots, which have specific requirements in section ____.
c) Not less than one shrub for each 100 square feet of the site, with the following
exceptions.
i. One and two family dwellings.
ii. Parking lots, which have specific requirements in section ____.
ii) Trees in Public Rights-of-Way.
a) The requirements for planting trees in the public right-of-way are found in City
Code Section 800.
iii) Minimum Dimensions.
a) Wherever this UDC requires a landscaped area of a specified width, the width
shall be measured within (interior measurements) any curb or wall bordering
the landscaping area.
iv) Protective Curbing.
a) Where landscaping is installed in areas that are designed to manage storm water
run-off, no protective curbing shall be constructed that prohibits the flow of or
infiltration of surface water. In other instances landscape islands and similar
landscape areas may be protected by a B6-12 concrete curb and gutter where
otherwise deemed necessary by the city engineer.
v) Safety Requirements.
a) Landscape materials shall be located so that at maturity they do not:
i. Interfere with safe sight lines for pedestrian or vehicular traffic; or
ii. Conflict with overhead lights or utility lines.
vi) Maintenance of Landscape Areas.
a) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be
maintained in a healthful and thriving condition at all times.
b) The landscaping shall regularly be kept clean and free of debris, litter, and
weeds.
vii) Tree and Woodland Preservation.
a) Tree Inventory Required.
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509575v3 AMB CR225-423
i. As part of a submittal application for site plan review or a subdivision, the
applicant shall submit a tree inventory that clearly depicts the following:
a. Lot lines of the parcel(s) involved;
b. The exact location, health, type, and size of all trees with a DBH of 12
inches or more
c. Recommendations of which trees, or stands of trees, should be retained
and protected.
d. The tree inventory shall be taken and reported by a qualified arborist,
nurseryman, horticulturist, or landscape architect who is licensed,
certified, registered or otherwise qualified in the State of Minnesota.
viii) Tree Protection Requirements.
a) Unless exempted pursuant to Section ______, all trees with a DBH of 12 inches
or more shall be retained as a protected tree, to the maximum extent feasible.
ix) Credit Towards Landscape Requirements.
a) Only those trees with a minimum DBH deviation of two inches that meet the
location, species, and health requirements applicable to new landscape
materials shall be credited, and the applicant shall be responsible for
demonstrating how retained trees meet the standards of this UDC.
b) Existing viable trees with a minimum DBH of two inches, meeting all other
minimum requirements for new plantings, which are located within 20 feet of
the perimeter edge of a surface off-street parking area shall be credited towards
the parking lot perimeter landscape requirements of Section ____.
c) Existing viable trees with a DBH of two inches meeting all other minimum
requirements for new plantings that are not credited towards buffer or parking
lot requirements may be credited towards any other landscaping requirements
of this UDC.
x) Removal.
a) Except in cases where a tree is determined by the zoning administrator to meet
one of the exemptions stated in Section _____, the zoning administrator shall
allow the removal of protected trees only if the property owner demonstrates all
of the following standards are met:
i. The site is otherwise in compliance with this subsection;
ii. The protected tree is an obstacle to access on the lot or site and no alternative
exists for relocating such access; and
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iii. Replacement tress shall be provided in accordance with Table _____.
Table ______: Replacement Tree Requirements
Caliper of Original Tree Replacement Trees Required
12 to 17 inches DBH One replacement tree for each protected tree removed
18 to 23 inches DBH Three replacement trees for each protected tree removed
24 to 35inches DBH Six replacement tree for each protected tree removed
36 to 47 inches DBH Ten replacement trees for each protected tree removed
48+ inches DBH Twelve replacement trees for each protected tree removed
a) Each replacement tree shall be a minimum DBH of two inches for ball and
burlap or 1.25 inches for container trees, and shall be replanted within 12
months of the removal of the protected tree, or within a timeframe approved by
the zoning administrator.
b) Replacement trees shall not be used to meet any other landscape requirements.
c) All replacement trees shall be planted and maintained so as to thrive and be
hardy at 12 months from the date of the installation of the replacement tree.
xi) Cutting, Removal, or Harm Prohibited.
a) Except as allowed by Section, protected trees shall not be cut, removed, pushed
over, killed, or otherwise harmed.
xii) Paving or Soil Compaction Prohibited.
a) The area within the critical root zone (as defined as five feet beyond the drip
line) of any protected tree shall not be subject to paving or soil compaction.
xiii) Owner’s Responsibility.
a) During development, the property owner or developer shall be responsible for
the erection of any and all barriers necessary to protect any existing or installed
trees from damage both during and after construction in accordance with the
standards of this subsection.
xiv) Tree Protection Fencing.
a) All protected trees and trees intended for use as credit towards the landscaping
standards of this section shall be fenced in accordance with this subsection
before grading or other land-disturbing activity begins. Fencing shall extend at
least five feet from the edge of the drip line (See Figure _____ for illustration
of a drip line), but in no case closer than ten feet to the trunk. The zoning
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administrator shall consider existing site conditions in determining the exact
location of any tree protection fencing.
Figure _____: Illustration of protective fence placement for trees.
b) All fencing required by this subsection shall be four feet in height and secured
using appropriate posts.
xv) Encroachments into Root Zones.
a) Encroachments within the root zones of trees protected in accordance with this
subsection shall occur only in rare instances.
b) If such an encroachment is anticipated, written verification by a qualified
arborist shall be required documenting the tree’s condition before and after the
encroachment, including preventive measures that shall be employed prior to,
during, and after the encroachment to insure the viability of the tree.
(h) Monitoring, Maintenance and Guarantee of Tree Protection and Landscaping
Performance.
i) Property owners shall be responsible for the preservation and maintenance of all
trees required to be saved and protected under this subsection.
(i) Exemptions.
i) The following tree removal activities are exempt from the standards of this section:
a) Removal of trees that are dead or dying based on an analysis and report by a
qualified arborist;
b) Removal of trees that are determined by the city engineer to be an immediate
nuisance or threat to an existing structure, underground utility, or to the public
health, safety, or welfare;
c) Removal of trees prohibited by the city as established in _______; and
d) Removal by the city, or its authorized agent, of trees on city or publicly owned
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land and within public rights-of-way to complete street improvement projects.
e) For the purposes of this section, a tree will be considered removed if 30 percent
or more of the trunk diameter is injured.
(j) Parking Lot Landscaping Requirements.
i) Purpose.
a) The purpose for parking lot landscaping requirements is to provide for
effectively designed and properly placed landscape improvements to minimize
the potential negative effects of large expanses of asphalt, such as creating
unnecessary surface water runoff and presenting a sterile image. These
requirements are applicable to both small and large parking lots where the
extent of landscaping improvements varies depending on the number of spaces
in the parking lot.
ii) Parking Lots Adjacent to Streets.
a) A parking area for a nonresidential use or a multi-family residential use adjacent
to a public street shall be designed to provide a minimum five-foot landscaped
planting strip between the street right-of-way and any parking area (see Figure
____).
Figure ______: Perimeter landscaping required between a parking lot and a street.
b) The landscaping shall have a minimum height of 36 inches and be designed and
maintained to screen cars from view of the street but meet the site visibility
requirements of city code section ____.
c) Screening materials will include a combination of plant materials, and may
include raised planters, solid decorative masonry walls, or other screening
devices which meet the intent of this requirement (see Figure ____).
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509575v3 AMB CR225-423
Figure _____: Illustration of parking lot perimeter screening.
d) Shade trees shall be provided at a minimum rate of one for every 30 linear feet
of landscaped area.
iii) Parking Lots Adjacent to Side or Rear Property Lines.
a) Parking areas for nonresidential uses shall provide a perimeter landscape strip
at least five feet wide (inside dimension) where the parking area adjoins a side
or rear property line.
iv) Non-Residential Parking Lots Adjacent to Residential Uses.
a) A nonresidential parking area adjacent to a one or two family residential use
shall provide a landscaped buffer adhering to the following standards within a
ten foot setback between the parking area and the lot line of the residential use.
b) The landscaping shall have a minimum height of 36 inches and be designed and
maintained to screen cars from view of the street but meet the site visability
requirements of city code section ____.
c) Screening materials will include a combination of plant materials, and may
include raised planters, solid decorative masonry walls, or other screening
devices which meet the intent of this requirement.
d) Shade trees shall be provided at the rate of one for each 30 linear feet of
landscaped area.
v) Interior Parking Lot Landscaping.
a) Amount of Landscaping.
i. Parking lots with 20 or more spaces shall provide landscaping within each
outdoor parking area at a minimum ratio of ten percent of the gross area of
the parking lot (including all drive and parking aisles). If parking is located
on the side of the structure (not adjacent to a street) or in the rear, this
landscaping ratio may be reduced to five percent.
ii. Trees not less than five feet in height and 15-gallon container in size shall
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be planted throughout the parcel and along any street frontage. At a
minimum, one shade tree and one shrub shall be provided for every five
parking spaces.
b) Landscaping Location.
i. Landscaping shall be evenly dispersed throughout the parking area, as
follows.
a. Landscaped islands shall have a minimum width of nine feet as the
narrowest dimension.
b. Shade trees planted using an orchard-style planting (the placement of
trees in uniformly-spaced rows) is encouraged for larger parking areas.
c. The trees shall comply with the species diversity requirements of Table
______ Shade trees shall create a shade canopy and have an
unobstructed cross visibility between two and six feet.
d. The area not covered by the canopy of the tree, but within an interior
landscape area, shall be covered by shrubs, grass, ground cover,
landscape gravel, or mulch.
(k) Screening Requirements.
i) Types of Screening.
a) Screening may consist of vegetation, fences, walls, berms, or other visual
barriers.
ii) Items to be Screened.
a) The following areas shall be screened in accordance with this section:
i. Waste receptacles.
a. Outdoor waste receptacles, including dumpsters, grease collection
containers and recycling containers, shall be screened on all sides by
wood or masonry walls with a minimum height of six feet. One side of
the storage area shall be furnished with swinging doors. Whenever
feasible, the enclosure shall be located in the side or rear yard, away
from residential areas.
ii. Ground-mounted mechanical equipment.
a. The zoning administrator may require that large ground-mounted
mechanical equipment and utility meters that are not located on and
screened by the building or structure, be screened from view of adjacent
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properties or public rights-of-way. Equipment for one and two-family
dwellings is exempted from this requirement.
iii. Roof-mounted mechanical equipment.
a. Roof-mounted mechanical equipment shall be screened from view of
adjacent properties and public rights-of-way through the use of building
walls, parapets, and/or roof systems (See Figure _____).
Figure _____: Example of how parapet walls are utilized to screen roof mounted mechanical
equipment.
iv. Outdoor Storage.
a. Screening shall create a visual and or/sound barrier of the object being
screened from adjacent properties and the public right-of-way.
v. Commercial Uses.
a. Screening shall create a visual and/or sound barrier between the
commercial use and residential dwellings.
b. Requirements for parking lot screening are found in section ____.
vi. Multi-Family Residential Dwellings.
a. Screening shall create a visual barrier between the multiple family
dwelling and one and two family residential dwellings or commercial
buildings.
b. Requirements for parking lot screening are found in section ____.
iii) Design standards for screening
a) Screening shall be installed to create a visual barrier so as to reduce the vision
of the object being screened.
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b) If vegetation is used for screening, it shall consist of a compact evergreen or
deciduous hedge or trees of a sufficient width and density to provide an
effective screen throughout the year.
c) If a berm is used for screening, it shall be of a sufficient height to provide an
effective screen.
d) A screening fence or wall shall be constructed of masonry, brick or wood. Such
screening shall provide a solid screening effect and not exceed the height
limitations in section _____. Fences or walls shall be compatible with the
architectural materials and patterns of the principal structure (see Figure ____).
Figure _____: Use of a wall and fencing for screening that is architecturally compatible with the
principal building.
iv) Approval of screening.
a) Screening shall be approved during review of a zoning certificate, site p lan, or
conditional use permit. In addition to what is required in this section, the zoning
administrator or City Council may require a specific type of screening to be
used.
v) Deviation from Standards.
a) Screening which deviates from the standards identified in this section may be
approved by the zoning administrator or the City Council, dependent on the
type of application required, based on the unique circumstances of the proposal.
In deciding whether or not to approve the alternative screening plan, the zoning
administrator or City Council may consider the following:
i. The items are sufficiently screened by an building or vegetation or the
natural features of the site.
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ii. Due to the nature of the surrounding area and the character of the items to
be screened, screening of the items is not necessary.
520.13. Off-Street Parking and Loading.
Subd. 1. Purpose. The purpose of off-street parking requirements 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 requirements for off-street parking of motor vehicles as a use that is accessory to
the utilization of various parcels of land or structures.
Subd. 2 Applicability.
(a) New Uses. The parking requirements of this section shall apply to a site plan review as
provided in the Crystal City Code, section ____, or zoning certificate application as
provided in the Crystal City Code, section _____, for the construction of a new building
or use in any district.
(b) Expanded Uses.
i) Whenever a building or use created prior to the effective date of this UDC is
changed or enlarged in floor area, number of units, seating capacity, or otherwise
that will create a need for an increase in the number of parking spaces, the additional
parking spaces shall be provided on the basis of the new demand created by the
enlargement or change.
ii) If the proposed expansion or enlargement will increase the floor area, number of
dwelling units, seating capacity, or other area to an extent larger than 50 percent of
the building or use prior to the effective date of this UDC, then the entire site shall
come into compliance with the requirements of this section.
(c) Change of Use.
i) No change of use shall be authorized unless the new use meets the minimum
number of parking spaces required by this section.
(d) Existing Uses.
i) The parking requirements of this section shall not apply to buildings and uses
legally in existence on the effective date of this UDC unless modified in the manner
stated in subsections (1) or (2) above. Furthermore, any parking facilities now
serving such existing buildings or uses shall not be reduced below the requirements
established in this section in the future.
Subd. 3. General Provisions.
(a) Parking Plan Required. Plans for all parking facilities, including parking garages, shall
be submitted to the zoning administrator for review whether through zoning certificate
review as established in Section ____, or site plan review as established in _______.
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(b) Parking Spaces to be Permanent. Each parking space shall be permanently available,
marked, and maintained for parking purposes for the use which it is intended to serve.
(c) Storage of vehicles and on-street parking. Parking and storage of any motorized vehicle
may occur within a garage, carport, or other building approved for parking in
accordance with the applicable sections of this UDC. Parking on a public street
isprovided in the Crystal City Code, section ____.
(d) Vehicles for Sale. No vehicle, trailer, or other personal property shall be parked on an
unpaved surface for the purpose of displaying the vehicle, trailer, or other personal
property for hire, rental, or sale, unless the applicable zoning allows the use or the use
is allowed as provided in the Crystal City Code, section _____.
(e) General Access and Circulation Requirements. The traffic generated by any use,
whether vehicular or pedestrian shall be channeled and controlled in a manner that will
avoid:
i) Congestion on the public streets;
ii) Traffic hazards including obstacles to safe pedestrian access; and
iii) Excessive traffic through residential areas, particularly truck traffic. Internal traffic
shall be so regulated as to ensure its safe and orderly flow.
iv) Traffic into and out of business areas shall to the maximum extent possible, be
forward moving with no backing into streets.
Subd. 4. Rules for Computation.
(a) Calculation. The following rules shall apply when computing parking spaces:
i) Driveway Space Meeting Parking Requirements. Entrances, exits, or driveways
shall not be computed as any part of a required parking lot or area, except in the
case of single and two family dwellings where driveways may be used in
calculating the amount of off-street parking.
ii) Multiple Uses. Unless otherwise noted or approved, off-street parking areas serving
more than one use shall provide parking in an amount equal to the combined total
of the requirements for each use. The required base number of parking spaces shall
be counted only once for multiple use buildings.
iii) Area Measurements. All square footage-based parking standards shall be computed
on the basis of gross floor area of all floors in a nonresidential building. Up to 15
percent of the gross floor area may be excluded from the above calculation if the
area is used for storage, loading, unloading, or for mechanical equipment.
iv) Vehicle Fuel Stations. Spaces at the pump at a vehicle fuel station may count toward
the minimum parking space requirements.
(b) Occupancy- or Capacity-Based Standards.
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i) For the purpose of computing parking requirements based on employees, students,
residents, or occupants, calculations shall be based on the typical, or average,
number of persons working on a single shift or the typical enrollment, whichever
is applicable.
ii) In hospitals, bassinets shall not be counted as beds.
iii) In the case of benches, pews and similar seating accommodations, each 24 inches
thereof shall be counted as one seat for the purpose of determining the parking
requirements. If fixed seating is not provided, then each seven square feet of floor
area shall be counted as one seat.
(c) Unlisted Uses.
i) Upon receiving an application for a use not specifically listed in the parking
schedule below, the zoning administrator shall apply the parking standard specified
for the listed use that is deemed most similar to the proposed use in regards to use,
size, and intensity of use.
ii) If the zoning administrator determines that there is no listed use similar to the
proposed use, intensity, or size, they may refer to the estimates of parking demand
based on recommendations of the American Planning Association (APA), the
Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE).
iii) The zoning administrator’s decision regarding parking requirements for a specific
use is appealable to the zoning board of appeals as provided in the Crystal City
Code, section _____.
Subd. 5. Tandem Parking.
i) The use of tandem parking (when one space is located directly behind another) is
allowed; however, the parking spaces that will be blocked, or potentially blocked
by other vehicles shall not count toward the requirements of this section. Single-
family and two-family dwelling units shall be exempt from this requirement.
Subd. 6. Off-Street Parking Space Requirements.
i) Table ______defines the number of parking spaces required for each use within the
city.
ii) The applicant may vary from the required number of parking spaces as provided in
the Crystal City Code, section _____.
Table _____: Parking Spaces by Use
Use Type
Minimum
Maximum
Residential Use Category
Bed and breakfast
establishments
2 spaces for the
owner/occupant of the
dwelling, at least one of
which must be enclosed in a
Not Applicable
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Table _____: Parking Spaces by Use
Use Type
Minimum
Maximum
garage, plus 1 space per
guest sleeping room
Dwellings, one and
two family
2 spaces per dwelling unit,
one of which must be
enclosed in a garage
Not applicable
Dwellings, multiple-
family
2 spaces per dwelling unit,
one of which must be
enclosed in a garage [1]
Not applicable
Specialized care
facilities
4 spaces, plus 1 space per 5
beds
Not applicable
Commercial Use Category
Amusement Centers 10 spaces, plus no less than
1 space per 500 square feet
of gross floor area
10 spaces, plus no
more than 1 space
per 250 square feet
of gross floor area
Bowling alleys 4 spaces, plus 4 spaces for
each lane
Not applicable
Funeral Homes 4 spaces, plus no less than
1 space per 3 seats in the
main assembly hall, plus no
less than 1 space per 300
square feet of gross floor
area not used for seating. [3]
4 spaces, plus no
more than 1 space
per 2 seats in the
main assembly hall,
plus no less than 1
space per 200
square feet of gross
floor area not used
for seating. [3]
Health and fitness
club
4 spaces, plus no less than
300 square feet of gross
floor area, not including
court, gym or pool area, plus
4 spaces per basketball
court, plus 2 spaces per
tennis or racquetball court,
plus 1 space per 50 square
feet of deck area for a
swimming pool
Not applicable
Hotel, Motel,
Extended Stay
Establishments
1 space per room or suite,
plus 1 space per employee
on the major shift. [2]
Not applicable
Office 4 spaces, plus no less than
1 space per 500 square feet
of gross floor area
4 spaces, plus no
more than 1 space
per 250 square feet
of gross floor area
Restaurants and
bars
4 spaces, plus no less than
1 space per 100 square feet
of gross floor area
4 spaces, plus no
more than 1 space
per 50 square feet
of gross floor area
Retail Sales and
Personal Service
4 spaces, plus no less than
1 space per 500 square feet
of gross floor area [4]
4 spaces, plus no
more than 1 space
per 250 square feet
of gross floor area
[4]
Theaters or
Auditoriums
4 spaces, plus no less than
1 space per 4 seats based
on the cumulative design
capacity of the assembly
room or spaces
4 spaces, plus no
more than 1 space
per 2 seats based
on the cumulative
design capacity of
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Table _____: Parking Spaces by Use
Use Type
Minimum
Maximum
the assembly room
or spaces
Vehicle, Boat, or
Recreational Sales
or Rental
4 spaces, plus 1 space per
employee on the major shift.
Such spaces are in addition
to the vehicles parked for
display
Vehicle Fuel Sales 4 spaces, plus 2 spaces per
service or repair stall if
applicable, plus no less than
1 space per 300 square feet
of building area used for the
sale of goods or services
4 spaces, plus 2
spaces per service
or repair stall if
applicable, plus no
more than 1 space
per 150 square feet
of building area
used for the sale of
goods or services
Vehicle Wash or
Detailing
1) Drive-through, staffed: 2
spaces, plus 1 space per
employee on the major shift
2) Drive-through, not staffed:
2 spaces
3) Self-service: 2 spaces
Industrial, Manufacturing, Research and Wholesale Use Category
Manufacturing 4 spaces, plus no less than
1 space per 1,000 square
feet of gross floor area
4 spaces, plus no
more than 1 space
per 500 square feet
of gross floor area
Warehouses 4 spaces, plus no less than
1 space per 3,000 square
feet of gross floor area
4 spaces, plus no
more than 1 space
per 1,000 square
feet of gross floor
area
Public, Institutional, or Recreational Use Category
High School,
college, university,
or trade/business
school
4 spaces, plus no less than
1 space per classroom, plus
no less than 1 space per 2
students based on design
capacity
Not applicable
Hospital Number of spaces as
required per a parking study
Number of spaces
as required per a
parking study
Library 4 spaces, plus no less than
1 space per 400 square feet
of gross floor area
4 spaces, plus no
more than 1 space
per 200 square feet
of gross floor area
Outdoor
Recreational
Facilities
10 spaces per acre of play
field, plus 4 per basketball
court, two space per tennis
court, or 1 space per 50
square feet of deck area for
a swimming pool
Not applicable
Religious Institution 4 spaces, plus no less than
1 space per 3 seats based
on the cumulative design
capacity of the assembly
room or spaces
4 spaces, plus no
more than 1 space
per 2 seats based
on the cumulative
design capacity of
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Table _____: Parking Spaces by Use
Use Type
Minimum
Maximum
the assembly room
or spaces
Schools, elementary
and middle school
10 spaces, plus no less than
1 space per classroom and 1
space per 40 students
based on designed capacity
Not applicable
Notes:
1. The minimum number of parking spaces for multi-family dwellings for seniors is 1 space per household unit, 50% of which
shall be enclosed in a garage.
2. If applicable, 1 space per 4 person capacity shall be provided for conference rooms or other assembly spaces and 1 space
shall be provided for a manager who resides on the property.
3. Motor vehicle stacking space shall also be provided for making up a funeral procession, although drive aisles in the parking
lot may be used for stacking.
4. The parking requirement for retail sales and service establishments with more than 50% or more of gross floor a rea devoted
to storage or warehouse shall be: 4 spaces, plus no less than 1 space per 500 nor more than 1 space per 250 square feet
devoted to sales or service, plus no less than 1 space per 3,000 nor more than 1,000 square feet of storage.
Subd. 7. Disabled Parking Requirements. Parking spaces required for the disabled shall be
provided in compliance with all applicable state and federal requirements. If practicable, spaces
for the disabled shall be located so they provide easy access from the closest parking area to the
major entrance of the use for which they are provided.
Subd. 8. Modification of Parking Requirements. For all uses except one and two family
dwellings, the number of parking spaces required in Table ___ may be modified according to the
following provisions. Approval of requests to provide more or less parking spaces shall be made
according to the applicable review procedure associated with the principal uses listed in Table
_______.
(a) Providing more parking spaces than the maximum required number of spaces. An
applicant may request up to 10% additional spaces beyond the maximum allowed in
Table _____ but shall be required to provide the following information:
i) Number of customers, patients, visitors, or other patrons of the proposed use.
Information shall also be included detailing the expected parking behavior of these
people (i.e., how long a customer may be at the facility).
ii) Number of full-time and part-time employees.
iii) Number and approximate timing of deliveries.
(b) Providing fewer parking. spaces than the minimum required number of s paces. Ten
percent of the spaces required in Table _____ may be reduced as of right but a reduction
of the remaining percentage, may be permitted only if the applicant provides for
parking in the following locations (listed in order of priority):
i) off-site parking spaces, or
ii) shared parking spaces, or
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iii) shadow parking spaces as provided for in this subsection, or
iv) on-street parking.
(c) Shadow Parking. Except for one and two family dwellings, a portion of the required
parking spaces may remain landscaped and unpaved or paved with pervious (i.e.,
“green”) pavers provided that the parking and unpaved areas complies with the
following standards and is authorized in accordance with _______ (See Figure _____):
i) The parking plan submitted with the zoning certificate or site plan review
application shall denote the location and layout of that portion of the parking area
that currently is deemed not required. The plan shall indicate that the “shadow”
parking spaces will be constructed according to these regulations in the event that
the zoning administrator determines at any time that all or any portion of this
parking is necessary.
ii) At no time shall any portion of the required parking area that is so designated for
future construction be used for the construction of any structure or paved surface
with the exception that pervious pavers may be used to provide temporary parking
provided that the pavers allow for grass and other vegetation to grow through the
material.
iii) At no time shall any portion of the required parking or loading that is so designated
for future construction, as provided herein, be counted as open space or other non-
paved areas required by other provisions of this section.
iv) The owner shall initiate construction of the approved "future" parking area(s), as
identified on the approved parking plan, within six months of the receipt of a
certified letter or a letter through normal postal service (in the event that the
certified letter is not accepted) sent to the owner of record from the zoning
administrator, identifying that such parking is determined to be necessary.
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Figure ______: Illustration of shadow parking concept.
Subd. 9. Shared Parking.
(a) Except for one and two family dwellings, a portion of the required parking spaces may
be located on an adjacent property if the parking area complies with the following
standards and is authorized in accordance with Section _______.
(b) Shared parking is encouraged and permitted if the multiple uses that the shared parking
will benefit can cooperatively establish and operate the facilities.
(c) The applicant shall have the burden of proof for reduction of the total number of
parking spaces and shall document and submit information substantiating their request.
Shared parking may be approved if:
i) A sufficient number of spaces is provided to meet the highest demand of the
participating uses;
ii) Evidence has been submitted by the parties operating the shared parking facility, to
the satisfaction of the zoning administrator, documenting the nature of uses and the
times when the individual uses will operate so as to demonstrate the lack of
potential conflict between them.
iii) The shared parking spaces will not be located in excess of 500 feet from the further
most point of the space to the front door, or other viable building entrance as
approved by the zoning administrator, of the use they are intended to serve;
iv) A shared parking agreement is submitted and reviewed as to form by the city
attorney, that provides for the rights of the respective parties to use the shared
parking areas in a manner adequate to accommodate multiple users or that parking
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spaces will be shared at specific times of the day (i.e., one activity uses the spaces
during daytime hours and another activity uses the spaces during evening hours).
This agreement shall include evidence of deed restrictions or other recorded
covenants that ensure that the spaces will be properly maintained during the life of
the development.
v) The approved shared parking agreement shall be filed with the application for a
zoning certificate and shall be recorded at Hennepin County in a manner as to
encumber all properties involved in the shared parking agreement.
vi) No zoning certificate will be issued until proof of recordation of the agreement is
provided to the zoning administrator.
Subd. 10. Location of Parking.
(a) Parking spaces shall be located on the same lot as the principal use they serve unless
the spaces meet the requirements as provided in the Crystal City Code, section
_________.( Note: reference is to shared parking requirements)
(b) Except for one and two family dwellings, head-in parking, directly off of and adjacent
to a public street, with each stall having its own direct access to the public street, shall
be prohibited.
(c) Parking is prohibited in any required screening or landscaping buffering areas as may
be required as provided in the Crystal City Code, section _________.
(d) In residential districts, off-street parking shall not be provided in the front setback or
side street setback, except for one and two family dwellings subject to the limitations
as provided in the Crystal City Code, section _______.
(e) In the case of one and two family dwellings, off-street parking is only permitted on a
hard surfaced driveway leading directly into a garage. Each property may also have
one hard surfaced auxiliary parking space in addition to the driveway meeting the
following requirements. Those properties without a garage or with only a single stall
garage may have two auxiliary parking spaces:
i) An auxiliary space shall be located immediately adjacent to one side of the
driveway, immediately adjacent to one side of the garage, or as one turn-around
space immediately adjacent to the driveway (see Figure _____).
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ii) Figure ___: Options for locating an auxiliary parking space.
iii) An auxiliary space cannot exceed 12 feet in width and 24 feet in length, and must
be at least 10 feet from the habitable portion of a residential structure on an adjacent
property.
iv) For access to the auxiliary space, a hard surfaced taper also is permitted, provided
it does not extend into the boulevard and has an angle of at least 22-1/2 degrees and
no more than 45 degrees. If the property has setback or topographic constraints that
prevent reasonable access to a lawful auxiliary space, then the city engineer may
allow the taper to extend into the boulevard but only to the minimum extent
necessary to provide reasonable access.
Subd. 11. Setbacks.
(a) The face of the curb shall not be within five feet of any property line and the back of
the curb shall not be within 4 feet of any property line.
(b) If a parking lot for a commercial, institutional, or multi-family dwelling use is adjacent
to a property used for one or two family residential dwellings, the face of the curb for
the parking lot shall not be within 10 feet of the shared property line and the back of
the curb shall not be within nine feet of the shared property line.
(c) All setbacks near intersections of public streets shall be determined by the city
engineer.
Subd. 12. Parking Design Standards.
(a) Required parking areas shall be designed, constructed, and maintained in compliance
with the requirements of this subsection.
(b) Access to Parking Area. Access to parking areas (i.e. driveways) shall be as provided
as follows. Subdivisions proposed after the effective date of this UDC are subject to
the applicable access requirements in section _______. Requirements for curb cuts and
driveways approaches are provided in the Crystal City Code, section ______.
i) One and Two Family Dwellings.
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a) Driveway width shall not exceed the width of the garage’s vehicle entrance plus
six feet, except that properties without a garage or with only a single stall garage
shall not have a driveway that exceeds 16 feet in width.
ii) Access for uses other than One and Two Family Dwellings.
a) Parking areas shall provide suitable maneuvering area so that vehicles enter
from and exit to a public street in a forward direction only.
b) Parking lots shall be designed to prevent access at any point other than at
designated access drives.
c) A development that provides 20 or more parking spaces shall have access
driveways that are not intersected by a parking aisle, parking space, or another
access driveway for a minimum distance of 20 feet from the street right-of-way,
to provide a queuing or stacking area for vehicles entering and exiting the
parking area (See Figure _____)
Figure _____: Non-impeded access driveway.
d) A minimum unobstructed clearance height of 14 feet shall be maintained above
areas accessible to vehicles within nonresidential developments.
iii) Parking Space Dimensions.
a) Each parking space and aisle shall comply with the minimum dimensions in
Table _____ as illustrated in Figure _______.
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Figure _______: Parking space and aisle requirements based on angle of parking.
b) When the length of a parking space abuts a column, fence, wall, or other
obstruction, the required width of the entire parking space shall be increased by
at least one foot.
c) The required length of a parking space shall not provide for a vehicle
overhanging a landscaped area or walkway.
iv) Use of Compact Vehicle Spaces.
a) This subsection provides for the establishment of compact vehicle spaces as an
alternative to full sized spaces.
b) For parking lots with 50 or more spaces, a minimum of five percent of the total
spaces shall be designed for compact vehicle spaces.
Table ______: Parking Space and Aisle Dimensions
Angle of Parking
(degrees)
One-Way
Maneuvering
Aisle Width
(Feet)
“A”
Two-Way
Maneuvering
Aisle Width
(Feet)
“A”
Parking Stall Width
(Feet)
“B”
Parking Stall Length
(Feet)
“C”
Compact
Size
Low
Turnover
Full
Size
Compact
Size
Low
Turnover Full Size
0 o – Parallel 12 20 8 8.5 9 18 22 22
30 o – 53o 14 20 8 8.5 9 16 20 20
54 o – 75 o 18 22 8 8.5 9 16 20 20
76 o – 90 o 22 24 8 8.5 9 16 18 18
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c) A maximum of 20 percent of spaces in any single parking lot may be dedicated
to compact parking spaces.
d) Compact spaces shall be clearly labeled for “compact cars” and grouped
together in one or more locations or at regular intervals so that only compact
vehicles can easily maneuver into the space.
e) Existing developments that wish to utilize this section to create additional
parking spaces (e.g., either by adding land area to an existing parking lot or
modifying an existing parking lot to gain more spaces) shall first apply for a
zoning certificate or site plan review, whichever is applicable.
f) The minimum off-street parking dimensions for compact vehicle spaces shall
be as identified in Table ______.
g) When the length of a compact parking space abuts a column, fence, wall, or
other obstruction, the required width of the entire parking space shall be
increased by at least one foot.
v) Low Turnover Parking. This subsection allows for the establishment of narrower
parking spaces in locations where the typical user parks for more than two hours.
a) The zoning administrator shall determine whether the proposed low turnover
spaces are consistent with the stated purpose of this subsection.
b) Existing developments that wish to utilize this section to create additional
parking spaces (e.g., either by adding land area to an existing parking lot or
modifying an existing parking lot to gain more spaces) shall first apply f or a
zoning certificate or site plan review, whichever is applicable.
c) The minimum off-street parking dimensions for low turnover parking spaces
shall be as identified in Table ______.
vi) Surfacing.
a) Within all zoning districts, parking lots and driveways shall be paved and
permanently maintained with asphalt, concrete, or approved paving units.
b) Parking lots and driveways may be constructed with the use of other all-weather
surfacing as determined to be appropriate by the city engineer, where it is first
determined that a surface other than asphalt or concrete is consistent with the
driveways of similar properties in the vicinity, and that the alternate surface will
not impair accessibility for emergency vehicles.
c) The grade elevation of any parking area shall not exceed ten percent.
vii) Striping and Identification.
a) Parking spaces shall be clearly outlined with four-inch wide lines painted on
the parking surface.
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b) The striping shall be continuously maintained in a clear and visible manner in
compliance with the approved plans.
c) The color of the striping shall be white or yellow, unless required by state law
(e.g., parking for the disabled).
viii) Grading and Drainage.
a) All grading plans relating to the parking facilities shall be reviewed and
approved by the city engineer before any work can commence.
b) All off-street parking facilities shall be properly graded and drained so as to
dispose of all surface water accumulated within the area of the parking lot.
c) In no instance shall a storm drainage facility be designed to allow the flow of
water into abutting property without an approved easement.
ix) Curbing.
a) The purpose of curbing is to minimize storm water runoff, protect building and
parking lot edges, and increase the survivability of plants. The following
standards are applicable to curbing:
i. Except for 1-family and 2-family dwellings, all parking lots shall have cast-
in-place concrete barrier curb and gutter around the perimeter of the entire
parking lot. The curb shall be at least 6 inches wide and the gutter shall be
at least 12 inches wide. This minimum standard is typically referred to as
“B6-12” curb and gutter.
x) Sight Distances. Adequate sight distances for vehicles and pedestrians shall be
provided for parking lots.
xi) Parking Lot Landscaping. Requirements for parking lot landscaping are provided
in the Crystal City Code, section ______.
xii) Parking Lot Lighting. If exterior lighting is proposed in the parking plan, the
lighting shall meet the requirements as provided in the Crystal City Code, section
______.
xiii) Pedestrian Connections. When feasible, the parking plan shall show pedestrian
connections within the property and to existing or planned public sidewalk and trail
connections.
xiv) Deviation from Standards Requires a Detailed Study. No proposed parking layout
which deviates from the standards identified in this section and which could create
a safety hazard(s) shall be allowed unless the developer provides a detailed report
or study prepared by a registered transportation engineer who demonstrates that the
parking layout is a viable alternative and is consistent with the purpose of this
section. This alternative plan is subject to the approval of the city engineer.
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xv) Maintenance. All parking spaces, driveways, and striping shall be continually
maintained in a clean and orderly manner and kept in good repair.
520.15. Loading Space Requirements.
Subd. 1. Purpose. The purpose of these requirements is to provide design standards for
loading spaces if such spaces are proposed by a property owner.
Subd. 2. Prohibition. Loading spaces are prohibited in all residential zoning districts.
Subd. 3. General Design Standards. Loading spaces shall be designed, constructed, and
maintained in accordance with the standards and requirements set forth below:
(a) Location of Required Loading Spaces. Loading spaces shall be:
i) As near as possible to the main structure and limited to the rear two -thirds of the
parcel, if feasible;
ii) Situated to ensure that the loading facility is screened from adjacent streets;
iii) Situated to ensure that loading and unloading takes place on-site and in no case
faces a public street, or is located within a required front or street side setback,
adjacent public right-of-way, or other on-site traffic circulation areas;
iv) Situated to ensure that all vehicular maneuvers occur on-site. The loading areas
shall allow vehicles to enter from and exit to a public street in a forward motion
only;
v) Situated so that trucks parking in them will not encroach onto the public right-of-
way or into required parking spaces or driveways. Loading spaces designed for
larger trucks shall have appropriately larger access to allow maneuvering without
encroaching into landscaped areas; and
vi) Situated to avoid adverse impacts upon neighboring residential properties.
(b) Lighting. Loading areas shall have lighting capable of providing adequate illumination
for security and safety; lighting shall also comply with the requirements as provided in
the Crystal City Code, section ______.
(c) Striping. Loading spaces shall be striped and identified for "loading only." This striping
and notation shall be continuously maintained in a clear and visible manner in
compliance with the approved plans.
520.17. Surface Water, Drainage and Erosion Control.
Subd. 1. Purpose. These regulations are intended to result in the effective management of
surface water run-off by improving surface water quality and minimizing public expenditures
needed to protect the community from water quality problems.
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Subd. 2. Applicability. Except as provided for in this subsection, these requirements are
applicable for subdivision or lot consolidation applications, site plans, conditional use permits,
building permits, or other land disturbing activities on existing properties.
Subd. 3. Exemptions. The provisions of this section do not apply to:
(a) Any part of a subdivision if a plat for the subdivision has been approved by the city
council on or before the effective date of this UDC;
(b) Any land disturbing activity for which plans have been approved by the watershed
management organization within six months prior to the effective date of this UDC;
(c) A lot for which a building permit has been approved on or before the effective date of
this UDC;
(d) Installation of fence, sign, telephone, and electric poles and other kinds of posts or
poles; or
(e) Emergency work to protect life, limb, or property.
Subd. 4. Storm water management plan. When a subdivision or lot consolidation
application is submitted, the applicant shall include a storm water management plan, unless this
requirement is waived by the city engineer. The plan shall contain the following information.
(a) Existing site map. A map of existing site conditions showing the site and immediately
adjacent areas, including:
i) The street address, property identification number or legal description of the subject
property;
ii) North point, date, scale of drawing, and number of sheets;
iii) Existing topography with a contour interval appropriate to the topography of the
land but in no case having a contour interval greater than two feet;
iv) A delineation of all streams, rivers, public waters and wetlands located on and
immediately adjacent to the site, including depth of water, a description of all
vegetation which may be found in the water, a statement of general water quality
and any classification given to the water body or wetland by the Minnesota
Department of Natural Resources, the Minnesota Pollution Control Agency, and/or
the United States Army Corps of Engineers;
v) Location and dimensions of existing storm water drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which
direction and at what rate storm water is conveyed from the site, identifying the
receiving stream, river, public water, or wetland, and setting forth those areas of the
unaltered site where storm water collects;
vi) A description of the soils of the site, including a map indicating soil types of areas
to be disturbed as well as a soil report containing information on the suitability of
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the soils for the type of development proposed and for the type of sewage disposal
proposed and describing any remedial steps to be taken by the developer to render
the soils suitable:
vii) Vegetative cover and clearly delineating any vegetation proposed for removal; and
viii) 100-year floodplains, flood fringes and floodways.
(b) Site construction plan. A site construction plan including:
i) Locations and dimensions of all proposed land disturbing activities and any phasing
of those activities;
ii) Locations and dimensions of all temporary soil or dirt stockpiles;
iii) Locations and dimensions of all construction site erosion control measures
necessary to meet the requirements of this section;
iv) Schedule of anticipated starting and completion date of each land disbursing
activity including the installation of construction site erosion control measures
needed to meet the requirements of this section; and
v) Provisions for maintenance of the construction site erosion control measures during
construction.
(c) Plan of final site conditions. A plan of final site conditions on the same scale as the
existing site map showing the site changes including:
i) Finished grading shown at contours at the same interval as provided above or as
required to clearly indicate the relationship of proposed changes to existing
topography and remaining features;
ii) A landscape plan, drawn to an appropriate scale, including dimensions and
distances and the location, type, size and description of all proposed landscape
materials which will be added to the site as part of the development;
iii) A drainage plan of the developed site delineating in which direction and at what
rate storm water will be conveyed from the site and setting forth the areas of the
site where storm water will be allowed to collect;
iv) The proposed size, alignment and intended use of any structures to be erected on
the site;
v) A clear delineation and tabulation of all areas which shall be paved or surfaced,
including a description of the surfacing material to be used; and
vi) Any other information pertinent to the particular project which in the opinion of the
applicant is necessary for the review of the project.
Subd. 5. Approval standards. The storm water management plan shall address the following
standards, unless waived by the city engineer.
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i) Impact on adjacent properties. No land disturbance shall be permitted that results
in water run-off causing flooding, erosion, or deposit of minerals on adjacent
properties. Such run-off shall be properly channeled into a storm drain,
watercourse, pond area, or other public facilities. Any change in grade affecting
water run-off onto adjacent property must be approved by the city engineer.
ii) Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-
cyclones, swirl concentrators or other appropriate controls. Water may not be
discharged in a manner that causes erosion or flooding of the site or receiving
channels or a wetland.
iii) Waste and material disposal. All waste and unused building materials (including
garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous
materials) shall be properly disposed of off-site and not allowed to be carried by
runoff into a receiving channel or storm sewer system.
iv) Tracking. Each site shall have graveled roads, access drives and parking areas of
sufficient width and length to prevent sediment from being tracked onto public or
private roadways. Any sediment reaching a public or private road shall be removed
by street cleaning (not flushing) before the end of each workday.
v) Drain inlet protection. All storm drain inlets shall be protected during construction
until control measures are in place with a straw bale, silt fence or equivalent barrier
meeting accepted design criteria, standards and specifications contained in the
MPCA publication “Protecting Water Quality in Urban Areas.”
vi) Site erosion control. The following criteria apply only to construction activities that
result in runoff leaving the site:
a) Channelized runoff from adjacent areas passing through the site shall be
diverted around disturbed areas, if practical. Otherwise, the channel shall be
protected as described below. Sheetflow runoff from adjacent areas greater than
10,000 square feet in area shall also be diverted around disturbed areas, unless
shown to have resultant runoff rates of less than 0.5 ft./sec. across the disturbed
area for the one year storm. Diverted runoff shall be conveyed in a manner that
will not erode the conveyance and receiving channels.
b) All activities on the site shall be conducted in a logical sequence to minimize
the area of bare soil exposed at any one time.
c) Runoff from the entire disturbed area on the site shall be controlled by meeting
either subsections 1 and 2 below or 1 and 3 below.
i. All disturbed ground left inactive for 14 or more days shall be stabilized by
seeding or sodding, or by mulching or covering or other equivalent control
measure.
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ii. For sites with more than ten acres disturbed at one time, or if a channel
originates in the disturbed area, one or more temporary or permanent
sedimentation basins shall be constructed. Each sedimentation basin shall
have a surface area of at least 1% of the area draining to the basin and at
least three feet of depth and constructed in accordance with accepted design
specifications. Sediment shall be removed to maintain a depth of three feet.
The basin discharge rate shall also be sufficiently low as to not cause erosion
along the discharge channel or the receiving water.
iii. For sites with less than ten acres disturbed at one time, silt fences, straw
bales, or equivalent control measures shall be placed along all sideslope and
downslope sides of the site. If a channel or area of concentrated runoff
passes through the site, silt fences shall be placed along the channel edges
to reduce sediment reaching the channel. The use of silt fences, straw bales,
or equivalent control measures must include a maintenance and inspection
schedule.
d) Any soil or dirt storage piles containing more than ten cubic yards of material
should not be located with a downslope drainage length of less than 25 feet
from the toe of the pile to a roadway or drainage channel. If remaining for more
than seven days, they shall be stabilized by mulching, vegetative cover, tarps,
or other means. Erosion from piles which will be in existence for less than seven
days shall be controlled by placing straw bales or silt fence barriers around the
pile. In-street utility repair or construction soil or dirt storage piles located
closer than 25 feet of a roadway or drainage channel must be covered with tarps
or suitable alternative control, if exposed for more than seven days, and the
stormdrain inlets must be protected with straw bale or other appropriate filtering
barriers.
520.19 Storm water management criteria for permanent facilities.
Subd. 1. Installation. An applicant shall install or construct, on or for the proposed land
disturbing or development activity, all storm water management facilities necessary to manage
increased runoff so that (1) the two-year, ten-year, and 100-year storm peak discharge rates
existing before the proposed development shall not be increased, and (2) accelerated channel
erosion will not occur as a result of the proposed land disturbing or development activity. An
applicant may also make an in-kind or monetary contribution to the development and maintenance
of community storm water management facilities designed to serve multiple land disturbing and
development activities undertaken by one or more persons, including the applicant.
Subd. 2. Design. The applicant shall give consideration to reducing the need for storm
water management facilities by incorporating the use of natural topography and land cover such
as wetlands, ponds, natural swales and depressions as they exist before development to the degree
that they can accommodate the additional flow of water without compromising the integrity or
quality of the wetland or pond.
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Subd. 3. Best Management Practices. The following storm water management practices
shall be investigated in developing a storm water management plan in the following descending
order of preference:
(a) Natural infiltration of precipitation on-site;
(b) Flow attenuation by use of open vegetated swales and natural depressions;
(c) Storm water retention facilities; and
(d) Storm water detention facilities.
Subd. 4. A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in subsection a) above. Justification shall be provided by
the applicant for the method selected.
520.21. Design standards.
Subd. 1. Detention Facilities. Storm water detention facilities constructed in the city of
Crystal shall be designed according to the most current technology as reflected in the MPCA
publication “Protecting Water Quality in Urban Areas”, and shall contain, at a minimum, the
following design factors:
(a) A permanent pond surface area equal to 2% of the impervious area draining to the pond
or 1% of the entire area draining to the pond, whichever amount is greater;
(b) An average permanent pool depth of four to ten feet;
(c) As an alternative to subsections a) and b) above, the volume of the permanent pool
shall be equal to or greater than the runoff from a 2.0-inch rainfall for the fully
developed site.
(d) A permanent pool length – to – width ratio of 3:1 or greater;
(e) A minimum protective shelf extending ten feet into the permanent pool with a slope of
10:1, beyond which slopes should not exceed 3:1;
(f) A protective buffer strip of vegetation surrounding the permanent pool at a minimum
width of one rod (16.5 feet);
(g) All storm water detention facilities shall have a device to keep oil, grease, and other
floatable material from moving downstream as a result of normal operations.
(h) Storm water detention facilities for new development must be sufficient to limit peak
flows in each subwatershed to those that existed before the development for the ten
year storm event. All calculations and hydrologic models/information used in
determining peak flows shall be submitted along with the storm water management
plan;
(i) All storm water detention facilities must have a forebay to remove coarse-grained
particles prior to discharge into a watercourse or storage basin.
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Subd. 2. Wetlands.
(a) Runoff shall not be discharged directly into wetlands without presettlement of the
runoff.
(b) A protective buffer strip of natural vegetation at least 16.5 feet in width shall surround
all wetlands.
(c) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring
or creating wetland areas of at least equal public value. Replacement must be guided
by the allowing principles in descending order of priority.
i) Avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
ii) Minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;
iii) Rectifying the impact by repairing, rehabilitation, or restoring the affected wetland
environment;
iv) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
v) Compensating for the impact by replacing or providing substitute wetland resources
or environments.
Subd. 3. Steep slopes. No land disturbing or development activities shall be allowed on
slopes of 18% or more.
Subd. 4. Catch basins. All newly installed and rehabilitated catch basins shall be provided
with a sump area for the collection of coarse-grained material. Such basins shall be cleaned when
they are half filled with material.
Subd. 5. Drain leaders. All newly constructed and reconstructed buildings will route drain
leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow rate of water
exiting the leaders shall be controlled so no erosion occurs in the pervious areas.
Subd. 6. Inspection and maintenance. All storm water management facilities shall be
designed to minimize the need of maintenance, to provide access for maintenance purposes and to
be structurally sound. All storm water management facilities shall have a plan of operation and
maintenance that assures continued effective removal of pollutants carried in storm water runoff.
The director of public works, or designated representative, shall inspect all storm water
management facilities during construction, during the first year of operation, and at least once
every five years thereafter. The inspection records will be kept on file at the public works
department for a period of six years. It shall be the responsibility of the applicant to obtain any
necessary easements or other property interests to allow access to the storm water management
facilities for inspection and maintenance purposes.
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Subd. 7. Models/methodologies/computations. Hydrologic models and design
methodologies used for the determination of runoff and analysis of storm water management
structures shall be approved by the public works director. Plans, specification and computations
for storm water management facilities submitted for review shall be sealed and signed by a
registered professional engineer. All computations shall appear on the plans submitted for review,
unless otherwise approved by the public works director.
Subd. 8. Watershed management plans and groundwater management plans. Storm water
management plans shall be consistent with adopted watershed management plans and groundwater
management plans prepared in accordance with Minnesota Statutes, section 103B.231 and
103B.255 respectively, and as approved by the Minnesota Board of Water and Soil Resources in
accordance with state law.
Subd. 9. Easements. If a storm water management plan involves direction of some or all
runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property
owners any necessary easements or other property interests concerning flowage of water.
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Section 525
Subdivision of Land
525.01. Subdivision of Land.
Subd. 1. Basic Subdivision Requirements. The city hereby adopts subdivision regulations,
the authority of which is provided for in Minn. Stat. 462.358. The city finds that regulation of the
subdivision of real property in the city is necessary for the following purposes:
(a) to insure the orderly, economic, and safe development of land in the city;
(b) to insure the adequate and timely provision of urban services and facilities; and
(c) to protect and promote the public health, safety, and welfare.
Subd. 2. Subdivision Approval Required.
(a) Subdivision approval, in compliance with the provisions of this section shall occur as
follows:
i) Lot consolidations as provided in the Crystal City Code, section ____.
ii) Subdivisions as provided in the Crystal City Code, section ____.
iii) Those properties for which Minnesota condominium law, Minn. Stat. 515 applies.
(b) Exemption
i) Subdivision approval is not required for adjacent parcel land conveyances as
provided in the Crystal City Code, section ____.
(c) Restrictions
i) No lot, parcel, or tract created after the effective date of this code shall be issued a
building permit unless the lot, parcel or tract has been created in compliance with
the subdivision regulations of the city.
ii) No building permits shall be issued for a habitable structure proposed to be located
on an outlot.
iii) Land will not be subdivided if the Council determines that the land is unsuitable for
development because of flood hazard unless corrective measures consistent with
subsection ______can be feasibly accomplished.
iv) A proposed subdivision of land will be considered by the city unless past due
special assessments thereon have been paid in full or arrangements for their
payment satisfactory to the city have been made.
525.03. Development Agreement Required
Subd. 1. Purpose. It is the purpose of this section to ensure that a subdivider follows the
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conditions of approval and properly installs the basic improvements required in a plat. Whenever
a subdivision includes any public improvements or other conditions of approval, the subdivider
shall enter into a development agreement with the city, setting forth the conditions under which
the subdivision has been approved.
Subd. 2. Required Improvements.
(a) Basic Improvements. All of the following required improvements to be installed under
the provisions of this section shall be designed and constructed in accordance with the
design standards of this section and the current version of city’s engineering standard
specifications, which are adopted herein by reference, and approved by and subject to
the inspection of the city engineer prior to approval:
i) Streets, including curb and gutter;
ii) Sanitary sewer;
iii) Watermain;
iv) Surface water facilities (pipes, ponds, rain gardens, and similar improvements);
v) Grading and erosion control;
vi) Sidewalks/trails;
vii) Street lighting;
viii) Street signs and traffic control signs;
ix) Street trees;
x) Tree preservation;
xi) Wetland mitigation and buffers;
xii) Monuments required by Minnesota Statutes; and
xiii) Miscellaneous facilities or other elements defined by the guiding documents.
(b) Other Improvements. The subdivider shall arrange for the installation of private utilities
including but not limited to telecommunications cabling, electrical and natural gas
service.
Subd. 3. Installation of Basic Improvements.
(a) The subdivider shall arrange for the installation of all required improvements in the
development subject to the development agreement. All of the city’s expenses incurred
as the result of the required improvements shall be paid to the city by the subdivider
including but not limited to legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the plat, the preparation of the
development agreement, review of construction plans and documents, and all costs and
expenses incurred by the city in monitoring and inspecting development of the plat.
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The subdivider shall reimburse the city for costs incurred in the enforcement of the
development agreement, including engineering and attorneys' fees.
(b) The city council reserves the rights to, in its sole discretion, elect to install all or any
part of the basic improvements required under the provisions of this section and assess
the costs to the benefiting property owners pursuant to Minn. Stat., Chapter 429, as
may be amended.
(c) Unless a grading permit has been issued by the city, within the plat or land to be platted,
the subdivider may not grade or otherwise disturb the earth, remove trees, construct
sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings within the plat or land to be platted until all the following conditions have
been satisfied:
i) The development agreement has been fully executed by both parties and filed with
the city clerk;
ii) The necessary security has been received by the city;
iii) The plat has been filed with the county recorder's office;
iv) The construction plans have been approved and signed by the city engineer; and
v) The city has issued a letter that all conditions have been satisfied and that the
subdivider may proceed.
a) The improvements shall be installed in accordance with this UDC, city standard
specifications for utilities and street construction, and the city’s engineering
standard specifications. The subdivider shall submit plans and specifications
that have been prepared by a competent registered professional engineer to the
city for approval by the city engineer. The city shall, at the subdivider's expense,
provide all on-site inspection and soil testing to certify that the construction
work meets the city’s standards and approved plans.
b) All labor and work shall be done and performed in a professional manner and
in strict conformance with the approved plans and specifications. No deviations
from the approved plans and specifications will be permitted unless approved
in writing by the city engineer. The subdivider shall not do any work or furnish
any materials not covered by the plans and specifications and special conditions
of this development agreement, for which reimbursement is expected from the
city, unless such work is first ordered in writing by the city engineer as provided
in the specifications.
Subd. 4. Time of Performance.
(a) The subdivider shall complete all required basic improvements no later than one year
following the commencement of work on the improvements, except:
i) Where weather precludes completion;
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ii) For street lighting;
iii) For landscaping; and
iv) For the wearing course of streets.
(b) Where weather precludes completion, the timeline for completion of the improvements
may be extended up to an additional six months.
(c) The subdivider shall complete street lighting within two years following the initial
commencement of work on the required basic improvements.
(d) The subdivider shall complete landscaping by the development phase within 90 days
following the issuance of a building permit for the last vacant lot within a phase unless
weather precludes completion, in which case the landscaping shall be completed at the
outset of the next growing season.
(e) Neither curb and gutter nor bituminous pavement shall be installed between November
15, and April 15. The final wear course on streets shall be installed between May 15
and October 1 the first summer after the base layer of asphalt has been in place one
freeze thaw cycle. Any deficiencies in the base asphalt, curb or other improvements
must be repaired by the subdivider at its own cost prior to final paving. The subdivider
may, however, request an extension of time from the city. If an extension is granted, it
shall be conditioned upon updating the security posted by the subdivider to reflect cost
increases and the extended completion date. Final wear course placement outside of
this time frame must have the written approval of the city engineer.
Subd. 5. Financial Guarantees.
(a) Subsequent to execution of the development agreement but prior to approval of a signed
final plat for recording, the subdivider shall provide the city with a financial guarantee
in the form of a letter of credit from a bank, cash escrow, or other form of security
acceptable to the city. A letter of credit or cash escrow shall be in an amount as
determined by the city engineer.
(b) It shall be the responsibility of the subdivider to insure that a submitted financial
guarantee shall continue in full force and effect until the city engineer has approved
and the city council has accepted all of the required improvements. The city engineer
thereby is authorized to release the guarantee or reduce the amount of the guarantee as
provided in the Crystal City Code, section ____ upon Approval and Acceptance of
Basic Improvements.
(c) When any instrument submitted as a financial guarantee contains provision for an
expiration date, after which the instrument may not be drawn upon, notwithstanding
the status of the development agreement or of the required improvements, the
expiration date shall be December 31 or the closest business day in the case of
weekends and legal holidays. Further, the financial guarantee shall be deemed
automatically extended without change for six months from the expiration date unless
60 days prior to the expiration date the financial institution notifies the city in writing
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by certified mail that it does not elect to renew the financial guarantee for an additional
period. If the instrument is not to be renewed and has not been released by the city
engineer, another acceptable financial guarantee in the appropriate amount shall be
submitted at least 60 days prior to the expiration. The term of any extension shall be
approved by the city engineer and subject to the requirements of this section. Upon
receipt of an acceptable substitute financial guarantee, the city engineer may release
the original guarantee.
Subd. 6. Forms of Financial Guarantees.
(a) Letter of Credit.
i) If the subdivider posts a letter of credit as a guarantee, the credit shall:
a) Be irrevocable;
b) Be from a bank approved by the city;
c) Be in a form approved by the city;
d) Be for a term sufficient to cover the completion, maintenance and warranty
periods identified in this section; and
e) Require only that the city present the credit with a sight draft and an affidavit
signed by the city manager or the city manager’s designee attesting to the city’s
right to draw funds under the credit.
(b) Cash Escrow.
i) If the subdivider posts a cash escrow as a guarantee, the escrow instructions
approved by the city shall provide that:
a) The subdivider will have no right to a return of any of the funds except as
provided in Section 5.1.4(G), Approval and Acceptance of Basic
Improvements; and
b) The escrow agent shall have a legal duty to deliver the funds to the city
whenever the city manager presents an affidavit to the agent attesting to the
city’s right to receive funds whether or not the subdivider protests that right.
ii) Cash.
a) A cash deposit made with the city finance department may be used as part of
the required financial guarantee in those instances where the subdivider elects
to have the city install some or all of the public improvements.
iii) Amounts of Financial Guarantees.
a) The subdivider shall submit either a financial guarantee in one of the forms
listed in Section 5.1.4(E)(4), Forms of Financial Guarantees, for an amount
determined by the city engineer in accordance with the following:
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iv) Subdivider-Installed Improvements.
a) For basic improvements to be installed by the subdivider, the required financial
guarantee shall include all of the following fixed or estimated costs:
i. Costs of the basic improvements identified in Section 5.1.4(B)(1), Basic
Improvements.
ii. Engineering, to include subdivider’s design, construction management,
surveying, inspection, and drafting.
iii. Twenty-five percent contingency or add-on to the costs in paragraphs (i)
and (ii) above; and
iv. Estimated cost of energy for street lights for the first two years of operation.
v) City Installed Improvements.
a) For basic improvements to be installed by the city, the required financ ial
guarantee shall be the sum of the following fixed or estimated costs:
i. A cash deposit in an amount equal to 25 percent of the estimated cost of
installing the specified public improvements as determined by the city
engineer, which costs would include charges incurred by the city for legal,
planning, engineering and administration associated with the installation
project(s). The deposit shall be applied to the costs of such installations,
with the remainder of the costs specially assessed, in the manner provided
by Minnesota Statutes, over a period of ten years together with interest
thereon.
ii. In lieu of the cash deposit, the subdivider may elect to have the city provide
100 percent of the cost of such installations, which costs shall be assessed
over a period of ten years. In such event, the subdivider shall post a letter of
credit for 60 percent of the cost of assessments, which letter of credit shall
be released after the subdivider pays the principal and interest on said
assessments for two years and which letter of credit shall be separate from
any other letters of credit associated with the subdivider’s project.
Subd. 7. Other Cash Requirements. The subdivider will be responsible for additional cash
requirements which must be furnished to the city at the time of final plat approval. The subdivider
shall not proceed with any improvements until these cash requirements have been paid to the city.
The cash requirements may include:
(a) Park dedication fees (See Section ______);
(b) Utility charges and fees. This may include sewer availability charges (SAC), water
availability charges (WAC), and trunk fees;
(c) Special assessments including interest;
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(d) The city’s legal, engineering administration, and construction observation fees;
(e) Costs associated with traffic control and street signs to be installed in the plat by the
city;
(f) Map upgrade fee; and
(g) Other charges or fees as determined by the city.
Subd. 8. Approval and Acceptance of Basic Improvements.
(a) Upon receipt of proof satisfactory to the city engineer that work has been c ompleted
and financial obligations to the city have been satisfied, with city engineer approval the
security may be reduced from time to time by 90 percent of the financial obligations
that have been satisfied. Ten percent of the amounts certified by the subdivider's
engineer shall be retained as security. Reductions in the financial guarantee shall be
considered only after underground utilities are tested and found to be satisfactory and
again after the base bituminous layer has been placed.
(b) The financial guarantee shall be held by the city until, upon written notice by the
subdivider and certification from a professional engineer that all of the required
improvements have been completed and upon verification of such by the city staff, a
portion or the entire financial guarantee is released by the city engineer. No financial
guarantee shall be released in full until the following has occurred:
i) All improvements have been completed and public improvements have been
accepted by the city engineer.
ii) Iron monuments for lot corners have been installed.
iii) All financial obligations to the city have been satisfied.
iv) Reproducible record plans of all public improvements as required by the city
engineer have been furnished to the city by the subdivider. Such record plans shall
be certified to be true and accurate by the registered engineer responsible for the
installation of the improvements.
v) A warranty/maintenance guarantee has been provided as described in Section
5.1.4(H), Warranty/Maintenance Guarantee.
vi) A title insurance policy approved by the city attorney indicating that the
improvements are free and clear of any and all liens and encumbrances.
Subd. 9. Warranty/Maintenance Guarantee.
(a) The subdivider shall submit either a warranty/maintenance bond or a letter of credit for
an amount determined by the city engineer.
i) The required warranty period for materials and workmanship from the utility
contractor installing public sewer and water mains shall be two years from the date
of final written city acceptance of the work.
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ii) The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be
subject to one year from the date of final written acceptance, unless the wearing
course is placed during the same construction season as the bituminous base course.
In those instances, the subdivider shall guarantee all work, including street
construction, concrete curb and gutter, sidewalks and trails, material and equipment
for a period of two years from the date of final written city acceptance of the work.
iii) The required warranty period for trees and landscaping is one growing season
following installation.
iv) The required warranty period for erosion control will be as established in the
development agreement.
Subd. 10. Insurance. The subdivider shall take out and maintain or cause to be taken out
and maintained until six months after the city has accepted the public improvements, public
liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of subdivider's work or the work of its subcontractors or by
one directly or indirectly employed by any of them. Limits for the coverage shall be in accordance
to the city’s current requirements. The city shall be named as an additional insured on the policy,
and the subdivider shall file with the city a certificate evidencing coverage prior to the city signing
the plat. The certificate shall provide that the city must be given ten days advance written notice
of the cancellation of the insurance.
525.05. Subdivision Design Standards.
Subd. 1. General Standards. Each subdivision created after the effective date of this UDC
shall be designed in compliance with the standards of this section, unless a variance is granted in
compliance with Section ______.
Subd. 2. Sidewalks, Pathways, and Trails. Sidewalk, pathways, trails, and other pedestrian
connections shall be required in accordance with the city’s Comprehensive Plan.
Subd. 3. Monuments.
(a) Official permanent monuments shall be placed as required by Minn. Stat. §505.021 (as
may be amended).
(b) All monument markers shall be correctly in place upon final grading and installation
of utilities.
(c) The city will not issue building permits for a lot within a plat until monuments have
been placed for that lot.
(d) All United States, state, county or other official bench marks, monuments or
triangulation stations in or adjacent to the property shall be preserved in precise
position.
Subd. 4. Subdivision Names. The proposed name of the subdivision shall not duplicate or
too closely approximate phonetically, the name of any other subdivision in the city or county. The
city shall have final authority to designate the name of the subdivision.
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Subd. 5. Street Names. If applicable, street names shall be a continuation of the names of
previously constructed streets. The city shall have final authority to designate street names in order
to avoid confusion to the traveling public.
Subd. 6. Easements. Easements shall be dedicated on the plat instrument for the required
use.
Subd. 7. Debris and Waste.
(a) No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or
other waste materials of any kind shall be buried in any land, or left or d eposited on
any lot or street at the time of the issuance of a certificate of occupancy, and removal
of those items and materials shall be required prior to issuance of any certificate of
occupancy in a subdivision. No items and materials as described in the preceding
sentence shall be left or deposited in any area of the subdivision at the time of expiration
of the development agreement or dedication of public improvements, whichever occurs
sooner.
Subd. 8. Open Space and Natural Features.
(a) Natural features (including views, significant trees, creeks, and similar features) shall
be preserved and incorporated into proposed development to the greatest extent
feasible.
(b) Development on hillsides shall generally follow the natural terrain contour. Stepped
building pads, larger lot sizes, and setbacks shall be used to preserve the general shape
of natural land forms and to minimize grade differentials with adjacent streets and with
adjoining properties.
Subd. 9. Lot and Block Design.
(a) Lot Dimensions.
i) All lot dimensions shall comply with the standards of the applicable zoning district
in this UDC. Depth and width of properties reserved or laid out for commercial,
office or industrial purposes shall be adequate to provide for the off -street parking
and loading facilities required for the type of use contemplated, as established in
this UDC. (See Table _____)
ii) No subdivision shall be designed to leave unsubdivided islands, strips or parcels,
or property unsuitable for subdividing, which is not either accepted by the city or
other appropriate entity for public use, or maintained, as common area within the
development.
(b) Lot Arrangement.
i) The lot arrangement shall be such that there will be no foreseeable difficulties, for
reasons of topography or other conditions, in securing building permits to build on
all lots in compliance with this UDC. In addition, all lots shall abut and have direct
access to an improved public street.
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(c) Street Frontage Required.
i) Each proposed parcel shall have frontage on a public street. The frontage width
shall be the lot width required by the applicable zoning district.
(d) Side Lot Lines.
i) Side lines of lots shall be substantially at right angles to street lines and substantially
radial to curved street lines, unless an alternative layout will result in a better street
or lot plan.
(e) Corner Lots.
i) Corner lots shall be of sufficient width and depth to comply with the required
minimum building setback from both streets, as established in this UDC.
(f) Through Lots.
i) No parcel shall have streets abutting both the front and rear lot lines, except when
necessary because of topographical or other physical conditions or where access
from one of the roads is prohibited. An alley is not considered a street for the
purposes of this section.
ii) Vehicular access onto a through lot shall generally be from the public street with
the lowest existing and projected traffic volumes, but with each proposed building
designed so that its primary façade faces the higher volume street. Authorization
may be given by the city for alternative access locations where appropriate because
of localized traffic conditions, and/or nearby residential areas that would be
adversely affected by increased traffic.
(g) Lots Abutting Water.
i) Lots abutting a water body, wetland, drainage way, channel, stream or pond shall
be of sufficient width and depth and at the elevation needed to assure that building
sites are not subject to flooding. The platting of lots within the floodplain is subject
to the requirements in Section ___.
(h) Blocks.
i) A block shall normally be so designed as to provide two tiers of lots, unless it
adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other
natural feature, where it may have a single tier of lots.
ii) Block length and width shall be sufficient to accommodate the size of lots required
by this UDC and to provide for convenient access, circulation control and safety of
street traffic.
Subd. 10. Streets.
(a) General Requirements.
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i) Street Dedications
ii) A street that is not constructed to city standards will not be accepted by the city for
dedication as a public street.
iii) Topography and Arrangement
a) The arrangement, width, and location of all streets shall be considered in
relation to existing and planned streets, shall provide for reasonable traffic
circulation and traffic calming, and shall be appropriately located in relation to
topography, run-off of surface water, convenience and safety, and proposed
uses of the land to be served. Wherever possible, the arrangement of streets in
new subdivisions shall provide for the continuation of existing and planned
streets within and outside the proposed plat. Where adjoining lands are not
subdivided, the arrangement of streets shall make provision for the proper
projection of streets into adjoining lands by carrying the streets to the
boundaries of the plat. The arrangement of streets shall not cause hardship to
owners of adjoining property in platting their own land and providing
convenient access to it.
b) In commercial and industrial developments, the streets and other accessways
shall be planned in connection with the location of buildings, rail facilities,
truck loading and maneuvering areas, and sidewalks and parking areas so as to
minimize conflict of movement between the various types of traffic, including
pedestrian traffic.
(b) Grading and Improvement Plan.
i) The full width of the street right-of-way shall be graded and improved in
conformance with the city’s engineering standard specifications and the
construction plans submitted as part of the final plat application.
(c) Roadway and Access Offsets.
i) Roadways or other access points entering upon opposite sides of any given roadway
shall have their centerlines located directly opposite each other or the centerlines
located shall be offset at least 150 feet for local residential streets, and at least 200
feet for all other roadways. Driveways on local streets accessing one or two family
residential units are exempt from this requirement.
(d) Signs, Traffic Signs and Signals, and Street Lights.
i) Street signs of standard design approved by the city shall be installed at each street
intersection or at such other locations within the subdivision as designated by the
city engineer, in accordance with the Minnesota Manual on Uniform Traffic
Control Devices (MMUTCD).
ii) Traffic control signs pursuant to Minn. Stat.§169.06, where applicable, shall be
installed at locations within the subdivision as designated by the city engineer.
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iii) Turn lanes and traffic signals shall be installed at the expense of the subdivider
when required as a result of the proposed subdivision.
iv) Street lights shall be installed at all intersections and at other locations, as required
by the city engineer. All street lights within new subdivisions shall be on street light
poles meeting the standards of the city and shall be equipped with underground
electrical service, and shall conform to city lighting standards. The developer shall
pay to the city the energy cost for the first two years of operation, or until the
dwellings on all lots within the subdivision have been completed, whichever time
period is less.
(e) Sidewalks and Trails.
i) If required, sidewalks and trails shall be installed at the time a street is constructed
and shall meet the width requirements in city code section 800.01.
(f) Stub Streets and Cul-de-Sac Streets (Permanent and Temporary).
i) Stub streets shall be installed to permit future street extensions into adjoining tracts,
where appropriate. Signage may be provided indicating a future street connection.
Stub streets shall not exceed 150 feet in length. Where required by the city engineer
a temporary connection to another street, or a temporary turnaround, shall be
provided by the subdivider.
ii) The closed end of the cul-de-sac shall have a pavement width of 70 feet in diameter
and the overall length of the road shall not exceed 500 feet in length as measured
from the centerline of the nearest intersection to the closed end of the cul-de-sac.
iii) In those instances where a street is terminated pending future extension in
conjunction with future platting and its terminus is located 150 feet or more from
the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet
in diameter shall be provided at the closed end. Any portion of a temporary cul-de-
sac not located within the street right-of-way shall be placed in a temporary
roadway easement extending at least ten feet beyond the curb line of the temporary
cul-de-sac in all directions. No building permit shall be issued for any properties
containing or adjacent to a temporary cul-de-sac or roadway easement.
(g) Alleys and Private Streets.
i) Alleys may be established in the city under the following conditions:
a) The alleys are publicly owned and maintained;
b) The alleys shall be made of concrete; and
c) No home shall be oriented to face the alley; and
d) Alleys are permitted as a secondary access when the lots front on an arterial or
collector street.
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i. Private streets are prohibited.
Subd. 11. Street Design Standards.
(a) In order to provide for streets of suitable location, width, and general improvement to
accommodate prospective traffic and afford satisfactory access to police, firefighting,
snow removal, sanitation and road maintenance equipment, and to coordinate roads so
as to compose a convenient system and avoid undue hardships to adjoining properties,
all streets shall be subject to the standards of this section.
(b) Street types shall be established in the Comprehensive Plan.
(c) Street Surfacing and Improvements.
(d) After the subdivider has installed sewer and water, the subdivider shall construct
poured-in-place concrete sidewalks, curbs and gutters and shall surface streets to the
width prescribed in this section. The designer is encouraged to include techniques that
will direct surface water drainage to off-street areas. Types of pavement shall be as
prescribed in the city’s engineering standard specifications. Adequate provision shall
be made for culverts and drains. The portion of the right-of-way outside the area
surfaced shall be sodded or planted with other acceptable materials as approved by the
city engineer. All road pavement, shoulders, drainage improvements and structures,
curbs, turnarounds and sidewalks shall conform to all construction standards and
specifications in the city’s engineering standard specifications and shall be
incorporated into the construction plans required to be submitted by the subdivider for
final plat approval.
(e) Grading.
i) Streets shall be graded with at least 0.5 percent slope from the centerline to the curb
to maintain drainage.
ii) Arterial and collector streets shall have a maximum running grade of five percent.
iii) All other streets shall have a maximum running slope of seven percent, or as
determined by the city engineer.
(f) Street Intersection, Tangent, Deflection and Other Design Standards.
i) Street Intersections shall intersect at right angles and in no instance shall the angle
formed by the intersection be less than 60 degrees. Street intersections having more
than four corners shall be prohibited and the curb line at street intersections shall
have a radius not less than 15 feet.
ii) Street tangents of at least 150 feet shall be designed between reverse curbs on
collector streets and 100 feet on all local streets.
iii) When connecting street lines deflect from each other at a point of more than 10
degrees, they shall be connected by a curve with a radius adequate to insure a site
distance of no less than 500 feet for arterials, 300 feet for collectors, and 100 feet
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for local streets.
iv) Half streets and any corresponding right-of-way for half streets shall be prohibited.
Subd. 12. Sanitary Sewer, Water, and Other Utilities.
(a) The subdivider shall install adequate sanitary sewer and water facilities (including fire
hydrants) subject to the specifications in the city’s engineering standard specifications,
and the Recommended Standards for Water Works and the Recommended Standards
for Wastewater Facilities (known collectively as the “ten-state standards”).
(b) The subdivider shall install sanitary sewer, water mains and service connections,
stubbed to the lot line, meeting the minimum size requirements of the city and provided
to all lots in the subdivision. Where a subdivider is required to install sanitary sewer or
water mains that are larger than the minimum size as required by the city, the subdivider
will be compensated by the city for the cost differential for material only for the cost
of the minimum size sanitary sewer or water compared to the cost of the larger mains
installed.
(c) The subdivider shall extend sewer and water mains to the lot lines of abutting sites that
do not have public water service.
(d) Requirements for managing surface water, drainage and erosion control are located in
Section _____.
(e) All utility facilities, including but not limited to telecommunications cabling, natural
gas and electric power, shall be located underground. Whenever existing utility
facilities are located above ground, except when existing on public roads and right-of-
way, they shall be removed and placed underground.
(f) Unless approved otherwise by the city, a ten foot wide utility easement shall be required
along the front and rear property lines and a five foot wide utility easement shall be
required along the side lot lines of each lot, measured from the lot lines. Such easements
shall have continuity for alignment from block to block. Such easements shall also be
provided at deflection points for pole-line anchors where necessary.
Subd. 13. Parks, Trails, and Open Space Dedication.
(a) Purpose and Nexus, and Proportionality.
i) Purpose.
a) These requirements are established for the purpose of assisting with the
implementation of the city’s park master plan by providing for the orderly
development of recreation areas and the conservation of natural resources and
scenic beauty in the city. As a means to accomplish the goals in the plan, each
developer shall be required to dedicate land, or at the discretion of the city, pay
an equivalent cash payment in lieu of land dedication for parks and open space
acquisition and development. Since the city is considered fully developed, it is
likely that a cash payment in lieu of land dedication will be the method by which
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this requirement will be accomplished in most instances, although not to the
complete exclusion of a land dedication requirement.
ii) Nexus.
a) The city council finds that there is a rational nexus between the demands created
by the subdivision and related development of land and the need for parks,
trails, and open space areas.
iii) Proportionality.
a) Further, the city council herein establishes requirements for the dedication
and/or development of park land, trail improvements, and open space land that
is roughly proportionate to the demands created by the subdivision and
development of land resulting from such subdivision approval.
(b) Authority.
i) It is found and declared that, pursuant to Minn. Stat. §462.358, subd. 2b, it is
reasonable to require dedication of an amount of land for park, trails, or open space
or a cash payment in lieu of a land dedication.
(c) Dedication required.
i) The city may require that a portion of the buildable land to be divided be dedicated
to the public or preserved for public use as parks, playgrounds, trails, or open space.
“Buildable land” means the gross acreage of the property excluding wetlands
designated by federal or state agencies, wetlands classified by the Wetland
Conservation Act, as amended, or state or county rights of way. This dedication
requirement applies to subdivisions or lot consolidations , but not adjacent parcel
land conveyances.
ii) The requirement is not satisfied if the city determines that the land proposed for
dedication is unsuitable for public recreational use. The dedication required by this
section is in addition to dedication required for streets, roads, utilities, storm water
ponding areas, or similar utilities and improvements. Previously subdivided
property from which a park dedication has been received, being resubdivided with
the same number of lots, is exempt from park dedication requirements. If, as a result
of subdividing the property, the number of lots is increased, then the park dedication
fee applies only to the net increase of lots.
iii) Land dedicated under this section shall conform to the city’s comprehensive plan.
The amount of land required for dedication is based upon the buildable land area
and equals the land the city reasonably finds it will need to acquire for park or other
recreational purposes as a result of approval of the land division. Generally, 10%
of the buildable land area to be subdivided must be dedicated for residential
subdivisions and 5% for commercial and industrial subdivisions.
iv) Prior to the dedication of the required land pursuant to this section, the developer
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shall provide the city evidence of title in a form acceptable to the city attorney or a
title insurance policy insuring the city's interest in the property. In any dedication
of required land, the developer must have good and marketable title to the land, free
and clear of any mortgages, liens, encumbrances or assessments, except easements
or minor imperfections of title acceptable to the city.
v) When the city requires that a trail be constructed as part of the land dedication
requirement, this trail segment shall be interpreted by the city as basic infrastructure
and, therefore, the developer shall be required to pay for the construction of the trail
improvement. The construction specifications of trails shall be determined by the
city engineer and whenever possible, trails shall connect with existing trails and/or
walkways.
(d) Cash payment in lieu of dedication.
i) In most cases, the city will require a cash payment in lieu of land dedication. In
determining whether to require payment or dedication, the council will consider
such factors as whether park land is needed in the proposed location, whether the
proposed dedication is suitable for the intended use, and whether a cash payment
would be more beneficial to development of the entire park system. The required
cash payment is found in Table ______.
Table ____: Required cash payment
Land Use Required payment
Residential uses $1,000 per dwelling unit
Commercial/Industrial uses $5,000 per acre
Cash payments in lieu of dedication are payable before the city releases the final plat for recording.
The payment shall be placed in a special fund established by the city to be used solely for the purposes
of acquisition and development or improvement of parks, playgrounds, trails, or open space.
(e) Credit for private land.
i) A credit of up to 25% of the dedication requirements may be awarded for park and
open space that is to be privately owned and maintained by the future residents of
the subdivision. A credit will not be awarded unless the following conditions are
met:
a) private open space may not be occupied by nonrecreational buildings and must
be available for the use of all the residents of the proposed subdivision;
b) required building setbacks will not be included in computation of private open
spaces;
c) use of the private open space must be restricted for park, playground, trail, or
open space purposes by recorded covenants that (i) run with the land in favor
of future owners of property and (ii) cannot be eliminated without the consent
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of the city council;
d) Credit for private trail improvements shall only be given by the city when the
trail system connects to a public trail or walkway system; and
e) the private open space will be of a size, shape, location, topography, and
useability for park or recreational purposes, or contain unique features which
are important to be preserved; and
f) the private open space must reduce the demand for public recreational facilities
or public open space occasioned by development of the subdivision.
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Section 530
Signage
530.01. Findings, purpose and effect.
Subd. 1. Findings. The city council hereby finds as follows:
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a variety
of messages.
(c) Signs can create traffic hazards, aesthetic concerns and detriments to property values,
thereby threatening the public health, safety and welfare.
Subd. 2. Purpose and intent. It is not the purpose or intent of this section to regulate the
message displayed on any sign; nor is it the purpose or intent of this section to regulate any
building design or any display not defined as a sign, or any sign which cannot be viewed
from outside a building. The purpose and intent of this section is to:
(a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety and
welfare.
(b) Maintain, enhance and improve the aesthetic environment of the city by preventing
visual clutter that is harmful to the appearance of the community.
(c) Improve the visual appearance of the city while providing for effective means of
communication, consistent with constitutional guarantees and the city’s goals of public
safety and aesthetics.
(d) Provide for fair and consistent enforcement of the sign regulations set forth in this
section.
530.03. General Sign Requirements.
Subd. 1. Permit required. Unless exempted as defined in this subsection___, no sign shall
be erected, altered, reconstructed, maintained or moved in the city without first securing a permit
from the city. The content of the sign shall not be reviewed or considered in determining whether
to approve or deny a sign permit. Application for a permit shall be on a form provided by the city.
(a) Exemptions. The following signs shall not require a permit. These exemptions,
however, shall not be construed as relieving the owner of the sign from the
responsibility of its erection and maintenance, and its compliance with the provisions
of this UDC or any other law or ordinance regulating the same.
i) The changing of the display surface on a painted or printed sign only. This
exemption, however, shall apply only to poster replacement and/or on-site changes
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involving sign painting elsewhere than directly on a building.
ii) Small Signs.
iii) Governmental Signs.
Subd. 2. Prohibited signs. The following signs are prohibited:
(a) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or emergency
vehicle signal, or which attempts to direct the movement of traffic or which hides from
view or interferes with the effectiveness of any official traffic-control device or any
railroad sign or signal.
(b) All off-premise signs.
(c) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural
surfaces, or attached to public utility poles, bridges, towers, or similar public structures.
(d) Signs placed in the public right-of-way other than governmental signs and courtesy
bench signs regulated by chapter VIII, subsection 805.01.
(e) A sign, including unshielded display lighting, that obstructs or distracts the vision of
drivers or pedestrians, or detracts from the visibility of any official traffic control
device.
(f) A sign that contains, imitates, interferes with, obscures or causes confusion with an
official traffic sign or signal, except for private, on premise directional signs.
(g) Abandoned Signs.
(h) Roof Signs.
Subd. 3. Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute noncommercial copy in lieu of any other commercial or non -
commercial copy. This substitution of copy may be made without any additional approval or
permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial
speech over non-commercial speech, or favoring of any particular non-commercial message over
any other non-commercial message. This provision prevails over any more specific provision to
the contrary.
530.05. Sign Design Standards.
Subd. 1. Computations. The following principles shall control the computation of sign area
and sign height:
(a) The area of a sign face, which is also the sign area of a wall sign or other sign with only
one face, shall be computed by means of the smallest square, circle, rectangle, triangle,
or combination thereof that shall encompass the extreme limits of the writing,
representation, emblem, or other display. This does not include any supporting
framework, bracing, or decorative fence or wall when such fence or wall otherwise
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meets the regulations of this UDC and is clearly incidental to the display itself (See
Figure ______).
Figure ______: Illustration of how sign area is calculated.
(b) A wall façade shall be determined by multiplying the total building width by the height
of the wall or surface area (see Figure _____).
Figure ___: Illustration of wall sign area calculation.
(c) If a sign has two or more faces, the area of all faces shall be included in determining
the total area of the sign, except that if two sign faces are placed back-to-back, and are
at no point more than 30 inches from one another, the area of the sign shall be taken as
the area of one face if the two faces are of equal area, or as the area of the larger face
if the two faces are of unequal area.
(d) The height of a sign shall be computed as the distance from the base of the sign at
normal grade to the top of the highest attached component of the sign.
Subd. 2. Electrical signs. Electrical signs must be installed in accordance with the current
electrical code and a separate permit from the building official shall be obtained prior to placement.
Subd. 3. Height. The top of a sign, including its superstructure, if any, shall be no higher
than the roof of the building to which such sign may be attached; except that the height of any
changeable sign which is attached to or an integral part of a functional structure, such as a water
tower, smoke stack, radio or TV transmitting tower, beacon or similar structure shall be no higher
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than such structure. Signs, including any superstructure standing or erected free of any building or
other structure, shall not exceed an overall height of 25 feet from ground level and shall be located
on land in an area which is landscaped or if such land is part of an approved parking area, it shall
be surfaced or paved as required in the zoning code.
Subd. 4. Illumination. External illumination for signs shall be so constructed and
maintained that the source of light is not visible from the public right-of-way or residential
property.
Subd. 5. Intersections. A sign or sign structure shall comply with the visibility requirements
in city code section ______.
530.07. Maintenance and Repair.
Subd. 1. Maintenance. Every sign shall be maintained in a safe, presentable and good
structural condition at all times, including the replacement of defective parts, painting, repainting,
cleaning and other acts required for the maintenance of the sign.
Subd. 2. Repairs.
(a) Any sign located in the city which may now be or hereafter become out of order, rotten
or unsafe, and every sign which shall hereafter be erected, altered, resurfaced,
reconstructed or moved contrary to the provisions of this section, shall be removed or
otherwise properly secured in accordance with the terms of this section by the owners
thereof or by the owners of the grounds on which said sign shall stand, upon written
notice by the city. No rotten or other unsafe sign shall be repaired or rebuilt except in
accordance with the provisions of this section and upon a permit issued by the city.
(b) In the event of the failure of the owner or person, company or corporation having
control of any sign, or the owner of the ground on which the sign is located, to remove
or repair said sign within 60 days after the use is terminated, a written notice shall be
given and the sign may be removed by the city at the expense of the owner or manager
of the sign, or the owner of the ground upon which the sign stands.
Subd. 3. Allowed Sign Types.
(a) Table ___ lists the sign types allowed within each zoning district. The symbols and
headings used in the table are defined as follows:
i) A “P” in a cell indicates a sign type that is allowed in the zoning district with an
approved sign permit application.
ii) An “A” in a cell indicates a sign type that is allowed in the zoning district, but is
exempt from obtaining a sign permit.
iii) A cell with a “-“ indicates a sign type that is not allowed in the zoning district.
iv) Sign specific standards. The “sign specific standards” column cross-references
standards that are specific to an individual sign type and are applicable to that sign
in all districts unless otherwise stated in the sign specific standards.
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Table: _____: Signs allowed by zoning district
Sign Type
Zoning District
Sign Specific Standards
R-1 R-2 R-3 C I AP
Canopy, Marquee, and
Fixed Awnings
P P P P P P Note: In residential districts, these
signs are only allowed for multi-
family or institutional
Electronically controlled
readerboard
P P P P P P Note: In residential districts, these
signs are only allowed for multi-
family or institutional
Electric
P P P P P P
Freestanding
- - - P P P Note: In residential districts, these
signs are only allowed for multi-
family or institutional
Governmental A A A A A A
Monument
P P P P P P Note: In residential districts, these
signs are only allowed for multi-
family or institutional
Off-Premise
- - - - - -
Projecting
- - - P P P
Roof
- - - - - -
Rotating
- - - - - -
Shimmering - - - P P P
Temporary
P P P P P P
Small
A A A A A A
Wall
P P P P P P Note: In residential districts, these
signs are only allowed for home
businesses, multi-family or
institutional
Notes:
(b) 2. Special provisions for allowed signs by district.
i) Within residential zoning districts, signs are allowed as follows:
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District Maximum sign area of single
sign
Total area of all signs
R-1, R-2, R-3 8 square feet per surface 16 square feet
(c) Except as noted in Table ____, the following types of signs are not allowed in
residential zoning districts:
ii) Awning signs;
iii) Balloon signs;
iv) Canopy signs;
v) Flashing signs;
vi) Marquee signs;
vii) Pole signs;
viii) Pylon signs;
ix) Shimmering signs;
x) Off-Premise signs;
xi) Projecting signs;
xii) Roof signs;
xiii) Wall signs;
xiv) Rotating signs; and
xv) Electronically controlled reader boards.
(a) Notwithstanding the provisions above, in the residential districts, multiple family
dwellings and institutional, commercial or industrial uses may have monument signs
subject to the following limitations:
i) No monument sign shall exceed six feet in height above the average grade around
the perimeter of the sign.
ii) No monument sign shall exceed 75 square feet in area.
iii) No more than one monument sign is permitted per business property, except that
parcels fronting on more than one principal arterial, minor arterial or major
collector may have a monument sign on each such frontage, provided such frontage
is at least 150 feet in width.
iv) The monument sign shall be located at least 10 feet from any property line.
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v) An electronically controlled reader board is allowed as part of a monument sign.
(a) Notwithstanding the provisions above, in the residential districts, home businesses,
multiple family dwellings and institutional, commercial or industrial uses may have
wall signs subject to the following limitations:
i) Wall signs are only permitted on walls fronting on a public street or facing other
property used for institutional, commercial or industrial purposes.
ii) No more than one sign is permitted on each wall.
iii) No wall sign shall exceed 10% of the wall area or 75 square feet in area, whichever
is less.
iv) Wall signs for home business are allowed according to the requirements in section
______.
(b) Within the commercial and industrial zoning districts, signs are permitted as follows:
Sign Type Number
Allowed
Maximum
Height
Area (subject
to paragraph
(b) below)
Minimum
Street
Frontage
Setback From
Any Property
Line
Setback
From
Right-of-
Way
Freestanding 1 [1] 25 feet 1 square foot of
sign per linear
foot of
Frontage
50 feet 10 feet, and 50
feet from
residential
district, park,
school, library,
church or
similar land use
[2]
10 feet
Projecting Maximum of
2 wall or
projecting
signs per
wall [1]
Minimum 10
feet clearance
above grade
and may not
be higher
than roofline
Up to 10% of
the wall area to
which it is
affixed when
combined with
wall signs
NA 10 feet, but sign
may be
equidistant
between the side
property lines if
the property is
less than 20 feet
in width
10 feet
Wall Maximum of
2 wall or
projecting
signs per
wall
NA Up to 10% of
the wall area to
which it is
affixed when
combined with
projecting
signs
NA NA NA
Notes:
1. A property abutting more than one street may have one additional freestanding or projecting sign on one of the
additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is
more than 50 feet distant from any other freestanding or projecting sign on the property.
2. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement.
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(a) Area of sign may not exceed the following guidelines:
Street designation
(of street abutting frontage)
Area allowable
(in square feet)
Principal arterial
Minor arterial and major collector
Collector
Local
200
150
100
50
Buildings exceeding 80,000 square feet in size on lots of over 200,000 square feet are
permitted to have wall/projecting signage of up to 250 square feet.
(a) The following types of signs are not permitted in commercial and industrial zoning
districts:
i) Off-premise signs;
ii) Roof signs;
iii) Rotating signs.
530.09. Sign Specific Standards.
The following requirements for specific sign types apply in addition to those requirements found
in Table ____.
Subd. 1. Canopies, marquees and fixed awnings. Signs are allowed on canopies, marquees
and fixed awnings, which are an integral part of the structure to which they are attached. These
signs are allowed in the commercial and industrial districts if they meet the following
requirements.
(a) an awning, canopy or marquee may not project into the public right-of-way nearer than
30 inches to the street curb or curb line;
(b) the bottom of awning signs shall be no less than eight feet above the sidewalk or grade
at any point;
(c) awnings, canopy or marquees projecting into the required yards may not be enclosed
except with a transparent material permitting through vision;
(d) awnings, canopies or marquees built over the public right-of-way must be included in
a liability insurance policy holding the city free of all responsibility;
(e) Canopies and marquees are a part of the building structure but the area of canopies and
marquees may not be used in the computation of total wall area.
Subd. 2. Electronically or electrically controlled readerboards. Electronically or electrically
controlled readerboards are permitted provided that the sign:
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(a) displays a given copy or graphic image for a minimum of three seconds within the
readerboard frame if having lamps of a single color, or for a minimum of two minutes
if having lamps of more than one color;
(b) is included in an otherwise permitted and conforming wall, free-standing or monument
sign, and the area of the readerboard may not exceed 50% of the total area of the sign
in which it is integrated, or 50 square feet, whichever is less, and only one readerboard
per premise is allowed;
(c) displays a static message with no fade, dissolve, scrolling, spinning or zooming action;
and
(d) does not cast light on any public street in excess of 1 foot candle at the lot line along
said street, or in excess of 0.4 foot candle at the lot line of any residential property.
Subd. 3. Multi-Tenant. The following provisions shall apply to multi-tenant buildings
within the commercial and industrial districts.
(a) Wall Signs. Each tenant in a multi-tenant building may have a flat wall sign in
compliance with the wall sign requirements in Table ____. In addition, the multi-tenant
building may have wall signage on common walls of the building as long as no more
than 10% of that wall is occupied by signage.
(b) Freestanding signs. One freestanding sign shall be permitted for each multi-tenant
building.
(c) Canopies and Awnings. The design of canopies shall be in keeping with the overall
building design in terms of location, size, and color. No canopies with visible wall
hangers shall be permitted. Signage on canopies may be substituted for allowed
building signage and shall be limited to 25% of the canopy area.
Subd. 4. Temporary signs. The temporary use of banners, pennants, balloon signs, portable
signs and similar devices requires a permit. The permit is valid for seven consecutive days. Not
more than six permits for each property may be granted in a 12-month period. The permit must be
prominently displayed at the principal use in the same manner required for building permits.
Temporary signs shall conform to the same location and dimension requirements as permanent
signs.
(a) Non-commercial speech signs. Notwithstanding any other provisions of these sign
requirements, all signs of any size containing non-commercial speech may be posted
from August 1 in any general election year until ten (10) days following the general
election and thirteen (13) weeks prior to any special election until ten (10) days
following the special election.
Subd. 5. Wall signs. A wall sign may be displayed on the side or rear of a building facing
a yard not abutting on a street under the following conditions:
(a) The sign is visible from a public roadway on which the building abuts.
(b) The side or rear yard on the side of the building to be signed must meet district setback
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509575v3 AMB CR225-423
and buffering requirements.
(c) The sign(s) may not be larger in area than the largest sign permitted elsewhere on the
building.
(d) If the side or rear yard on the side of the building to be signed abuts a park property or
a residential district, any lighting of sign must be shielded in accordance with section
______.
At
t
a
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m
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I
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t
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a
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D
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Lo
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D
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s
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(
0
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6
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/
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Me
d
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Hi
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