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2019.08.12 - Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal Planning Commission Agenda Summary Monday, August 12, 2019 7 p.m. Crystal City Hall 1. Call to Order 2. Approval of Minutes* a. Monday, May 13, 2019 meeting minutes 3. Public Hearings* a. Miscellaneous amendments to the Unified Development Code, including the Town Center districts (Application Number 2019-07) 4. Old Business - None 5. New Business a. Conformance to Comprehensive Plan - Sale of 5417 - 35th Avenue North b. Conformance to Comprehensive Plan – Sale of surplus property 6. General Information a. City Council actions on previous Planning Commission items: - Rezoning to C-PD for a specialized care facility at 3501 Douglas Dr N - Conditional use permit for a child day care facility at 7200 – 56th Ave N - Subdivision of three residential lots for Iron Horse Addition b. Update from Council liaison c. Staff preview of likely agenda items for Monday, September 9, 2019 meeting 7. Open Forum 8. Adjournment * Items for which supporting materials are included in the meeting packet Page 1 of 2 CRYSTAL PLANNING COMMISSION DETAILED AGENDA Monday, August 12, 2019 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.531.1142 or email dan.olson@crystalmn.gov if unable to attend * Items for which supporting materials are included in the meeting packet 1. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the following members present:  Commissioner (Ward 1) Sears  Commissioner (Ward 2) Selton [Chair]  Commissioner (Ward 4) Einfeldt-Brown [Vice Chair]  Commissioner (Ward 1) Heigel  Commissioner (Ward 3) Maristany [Sec. Vice Chair]  Commissioner (Ward 4) Johnson  Commissioner (Ward 2) Strand  Commissioner (Ward 3) Buck  Commissioner (At- Large) Seffren 2. APPROVAL OF MINUTES * Moved by _______________ and seconded by _______________ to approve the minutes of the May 13, 2019 regular meeting with the following exceptions: Motion carried. 3. PUBLIC HEARING* a. Miscellaneous amendments to the Unified Development Code, including the Town Center districts (Application Number 2019-07): Staff presented the following: Page 2 of 2 The following were heard: Planning Commission discussion: Moved by _______________ and seconded by _______________ to recommend ______ to the City Council of the amendments to the Unified Development Code. 4. OLD BUSINESS - None 5. NEW BUSINESS a. Conformance to Comprehensive Plan - Sale of 5417 - 35th Avenue North Moved by _______________ and seconded by _______________ to determine that the sale of the lot at 5417 – 35th Avenue North is in conformance to the Comprehensive Plan. b. Conformance to Comprehensive Plan – Sale of surplus property Moved by _______________ and seconded by _______________ to determine that the sale of surplus property is in conformance to the Comprehensive Plan. 6. GENERAL INFORMATION a. City Council actions on previous Planning Commission items: - Rezoning to C-PD for a specialized care facility at 3501 Douglas Dr N - Conditional use permit for a child day care facility at 7200 – 56th Ave N - Subdivision of three residential lots for Iron Horse Addition b. Update from Council Liaison c. Staff preview of likely agenda items for Monday, September 9, 2019 meeting 7. OPEN FORUM 8. ADJOURNMENT Moved by _____ and seconded by ______ to adjourn. Motion carried. The meeting adjourned at ______ p.m. Unapproved Planning Commission Minutes – May 13, 2019 CRYSTAL PLANNING COMMISSION MINUTES Monday, May 13, 2019 at 7:00 p.m. Council Chambers, Crystal City Hall 1. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears X Commissioner (Ward 2) Selton [Chair] X Commissioner (Ward 4) Einfeldt-Brown [Vice Chair] X Commissioner (Ward 1) Heigel X Commissioner (Ward 3) Maristany [Sec. Vice Chair] X Commissioner (Ward 4) Johnson X Commissioner (Ward 2) Strand X Commissioner (Ward 3) Buck X Commissioner (At-Large) Seffren Other attendees: City planner Dan Olson; City Council Liaison John Budziszewski; City Council members Nancy LaRoche and Therese Kiser; Antoinette Reynolds of A Better Childcare; City attorney Troy Gilchrist; representatives from A-1 Reliable Home Care, including Tom Wasmoen, Deborah Ojogwu, and Benjamin Ojogwu; and other interested persons 2. APPROVAL OF MINUTES Moved by Heigel and seconded by Einfeldt-Brown to approve the minutes of the April 8, 2019 regular meeting. Ayes all. Motion carried. 3. PUBLIC HEARINGS a. Conditional use permit application from A Better Childcare for a child day care facility at 7200 – 56th Avenue North (Application Number 2019-05): Planner Olson presented a summary of the staff report and stated he is recommending approval of the CUP application with the conditions in the staff report. Chair Selton opened the public hearing. Commission member Maristany asked the applicant for specifics about their business model. Ms. Reynolds provided information about the day care, including that it is primarily for english speaking children. Commission member Strand said the proposed use is a nice fit for the property. Unapproved Planning Commission Minutes – May 13, 2019 Hearing no one else who wished to speak, Chair Selton closed the public hearing. Moved by Maristany and seconded by Sears to recommend approval of the CUP for a child day care facility for A Better Childcare at 7200 – 56th Avenue with the conditions in the staff report. Ayes: All Motion carried. b. Preliminary plat application from for Iron Horse Addition at Iron Horse Park at 5155 Kentucky Avenue North (Application Number 2019-06): Planner Olson presented a summary of the staff report and stated he is recommending approval of the preliminary plat application with the conditions in the staff report. Commission member Johnson asked what the Park Commission thought about this proposal. Olson stated that the Commission was in agreement with the residential lots being created, but they recommend that the remaining portion of the park be dedicated as park land. Commission member Seffren asked where the trail easement might be. Olson stated that the trail would be located in the right-of-way easement along the north property line. Commission member Einfeldt-Brown asked if the lots would be sold to the same builder as Windsor Ridge in New Hope. Olson said they will be given the opportunity to buy the Crystal lots. If there is a different builder, the city will assist in coordinating construction on these lots with the New Hope builder. Chair Selton opened the public hearing and hearing no one who wished to speak, Selton closed the public hearing. Moved by Einfeldt-Brown and seconded by Heigel to recommend approval of the Iron Horse Addition preliminary plat with the conditions in the staff report. Ayes: All Motion carried. 4. OLD BUSINESS a. Consider recommendation for a proposed specialized care facility at 3501 Douglas Drive North (Application Number 2019-04) Planner Olson presented a summary of the staff report and described the three options that the Planning Commission has for a recommendation on the property rezoning. Mr. Gilchrist then gave a presentation to address the letter to the city from the applicant’s attorney dated April 23, 2019. Unapproved Planning Commission Minutes – May 13, 2019 Commission member Strand said that their previous recommendation was not done as a discriminatory action, but because the proposed facility was not compatible with the surrounding residential neighborhood. Commission member Maristany said that the proposal has too high of a density. A lower density might be more in-line with the Comprehensive Plan. Commission member Einfeldt-Brown said he thought the height of the building is incompatible with the neighborhood. He wasn’t sure how he would vote. Commission member Sears said maybe the item should be continued for more study and discussion. Chair Selton asked about time limits to make a decision on this application. Olson said that the “60-day rule” requires action by July 10, 2019. Selton said that he’s not sure he agrees with staff’s determination that the application meets the city’s Comprehensive Plan criteria. Commission member Strand said that density of this development does not meet the Comprehensive Plan’s density requirements. Strand also felt that if A-1’s development was approved that would render the property owned by the City’s Economic Development Authority (EDA) unbuildable. Commission member Maristany asked if the Commission could recommend approval of the application with fewer units. Mr. Gilchrist said the Commission could provide a comment to the City Council that the development might be more acceptable if there were fewer units. Commission member Strand again stated that the application should be continued. Olson said he encouraged the Commission not to continue the item since it has already been continued once. Mr. Gilchrist said that if the Commission is to recommend denial, they should make sure the findings in the resolution are complete to their satisfaction. After reading the findings, the Commission agreed that the findings are adequate, with the addition from Commission member Maristany that the city may deny an application if the request for reasonable accommodation is not approved by the city. Mr. Gilchrist said he will add that language to the resolution. Moved by Strand and seconded by Heigel to recommend denial of the property rezoning at 3501 Douglas Drive North based on the findings in the denial resolution. Ayes: All Motion carried. 5. NEW BUSINESS a. Conformance to Comprehensive Plan – Sale of three parcels at 5155 Kentucky Avenue North Unapproved Planning Commission Minutes – May 13, 2019 Planner Olson presented a summary of the staff report and stated staff is recommending that the Commission determine the sale of the three lots is in conformance to the Comprehensive Plan. Moved by Strand and seconded by Sears to determine that the sale of the three lots is in conformance to the Comprehensive Plan. Ayes: All Motion carried. b. Discuss proposed Town Center district regulations The Commission had a general discussion about the reasons for having a town center ordinance. Moved by Maristany and seconded by Strand to continue the discussion of the TC district until the June meeting. Ayes: All Motion carried. 6. GENERAL INFORMATION a. City Council actions on previous Planning Commission items: None b. Update from Council Liaison: Mr. Budziszewski spoke about Becker Park improvements and potential improvement to city hall to accommodate police needs. c. Staff preview of likely agenda items for Monday, June 10, 2019 meeting. Mr. Olson indicated that he has not received any applications yet, but the application deadline is not until tomorrow. At the very least a work session will be held to continue the review of the proposed town center district regulations. 7. OPEN FORUM Commission member Strand said there is a plant sale on May 18 to support the Becker Park improvements. Commission member Einfeldt-Brown asked where the American Legion may relocate to. Olson said he has no concrete information about where they may go. 8. ADJOURNMENT Moved by Sears and seconded by Buck to adjourn. Motion carried. The meeting adjourned at 9:21 p.m. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 1 OF 10 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Planning Commission (for August 12 Meeting) DATE: August 6, 2019 RE: Public Hearing. Miscellaneous amendments to the Unified Development Code, including the Town Center districts (Application Number 2019-07) A. INTRODUCTION Staff is proposing amendments to the city’s Unified Development Code (UDC), including the creation of two new town center zoning districts. The town center amendments are to fulfill land redevelopment goals of the proposed 2040 Comprehensive Plan. The two new districts are Town Center (TC), which is a base zoning district, and Town Center – Planned Development (TC-PD), which is an overlay district. The other proposed amendments are to correct or clarify existing requirements, and secondarily make some minor policy changes. Attachments: A. Planned land use map – 2040 Comprehensive Plan B. Proposed amendments to official zoning map C. Proposed Town Center district amendments PLANNING COMMISSION STAFF REPORT Miscellaneous UDC Amendments MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 2 OF 10 Staff Report Organization Section Page Number(s) Information Provided B. Background Pages 2-3  Communication plan  Changes since June Planning Commission review C. Proposed Town Center Amendments Pages 3-9  Proposed 2040 Comprehensive Plan  Notable features of Town Center districts  Input from other sources  City Council comment D. Other Proposed UDC Amendments Page 10  Other UDC amendments E. Requested Action Page 10  Planning Commission action  Proposed adoption schedule B. BACKGROUND Communication Plan Notice of the August 12 public hearing was published in the Sun Post on August 1. Staff also completed the following outreach efforts to provide opportunities for public input on the proposed ordinance: 1. Property owners in TC districts:  Phoned the nine property owners in the TC district to inform them of the public hearing date and to answer any questions they may have about the proposed regulations. Staff spoke with eight of the property owners, none of whom had concerns about the content of the regulations.  Mailed a copy of the hearing notice to each TC and TC-PD district property owner. 2. General public:  In addition to publication in the Sun Post, the hearing notice was posted on the city’s website and on Nextdoor. Staff also sought input on the ordinance from the City of Eden Prairie, which has a similar ordinance, and from a large Twin Cities developer who has experience in constructing compact development in redevelopment areas. Their comments are provided in section C of this staff report. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 3 OF 10 Changes since June Planning Commission review The Planning Commission reviewed the proposed town center ordinance on May 13th and June 10th. Most of the comments were minor in nature and were incorporated into the proposed ordinance (text changes made since June 13 are highlighted in attachment C). One Planning Commission member was concerned about the impact of redevelopment on the 11 single-family homes behind the Bass Lake Road storefronts across from Becker Park. The ordinance does include built-in safeguards, such as maximum building setbacks from the front property line and requiring a shadow effects study. These safeguards are illustrated by a proposed redevelopment scenario shown below, which is for a four-story apartment building located close to the property line along 56th Avenue North (Bass Lake Road) leaving a 100’ buffer between the back of the apartment building and the back of the homes. C. PROPOSED TOWN CENTER AMENDMENTS Proposed 2040 Comprehensive Plan. The comprehensive plan identifies four redevelopment areas in Crystal (see attachment A):  Area A: The area surrounding Becker Park and the proposed LRT station  Area B: A narrow parcel of land near 51st and Douglas Drive  Area C: The area along 42nd Avenue from city hall to the Robbinsdale border  Area D: The area along Douglas Drive from 32nd to 36th Avenues The proposed Town Center district amendments are for area A, which was described in the plan as a future mixed use redevelopment area. Two additional zoning districts could be created in the future for areas C and D that are patterned after the Town Center district. The comprehensive plan provides guidance for any redevelopment in area B. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 4 OF 10 Notable features of Town Center districts. The following are notable features of the proposed Town Center districts. 1. Two districts. The amendment creates a new base zoning district called Town Center and an overlay district called Town Center – Planned Development (attachment B).  Town Center base district (TC). Regulations for a base district are mandatory for those properties located in the district, except that property owners who wish to rebuild an existing use in its current configuration may do so under the UDC’s nonconforming use provisions (section 515.29 of the UDC).  Town Center – Planned Development (TC-PD). o The boundaries of the TC-PD district are shown in attachment B and on the next page. o Property owners who wish to rebuild an existing use in its current configuration may do so under the UDC’s nonconforming use provisions. o Property owners within the boundary have the option to rezone a property to TC-PD. If they choose not to rezone the property, the zoning district classification shown on the zoning map determines the required base district regulations. o The regulations for the TC-PD district are located within the Planned Development (PD) section of the UDC, which allows for flexibility from base district requirements. However the TC-PD district has specific zoning requirements the property owner must meet. This next page contains a district map and flow chart that explains how redevelop occurs in both districts. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 5 OF 10 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 6 OF 10 2. Building placement and form: The new districts emphasize the building’s placement on the lot. The following are noteworthy requirements:  Setbacks. The building would be set back at least 1’ but no more than 10’ from the front property line. Currently front setbacks in other business districts are 30’, however staff proposes that the front setback in the Commercial (C) and Industrial (I) districts be changed to a minimum of 10’. With this change there would be less of a dramatic difference in building locations between the TC and C/I districts.  Façade. On the primary façade:  At least 50% of the façade would be required to have windows, while any upper floors would have at least 30% windows.  At least 30% of the windows are to remain free of signage.  The building shall occupy at least 75% of the length along the property line. This requirement may be reduced to 60% if the applicant can demonstrate that the building placement meets the intent of the ordinance.  Encroachments. Certain building elements, such as awnings, would be allowed to encroach into the required setback.  Building height. The height limits would be the same as the Commercial and Industrial districts: 5 stories or 60’, whichever is less. For those areas in either district near residential uses, a shadow study and mitigation would be required to reduce negative impacts to those uses. The City may allow the applicant to increase the height of the building to eight stories or 100’, whichever is less, after considering shadow effects by the building, building massing, whether the building would block views of Becker Park, and impacts to airport height requirements. An example where an 8-story building may be appropriate is the Walgreens store site at 6800 – 56th Avenue North (Bass Lake Road). The following are the adjacent land uses to Walgreens:  North side – Arby’s restaurant  West side – TCF Bank  East side – West Broadway Avenue  South side – Crystal Shopping Center A new commercial or apartment building, as shown on the next page, would be located near the intersection of 56th and West Broadway. The height of the building may be limited by required height limits for the Crystal Airport. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 7 OF 10 3. Land Uses:  TC district. The main objective in allowing specific land uses is to create a vibrant street scene. This is especially important considering that the TC district is relatively small in size. To create that street scene, uses would be limited to retail, restaurants, hotels, and offices. Multi-family residential uses would also be allowed to mix within the same building or on the same property.  TC-PD district. In addition to those uses allowed in the TC district, several additional principal uses would be allowed in the TC-PD district, including: o Adult day care facilities o Attached one-family dwellings (townhouses and row houses) o Indoor industrial uses o Private indoor recreational uses o Public buildings o Religious institutions o Schools o Specialized care facilities 4. New street connections: Within the city’s main commercial area, there are opportunities to create better street connections if the properties are redeveloped. The approximate alignments of new public street connections are shown as highlighted on the next page, with affected properties outlined in red. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 8 OF 10 Upon redevelopment of one of these properties, the developer would be required to construct the respective street connections. The specific alignment, design and other details would be determined at that time. 5. Parking:  TC district. For non-residential development in the TC district, staff proposes that no off-street parking would be required. If a developer proposes to build a parking lot, the lot would be located to the rear or side of the building. For residential development, one off-street space per unit, plus one visitor space per 10 units is required.  TC-PD district. Within the TC-PD district: o The developer shall provide the required parking listed in the parking section of the UDC. o The developer may provide a parking study for approval during the rezoning application process that reduces the required number of parking spaces. o Any surface parking lot would be located to the rear or side of the building. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 9 OF 10 Input from other sources Staff has sought input on the proposed ordinance from other sources:  City of Eden Prairie. The City has adopted a town center ordinance similar to Crystal’s proposed ordinance. Eden Prairie will have three LRT stations on the extension of the green line currently under construction. Eden Prairie staff has reviewed Crystal’s proposed ordinance and found it satisfactory.  Major Developer. Staff received comments on the proposed ordinance from a major developer in the Twin Cities who has completed a wide variety of building projects in the Twin Cities such as office, multi-family, and government facilities. The following is a description of this developer’s more significant comments: 1. Increase densities and building height. The developer recommended that language be added to allow for increased densities and height under certain conditions. Staff response: Language has been added to allow the applicant to increase density by 60% and the height of the building to eight stories or 100’, whichever is less, after considering shadow effects of the building, building massing, whether the building would block views of Becker Park, and impacts to airport height requirements. 2. Limit the square footage of industrial uses. The proposed ordinance initially allowed industrial uses with no outside storage in the TC-PD district. The developer suggested limiting the square footage of these uses since large industrial buildings could negatively impact the walkability and pedestrian experience of the area. Staff response: At the July 11, 2019 City Council work session, Council directed staff to make the following change to the proposed ordinance:  Industrial uses, such as manufacturing facilities and self- storage facilities, would only be allowed in the Industrial district. For those property owners in the TC-PD area that choose not to rezone to TC-PD, industrial uses would be limited to those areas where the underlying zoning is Industrial (primarily the Hanson Court area). City Council comment The City Council reviewed the proposed ordinance at their work session on July 11, 2019, and did not express concern with the proposed town center ordinance. As noted above, the Council directed that industrial uses would be limited to the Industrial district. MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 10 OF 10 D. OTHER PROPOSED UDC AMENDMENTS In addition to the Town Center amendments, staff proposes to correct or clarify existing UDC requirements, and secondarily make some minor policy changes. The following are the notable proposed amendments to the UDC: 1. Specialized care facilities Staff proposes to amend the requirements for this use by distinguishing where they are allowed by the number of residents. These amendments balance allowing these facilities where required by state statute with the city’s desire to have review authority of these facilities in certain areas of the city. 2. Industrial uses As noted above, the City Council directed that some industrial uses, such as warehouses and self-storage facilities, only be allowed in the Industrial district. The proposed UDC also removes the ability to increase the height of industrial buildings with a CUP. 3. Existing nonconforming buildings Staff has recently become aware of existing homes built across property lines at the time of construction. Both lots are owned by the same property owner, but were not consolidated into one parcel prior to the home construction. Some of these property owners have expressed interest in constructing building additions, which would further this nonconformity. The proposed amendment to the nonconforming use section of the UDC would allow those additions to take place without requiring a lot consolidation, but if the principal building is removed from the property, the lots must be consolidated as part of the approval of a new principal building. E. REQUESTED ACTION The Planning Commission is being asked to make a recommendation to the City Council to either deny or approve the proposed UDC amendments. Staff recommends approval of the amendments. Proposed adoption schedule The proposed schedule for adopting a new ordinance is as follows: August 20 Council first reading of ordinance September 3 Council second reading of ordinance October 12 Effective date of ordinance Area A Area B Area C Area D Glen Haven Memorial GardensCemetery Adath Chesed Shel Emes Cemetery RivertreeSchool 43rd Ave N 45th Pl N 46th Ave N 34thAveN 36th Ave N SumterAv eNHampshire Ave NWinnetka Ave N32nd Ave N Adair Ave N38th Ave N BN SF R ailroad Orchard Ave N60th Ave N Douglas Dr NDouglas Dr N54th Ave N County Road81 48thAveN 51st Ave N WilshireBlvd Vera Cruz Ave NCP Railroad 42nd Ave N ScottAveNHampshire Ave NCo unty Road 81 West Broadway 56th Ave N 54th Ave N 56thAveN Fairview Ave N 44th Ave N 49th Ave N BrunswickAveN52nd Ave N AngelineAve N Hampshire Ave NOrchard Ave NKentucky Ave NVera Cruz Ave NBrunswick Ave N56th Ave N 58th Ave N Quail AveNJersey Ave NLouisiana Ave NYukon Ave N Edgewood Ave NCorvallis Ave N Georgia Ave NJersey Ave NVera Cruz Ave NWelcome Ave NKentucky Ave N58th Ave N 59thAveN Louisiana Ave NQuail Ave N32nd Pl N 45th Ave NIdaho Ave N33rd Ave N 30th Ave N LakesideAveN 57th Ave NQuebecAveN 35th Ave N 58th Ave N Vera Cruz Ave N44th Ave N 59th Ave N Kentucky Ave NWelcome Ave N57th Ave N 53rd Ave N 52ndAveN Zane Ave NPerr yAve NToledo Ave NHampshire Ave NGeorgia Ave NFlorida Ave N47th Ave N 41st Ave N Idaho Ave NEdgewood Ave NZane Ave NLombardy Ln Utah Ave N56th Ave N AdairAveN37th Ave N Brunswick Ave N45th Ave N Bernard Ave N Wilshire Blvd Utah Ave NFlorida Ave NGeorgiaAveNQuail Ave N54th Ave N Welcome Ave NVera Cruz Ave NXenia Ave N35th Ave N ColoradoAveNRhode Island Ave NQuail Ave NJersey Ave N33rdPlN Fairview Ave N Markwood Dr N 48th Ave N Regent Ave NLakela nd Ave N29th Ave N M edi cine La keR d Northern DrXylon Ave N30thAveN Toledo Ave N33rd Ave N Lombardy Ln Wisconsin AveNWisconsin Ave NGeorgia Ave N40th Ave N 56th Pl N 57th Ave N Welcome Ave N49th Ave N 45th Pl N 48th Ave N 57th Ave N FairviewAveNFairview Ave N 39th Ave N 38th Ave N 35th Ave N 58th Ave N 31st Ave N Corvallis Ave N 43rd Ave N 36th Ave N 41stAveN Nevada Ave NJersey Ave NFloridaAveNLouisiana Ave NJersey Ave NFlorida Ave NJersey Ave NCP RailroadDouglas Dr NOregon Ave NFlorida Ave N29th AveN Vera Cruz Ave NColoradoAveN 58th Ave N CrystalAirportRd Maryland Ave N55thAveNElmhurst Ave N Aquila Ave NEdgewood Ave NIdaho Ave NFlorida Ave NL akeland Ave NZane Ave NYates Ave NZane Ave NXenia Ave NRhodeIslandAveN Edgewood Ave NYates Ave N50th Ave N Highway 100Colorado Ave NYates Ave NXenia Ave NBrunswick Ave NJersey Ave N31st Ave N Perry Ave NKentuckyAveNGeorgia Ave NEdgewood Ave NFlorida Ave NPerry Ave NJersey Ave NIdaho Ave NMaryland Ave N49th Ave NOregonCtNCrystal Airport RdDudley Ave N ValeCrestRdEdgewood Ave N29th Ave N Corvallis Ave N June Ave N29thPlN 51st Pl N Valley Pl N Xenia Ave N50th Ave N 35th Pl N 46th Pl N Quail Ave NRegent Ave NAngelineAveN Hill Pl N Orchard Ave NPerry Ave NMaryland Ave NNoble Ave NKyle Ave NMajor Ave NLee Ave NMaryland Ave NKentucky Ave N62nd Ave N 61st Ave N Kentucky Ave NGeorgia Ave NIdaho Ave NIdaho Ave NNevada Ave NGeorgia Ave NGeorgia Ave NYates Ave NEdgewood Ave NPennsylvania Ave NToledo Ave NOrchard Ave NCP Railroad Unity Ave NLakeland A ve NLakesideAveNSherburneAveNWelcomeAveN58th Pl N 31stAveN 60th Ave N Cloverdale Ave N Byron Ave N 53rd Ave N 34thAveN 39th Ave N 48th Ave N B rook ridge AveN30thAveN TwinLakeTer29thPl N 51st Pl N Adair Ave NDouglas Dr NVirginiaAveNKentucky Ave NCloverdale Ave N 62nd Ave N Lakeland Ave NMaryland Ave NLouisiana Ave NBrentwood Ave NPennsylvania Ave NWelcome Ave NPennsylvania Ave N59th Pl N 46th Pl N Kentucky Ave N34th Pl NHighway100 XeniaAveNWelcomeAveNVeraCr uzAveNYatesAveNYates Ave NNevada Ave NHanson Ct N Scott Ave NNorth Lions Skyway MacPark/WildlifeArea Broadway NorthBass Lake Becker TwinOak Iron Horse Lions SooLine Cavanagh ForestElementary CommunityCenter Welcome MemoryLane Brownwood Kentucky Florida Crystal Highlands Yunkers Valley Place Lee Sunnyview Bassett Creek Hagemeister Pond FAIR Neill Twin Lake St Raphael BeaconAcademy ± 0 0.2 0.4 0.6 0.8 10.1 Miles c:dave\ArcGIS Projuects\Landuse 2040.mxd Crystal Airport * If redeveloped for other uses, then the property is guided "Low Density Residential". Scale 1:25,000 Map Legend Zoning Planned Land Use: Low Density Residential (LDR) Med. Density Residential (MDR) High Density Residential (HDR) Commercial Mixed Use Industrial Park or Other Public Open Space* Institutional* Rail Corridor Crystal Airport Right-Of-Way Water Attachment A COLORADO AVEBRUNSWICK AVEADAIR AVEXENIA AVE 41ST AVE 43RD AVE 44TH AVE YATES AVE NZANE AVEADAIR AVECOLORADO AVEBRUNSWICK AVEWELCOME AVECOLORADO AVEBRUNSWICK AVEADAIR AVEZANE AVEYATES AVEXENIA AVEWELCOME AVE 38TH AVE 39TH AVE ADAIR AVEDOUGLAS DRDOUGLAS DRDOUGLAS DRDOUGLAS DR45TH AVE 44TH AVE 43RD AVE 42ND AVE EDGEWOOD AVE NFLORIDA AVEGEORGIA AVEHAMPSHIRE AVEKENTUCK Y AVE NIDAHO AVE41ST PL NMEMORY LANE43RD AVE N KEN T U C K Y C I R NKENTUCKY (ROCKFORD RD)LOUISIANA AVEWINNETKA AVEKENTUCKY AVEHAMPSHIRE AVEJERSEY AVEIDAHO AVE NIDA H O C I R GEORGIA AVEFLORIDA AVEEDGEWOOD AVE40TH AVE 39TH AVE 39TH AVE 38TH AVE JERSEY CIR N MARKWOOD IDAHO AVE N37TH AVE MARKWOOD DRGEORGIAHAMPSHIRE AVE NFLORIDAGEORGIA AVE NHAMPSHIRE AVE NKENTUCKY AVE35TH AVE 34TH AVE N 34THPLN 33RD D A N PL 33RD AVE 32NDPL N32ND PL VIR G IN IA UTAH AVE30TH AVE YUK O N A V E 32ND AVE NORTHERN DR 31ST AVE AVENVIRGINIAAVENPLVALLEY 34TH AVE HILL PL 35TH AVE 35TH PL 36TH AVE JERSEY AVEIDAHO AVEHAMPSHIRE AVEGEORGIA AVEFLORIDA AVEEDGEWOOD AVEFLORIDA AVEGEORGIA AVEJERSEY AVE N33RD AVE VALLEY PL 35TH AVE MARYLAND AVE NLOUISIANA AVENEVADA AVENEVADA AVELOUISIANA AVEQUEBEC AVE NWINNETKA AVE N30THAVE 30TH AVE N SUMTER AVE32ND AVE 31ST AVE LOUISIANA AVE32ND AVE WINNETKA AVE31ST KENTUCKY AVEKENTUCKY AVEJERSEY AVEJERSEY AVE29TH AVE IDAHONHAMPSHIRE AVEGEORGIA AVE30TH AVE 29TH AVE EDGEWOOD AVEAVEEDGEWOOD AVE N31ST AVE 32ND AVE IDAHO AVEFLORIDA AVE27TH AVEAVE HAMPSHIRE AVEGEORGIA AVEDOUGLAS DRDOUGLAS DRDOUGLAS DR34TH AVEZANE AVE36TH AVE XENIA AVEWELCOME AVEYATESBRUNSWICK AVEZANE AVEADAIR AVEYATES AVE XENIA AVEWELCOME AVEAVE35TH ADAIR AVEBRUNSWICK AVE32ND AVE BRUNSWICK AVE32ND AVE WELCOME AVEPLN BRUNSWICKAVE29THPL N MEDICINE L A K E R D29TH LAMPLIG HTERLA NZANE AVE29TH AVE VALECREST RD BROOKRIDGE AVE 27TH AVE NDOUGLAS DRREGENT AVEQUAIL AVEPERRY AVEORCHARD AVE59TH AVE 60TH AVE 60TH AVE LA K E L A N D A V E N WELCOME AVEXENIA AVEZANE PL (BASS LAKE RD)BRUNSWICK AVEADAIR AVEZANE AVEYATES AVE57TH AVE CLOVERDALE AVE NCOLORADO AVE N58TH AVE XENIAWELCOMEVERA CRUZ AVEUNITY AVETOLEDO AVESCOTT AVE N54TH AVE WILSHIRE BLVD ORCHARD AVEPERRY AVEQUAILREGENT AVETOLEDO AVEUNITY AVE56TH AVE PERRY AVE56TH PLQUAIL AVE58TH AVE 57TH AVE TWIN LAKE TERTWIN LAKE TER57TH AVE N 56TH AVE N WILSHIRE BLVD REGENT AVEORCHARD AVEDOUGLAS DRDOUGLAS DRQUAIL AVEPERRYDUDLEY AVE 59TH AVEKENTUCKY AVEIDAHO AVE EL M HUR S T A V E 60TH AVE 60TH AVE LOMBARDY LANE LOMBARDY LA 61ST AVE N 61ST AVEHAMPS H I R E A V E 62ND AVE N KENTUCKY AVE FLORIDA AVE NLA K E L A N D A V E N JERSEY AVEHAMPSHIRE AVELA K E L A N D A V E WE S T B R O A D W A Y 58TH PL QUEBECRHODE ISLAND AVE NAVE59TH AVE 59TH PL PENNSYLVANIA AVEOREGON AVENEVADA AVESHIRLEY PL 59TH MARYLAND AVE 60TH AVE N WE S T B R O A D W A Y BASS LAKE RDSUMTER AVERHODE ISLAND AVEPENNSYLVANIA AVENEVADA AVE58TH AVE 54TH A V E NNEVADA AVE56TH AVE JERSEY AVE N 57TH AVEKENTUCKY AVE 58TH AVE CLOVERDALE AVE CLOVERDALE AVE 57TH AVE BRENTWOOD AVE EL M H U R S T A V E WE S T B R O A D W A Y 55TH AVEHAMPSHIRE AVEHAMPSHIRE AVESHERBURNEAVENBASS LAKE RD 35TH AVE N 34TH AVE N 35TH AVE 36TH AVE 35TH AVE 34TH PL 54TH AVE 54TH AVE 53RD AVE 52ND AVEKENTUCKY AVEJERSEY AVEIDAHO AVEHAMPSHIRE AVEGEORGIA AVEFLORIDA AVEEDGEWOOD AVEWES T B R O A D W A Y 51ST PL CORVALLIS AVE 50TH AVE 51ST PL N EDGEWOODAVESOO LINE PLOREGON AVEMARYLAND AVE53RD AVE 52ND AVE LOUISIANA AVELOUISIANA AVE NMARYLAND AVE 46TH AVE 47TH AVE 48TH AVE 49TH AVE EDGEWOOD AVEFLORIDA AVEGEORGIA AVEHAMPSHIRE AVEIDAHO AVEFAIRVIEW AVE JERSEY AVEKENTUCKY AVE48TH AVE 47TH AVE HAMPSHIRE AVE 46THPL 46TH AVE 45TH PL N45TH PLFLORIDA AVEJERSEYAVEVERA CRUZ AVE54TH AVE DOUGLAS DRDOUGLAS DRFAIRVIEW AVE 50TH AVE CORVALLIS AVE 51ST AVE BERNARD AVESCOTT53RD AVE 54TH AVE SCOTT AVEQUAIL AVE 53RD AVE 52ND AVE REGENTPERRY CR QUAIL AVELA K E L A N D A V E ANGELINEANGE L I N E AVE N UNITY CT NANGELINECT51ST PL HANSON CT HAN S O N C T HANSO N CT LA K E L A N D A V E CORVALLIS AVE WELCOME AVEXE N IA AV E N WELCOME AVELAK E L A N D A V E VERA CRUZ AVEVERA CRUZ AVE NVERA CRUZ AVE NWELCOME AVE45TH AVE COLORADO AVEXENIA AVEWELCOME AVEXENIA48TH AVE 47TH AVE YATESAVEZANE AVEZANE AVEADAIR AVE46TH AVEBRUNSWICK AVECOLORADOFAIRVIEW AVE AVEN45TH AVE 47TH AVE BYRON AVE 48TH AVE LAKESIDE AVE 49TH AVE LAKESIDE AVE 48TH AVE REGENTAVEQUAILAVEPERRYAVEQUAIL AVE NTOLEDO AVE NORCHARD AVE NLA K E L A N D A V E LA K E L AND A V E AQUILA AVE NYUKON AVE NXYLON AVE N WISCONSIN UTAH AVEUTAH AVE33 R EV AQUILA AVEWISCONS IN AVEVIRGINIA32ND AVE WINNETKA AVEWINNETKA AVEWINPARK DRPENNSYLVANIA AVE (ROCKFORD RD)REGENT AVE QUAIL AVE PERRY AVE NORCHARD AVE NMAJORAVE LEE AVE AVE KYLEJUNE AVENOBLE AVE LOUISIANA AVE N47TH AVE N 47TH AVE VERA CRUZ AVELOUISIANA AVELOUISIANA AVE36TH AVE ST RAPHAEL DR MARYLAND AVELOUISIANA AVEMARYLAND AVEADAIRLAKELAND 56TH AVE YATES AVE NWILSHIRE BL V D.NEVADA AVENEVADA AVE 45TH AVE LOUISIANA AVEMARYLAND AVEAD A IR AV E N ADAIR CT N TOLEDO AVEOREGON CTBeaconAcademyBASSETT CREEK MAC NATURE AREA VALLEY PLACE BECKER FAIR SKYWAYNORTH LIONS FOREST ELEMENTARY CRYSTAL COMMTY CNTR MEMORY LANE CAVANAGH TWIN OAK HAGEMEISTER POND YUNKER BROWNWOOD BROADWAY IRON HORSE SUNNYVIEW WELCOME KENTUCKY FLORIDA MAC TWIN LAKE LEE LIONS SOO LINE CRYSTAL HIGHLANDS NORTH BASS LAKE Proposed Zoning Map ® 0 ¼½¾1 Miles BASE ZONING DISTRICTS: R-1 - LOW DENSITY RESIDENTIAL R-2 - MEDIUM DENSITY RESIDENTIAL R-3 - HIGH DENSITY RESIDENTIAL C - COMMERCIAL TC - TOWN CENTER I - INDUSTRIAL AP - AIRPORT DISTRICT Adath ChesedShel EmesCemetery Glen HavenMemorial GardensCemetery City of Crystal Community Development Department4141 Douglas Drive North, Crystal, MN 55422-1696763-531-1142, www.crystalmn.gov Crystal Airport Disclaimer:The Official Zoning Map is subject to change by action of the Crystal City Council. Any disagreement(s) or inconsistencies between this map and an ordinance adoptedby the city council, the ordinance shall prevail. Official Zoning District Map, Crystal, MinnesotaWe the undersigned certify that this is the Official Zoning Map,adopted by Crystal City Council on MONTH DAY YEAR _____________ _____________________Date Jim Adams, Mayor _____________ _____________________ Date Chrissy Serres, City Clerk Date: 7/11/2019 Overlay Districts: Planned Development (PD) Town Center Planned Development (TC-PD) Floodplain Overlay District City Park Land Water Bodies 1:25,000 Attachment B 1 509575v9 AMB CR225-423 CHAPTER V UNIFIED DEVELOPMENT CODE (UDC) Section 500 General provisions 500.01 Title and authority 500.03 Purpose 500.05 Relationship to comprehensive plan 500.07 Relationship to existing ordinances 500.09 Transitional rules 500.11 Severability 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 General development review requirements 510.11 Summary of application and review procedure types 510.13 Specific development review procedure requirements 510.15 Zoning certificate 510.17 Site plan review 510.19 Conditional use permit 510.21 Adjacent parcel land conveyance 510.23 Lot consolidation 510.25 Subdivisions 510.27 Comprehensive plan amendment 510.29 Rezoning or text amendments 510.31 Rezoning to planned development overlay district (PD) 510.33 Variance 510.35 Appeals 510.37 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 Overlay zoning districts 515.09 Floodplain overlay district (FP) 515.11 Shoreland overlay district 515.13 Planned development overlay district (PD) 515.15 Transit oriented development overlay district Reserved Attachment C 3 509575v9 AMB CR225-423 List of Illustrations Figure 1: Illustration of building height Figure 2: Illustration of lot configuration Figure 3: Illustration showing yards for through lot Figure 4: Illustration showing typical setbacks for a one-family dwelling Figure 5: Illustration showing yard locations Figure 6: Illustration of a building that meets both corners at a street intersection Figure 7: Illustration of required building street frontages Figure 8: Illustration of techniques used to break down the scale of large buildings Figure 9: Illustration of clearly defined building entries Figure 10: Location of new street connections in the TC district Figure 11: Location of new street connections in the TC-PD district Figure 12: Illustration of rowhouses or townhouses in the TC-PD district Figure 13: Illustration showing recessed or flush balconies Figure 614: Illustration of typical setback locations for a one-family dwelling Figure 157: Illustration of height measurements Figure 816: Fence height on interior residential lot Figure 917: Fence location on corner residential lot (principal building facing shorter side) Figure 1018: Fence location on corner residential lot (principal building facing longer side) Figure 1119: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet Figure 1220: Illustration of a permitted berm slope Figure 1321: Illustration of protective fence placement for trees Figure 1422: Perimeter landscaping required between a parking lot and a street Figure 1523: Illustration of parking lot perimeter screening Figure 1624: Example of how parapet walls are utilized to screen roof mounted mechanical equipment Figure 1725: Use of a wall and fencing for screening that is architecturally compatible with the principal building Figure 1826: Illustration of shadow parking concept Figure 1927: Options for locating an auxiliary parking space Figure 28: Allowable locations for off-street parking lots in the TC and TC-PD districts Figure 2029: Non-impeded access driveway Figure 2130: Parking space and aisle requirements based on angle of parking Figure 2231: Illustration of how sign area is calculated Figure 2332: Illustration of wall sign area calculation List of Tables Table 1: Development Review Procedures Table 2: Zoning Districts Table 3: Permitted Principal Uses Table 4: Permitted Accessory Uses and Structures Table 5: Permitted Temporary Uses and Structures Table 6: Permitted Encroachments Table 7: Zoning District Site Development Standards for Principal Buildings Table 8: Zoning District Site Development Standards for Accessory Structures Table 9: Species Diversity Table 10: Replacement Tree Requirements Table 11: Parking Spaces by Use Table 12: Parking space and aisle dimensions 8 509575v9 AMB CR225-423 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 approval. 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 or event centers. “Banquet halls or event centers” 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. The facility space may be used by various groups for social gatherings, meetings, parties, weddings, receptions, or dances. Subd. 15. 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. 16. 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. 17. Bed and breakfast establishment. “Bed and breakfast establishment” means an owner-occupied dwelling that offers short-term lodging, with or without meals, for compensation. Subd. 18. 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. 19. Brewer taproom, brewpub or microdistillery. “Brewer taproom, brewpub or microdistillery” has the meaning given it in the Crystal city code, chapter 12. Subd. 20. 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. 21. Building façade, primary. “Building façade, primary” means the building façade facing a street. In the case of corner buildings, the primary façade fronts the highest classification of streets, but if the classification is the same for both streets, the city has the authority to designate the primary façade. Subd. 22. Building façade, secondary. “Building façade, secondary” means the building façade on a corner lot that is not designated as the primary building façade. Subd. 2123. Building height. “Building height” means the vertical distance of a building measured in feet from average grade around the perimeter of a structure to (see Figure 1): 9 509575v9 AMB CR225-423 (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. Figure 1: Illustration of building height Subd. 2224. Building, accessory. “Building, accessory” see definition for “Accessory structure” Subd. 2325. Building, principal. “Building, principal” means a building that is the primary use of the lot. Subd. 2426. 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. 27. Building street frontage. “Building street frontage” means the proportion of a lot frontage on a street that is occupied by a building as measured at the required minimum front or corner side yard setback. Subd. 2528. 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. 2629. 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. 2730. 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. 10 509575v9 AMB CR225-423 Subd. 2831. 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. 2932. City. “City” means the City of Crystal, unless otherwise noted. Subd. 3033. 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. Subd. 3134. Commercial truck storage or parking. “Commercial truck storage or parking” means a parking lot used for the storage or temporary parking of commercial vehicles in excess of three quarter (3/4) ton capacity. Subd. 3235. 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 are not synonymous with self-storage facilities. Subd. 3336. 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. 3437. Control measure. “Control measure” means a practice or combination of practices to control erosion and attendant pollution. Subd. 3538. 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. 3639. Curb cut. “Curb cut” has the meaning given it in the Crystal city code, chapter 8. Subd. 3740. Day care facilities, Adult. “Day care facilities, Adult” means a facility providing care for the elderly or functionally-impaired adults in a protective setting for a portion of the day. For day care facilities for children, see “Day care facilities, in-home”, Day care, group family facilities” and “Schools, nursery or preschool”. Subd. 3841. 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. 11 509575v9 AMB CR225-423 Subd. 3942. Day care, group family facilities. “Day care, group family facilities” means a facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 and which serves 14 or fewer children. Subd. 4043. Deck, detached. “Deck, detached” means a freestanding deck which does not utilize the exterior wall of the principal structure for support. Subd. 4144. 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. 4245. 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. 4346. Driveway. “Driveway” has the meaning given it in the Crystal city code, chapter 8. Subd. 4447. Driveway approach. “Driveway approach” has the meaning given it in the Crystal city code, chapter 8. Subd. 4548. Drive-through establishment. “Drive-through 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. 4649. 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. Tents may be used for recreational purposes. Subd. 4750. 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. 4851. Dwelling, one-family attached. “Dwelling, one-family attached” means a building, such as townhouses or row houses, containing dwellings in which: (a) Each dwelling is located on its own parcel; (b) Each dwelling is attached to another by party walls without openings; and (c) Each dwelling has primary ground floor access to the outside. Subd. 4952. 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. 5053. Dwelling, two-family. “Dwelling, two-family” means a building designed exclusively for occupancy by two families living independently of each other and which is 12 509575v9 AMB CR225-423 typically referred to as a double bungalow or duplex, where the entire building is located on a single lot. Subd. 5154. 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. 5255. 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. 5356. 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. 5457. Family. “Family” means one or more persons maintaining a common household and using common cooking facilities. Subd. 5558. Farm fence. “Farm fence” means a fence as defined by Minnesota Statutes, section 344.02, subdivision 1(a)-(d). An open type fence of posts and wire is not considered to be a structure in the floodplain overlay district requirements. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under the floodplain overlay district provisions. Subd. 5659. Filtration. “Filtration” means a process by which stormwater runoff is captured, temporarily stored, and routed through a filter bed to improve water quality and slow down stormwater runoff. Subd. 5760. 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. 5861. 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. 5962. 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. 6063. 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. 6164. 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. 6265. Flood prone area. “Flood prone area” means any land susceptible to being inundated by water from any source (see “Flood”). 13 509575v9 AMB CR225-423 Subd. 6366. 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. 6467. 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. 6568. 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. 6669. 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. 6770. 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. Subd. 6871. Frontage. “Frontage” means the line of contact of a property with a public right-of-way. Subd. 6972. 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. 7073. 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. 7174. 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. 7275. 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. 7376. Grade. “Grade” means the average finished ground level of the land around the perimeter of a lot, structure, or building. Subd. 7477. 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 this UDC. Subd. 7578. 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 14 509575v9 AMB CR225-423 for allowable signage does not alter the exterior of the property or affect the residential character of the neighborhood. Subd. 7679. 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. 7780. 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. Subd. 7881. 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. 7982. 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. 8083. 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. 8184. 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. 8285. Industrial or commercial uses with outdoor storage of parts, products, or fuel. “Industrial or commercial uses with outdoor storage of parts, products, or fuel” means those industrial or commercial uses, such as recycling establishments, truck terminals, public works yards, building or landscape contractor yards, or other commercial businesses that find it necessary to have outdoor/open storage of parts, products, or fuels to support the principal use of the property. This includes commercial truck storage or parking as defined in this UDC, but not those temporary outdoor storage uses which are regulated in the Crystal city code section 515.25. Subd. 8386. Infiltration. “Infiltration” means the passage of water into the ground through the soil. Subd. 8487. Kennels, commercial. “Kennels, commercial” has the meaning given it in the Crystal city code, chapter 9. Subd. 8588. Kennels, multiple animal. “Kennels, multiple animal” has the meaning given it in the Crystal city code, chapter 9. Subd. 8689. 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 15 509575v9 AMB CR225-423 in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 8790. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. Figure 2: Illustration of lot configuration Subd. 8891. Lot, corner. “Lot, corner” means a lot abutting on more than one street and situated at an intersection of streets (see figure 2). Subd. 8992. Lot, interior. “Lot, interior” means a lot abutting on only one street (see figure 2). Subd. 9093. Lot, through. “Lot, through” means a lot abutting on more than one street but not situated at an intersection of streets (see figure 2). Subd. 9194. Lot, through corner. “Lot, through corner” means a lot abutting on more than one street and situated at more than one intersection of streets (see figure 2). Subd. 9295. Lot area. “Lot area” means the area of a horizontal plane within the lot lines. Subd. 9396. 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. 9497. 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 or through corner lot, the lot line for which the home is facing shall be the front lot line (see figure 3). 16 509575v9 AMB CR225-423 Figure 3: Illustration showing yards for through lot Subd. 9598. 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. 9699. Lot line, side. “Lot line, side” means any lot line that is not a front, rear or corner side lot line. Subd. 97100. Lot line, corner side. “Lot line, corner side” means any street-abutting lot line that is not a front or rear lot line. Subd. 98101. 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 UDC. Subd. 99102. 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. 100103. 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. 101104. 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.” 17 509575v9 AMB CR225-423 Subd. 102105. 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. 103106. Medical clinics. “Medical clinics” means a building, or part of a building, where persons are cared for on an outpatient basis. Subd. 104107. Mobile food unit. “Mobile food unit” has the meaning given it from the Crystal city code, chapter 13. Subd. 105108. 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. 106109. 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 provisions. Subd. 107110. 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. 108111. 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 allowed use in the zoning district in which it is located. Subd. 109112. Non-conforming structure. “Non-conforming structure” means any structure permitted prior to the effective date of this UDC, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this UDC. Subd. 110113. 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. 111114. 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. 112115. 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. 113116. One hundred year floodplain. “One hundred year floodplain” means lands inundated by the “Regional Flood” (see definition). Subd. 114117. Owner or property owner. “Owner or property owner” means the owner or taxpayer of record according to Hennepin County property tax records. 18 509575v9 AMB CR225-423 Subd. 115118. Parapet wall. “Parapet wall” means that portion of building wall that rises above the roof level. Subd. 116119. Parking lot. “Parking lot” means land, not within a building, that is surfaced in accordance to the requirements of this UDC and used for the temporary parking of motor vehicles. Subd. 117120. Parking ramp or structure. “Parking ramp or structure” means a structure designed and used for the storage of motor vehicles at, below, or above grade or a combination thereof. Subd. 118121. 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. 119122. 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. 120123. 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 county office and Minnesota Statutes, section 505. Subd. 121124. 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. 122125. Porch, open. “Porch, open” means a porch that has a roof but is not enclosed with windows, screens or walls. An open porch that does not have a roof is defined as a deck. Subd. 123126. 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. 124127. Private recreational facilities, indoor. “Private recreational facilities, 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. Subd. 125128. Private recreational facilities, outdoor. “Private recreational facilities, outdoor” means private recreational facilities providing outdoor activities that includes, but is not limited to, sand volleyball courts, miniature golf courses, batting cages, and tennis courts. 19 509575v9 AMB CR225-423 Subd. 126129. 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 service centers. Public and semipublic buildings do not include public utility buildings, schools, or religious institutions. Subd. 127130. Public waters. “Public waters” means waters of the state as defined in Minnesota Statutes, section 103G.005. Subd. 128131. 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. 129132. Recreational vehicle. “Recreational vehicle” has the meaning given the term 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. 130133. 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. 131134. Regulatory flood protection elevation (RFPE). “Regulatory flood protection elevation” or “RFPE” means an elevation not less than two 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. 132135. 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. 133136. 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. 134137. 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. 135138. 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. 20 509575v9 AMB CR225-423 Subd. 136139. 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. 137140. 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. Subd. 138141. 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. 139142. Schools, elementary or secondary. “Schools, elementary or secondary” means buildings used to teach students that includes elementary schools, middle schools or high schools. Subd. 140143. Schools, nursery or preschool. “Schools, nursery or preschool” means a school or facility 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. 141144. 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. 142145. 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. 143146. 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 does not include institutions such as specialized care facilities. 21 509575v9 AMB CR225-423 Subd. 144147. 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 4: Illustration showing typical setbacks for a one-family dwelling Subd. 145148. Setback, front. “Setback, front” means the minimum required horizontal distance between a structure and the front lot line (see figure 4). Subd. 146149. Setback, rear. “Setback, rear” means the minimum required horizontal distance between a structure and the rear lot line (see figure 4). Subd. 147150. Setback, side. “Setback, side” means the minimum required horizontal distance between a structure and the side lot line (see figure 4). Subd. 148151. Setback, corner side. “Setback, corner side” means the minimum required horizontal distance between a structure and the corner side lot line (see figure 4). Subd. 149152. Shed. “Shed” means a detached accessory building that is used primarily for the storage of goods, not vehicles. Subd. 150153. Sign face. “Sign face” means the surface of the sign upon, against, or through which the message of the sign is exhibited. Subd. 151154. Sign structure. “Sign structure” means any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 152155. 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. “Abandoned sign” means any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period 24 509575v9 AMB CR225-423 (g) Pylon sign. “Pylon sign” means any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. (h) Roof sign. “Roof sign” means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (i) Rotating sign. “Rotating sign” means a sign or portion of a sign which turns about on an axis. (j) Sandwich board sign. “Sandwich board sign” means a moveable sign not attached to the ground and constructed in such as manner as for form an “A” or a tent-like shape, hinged or not at the top, each angular face held at an approximate distance by a supporting member. (k) Shimmering sign. “Shimmering sign” means a sign which reflects an oscillating sometimes distorted visual image. (l) Small sign. “Small sign” means a single sign six square feet or less in size. (m) Temporary sign. “Temporary sign” means a sign which is erected or displayed, or both, for a limited period of time. (n) Vehicle sign. “Vehicle sign” means any sign exceeding 10 square feet in sign area that is mounted, painted, placed, affixed or attached to a trailer, watercraft, truck, automobile or other form of motor vehicle that is parked so that the sign is discernable from a public street or right-of-way as a means of communication. The vehicle upon which the sign is affixed must function primarily as a means to display the sign rather than as a transportation device, as determined by consideration of any combination of the following factors: a) the absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; b) the vehicle on which the sign is displayed is inoperable; c) the vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot; d) the vehicle displaying the sign remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or e) the vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis. (o) Wall sign. “Wall sign” means any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one 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. 153156. Small wireless facility. “Small wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 11. 25 509575v9 AMB CR225-423 Subd. 154157. Special flood hazard area. “Special flood hazard area” means a term used for flood insurance purposes synonymous with “One hundred year floodplain.” Subd. 155158. 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, assisted living facilities, memory care facilities, housing with services establishments, and hospices. This does not include senior housing or the residence of any individual who cares for another family member. Subd. 156159. Start of construction. “Start of construction” means in relation to the floodplain overlay district, 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 any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Subd. 157. 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. 158160. 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. 159161. 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. 160162. Structure. “Structure” means anything constructed or erected on or connected to the ground, whether temporary or permanent in character. Subd. 161163. 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 26 509575v9 AMB CR225-423 separation of a parcel into two or more parcels. The term also includes the activity regulated by Minnesota Statutes, chapters 515, 515A, and 515B. Subd. 162164. Substantial damage. “Substantial damage” means in relation to the floodplain overlay district 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. 163165. Substantial improvement. “Substantial improvement” means in relation to the floodplain overlay district 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. 164166. Survey, certified. “Survey, certified” means a scaled drawing prepared by a registered land surveyor of a property 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 may also show additional information such as topographic data and the location of recorded easements. Subd. 165167. 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. This term does not include wireless facilities, which are separately defined under this UDC. Subd. 166168. Telecommunications tower or tower. “Telecommunications tower or tower” means a self-supporting lattice, guyed, or monopole structure constructed from grade whose principal use is to support telecommunications facilities. The term tower shall not include amateur radio operations equipment licensed by the Federal Communications Commission (FCC). This term does not include wireless facilities or wireless support structures, which are separately defined under this UDC. 27 509575v9 AMB CR225-423 Subd. 167169. 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. 168170. 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 shall be grassed and landscaped or covered only for recreational purpose. Roofs, driveways and parking areas shall not constitute useable open space. Subd. 169171. 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 UDC. Subd. 170172. 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. 171173. Use, permitted. “Use, permitted” means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, including development standards, of such districts. Subd. 172174. 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. 173175. Use, temporary. “Use, temporary” means a use that may be permitted for a specified period of time. Subd. 174176. Variance. “Variance” means an approval issued by the city council waiving the application of one or more provisions of this UDC with respect to a particular property in instances where the applicant demonstrates that there are practical difficulties in strictly complying with the requirements of this UDC because of circumstances unique to the property that were not caused by the applicant. Subd. 175177. 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. 176178. 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, such as muffler repair, oil change and lubrication, or tire service and sales. 28 509575v9 AMB CR225-423 Subd. 177179. Vehicle impound lot. “Vehicle impound lot” means a parcel of land used for the outdoor storage of impounded vehicles, including impounded recreational vehicles. Commercial truck storage or parking, as defined in this UDC, is not a vehicle impound lot. Subd. 178180. Vehicle repair. “Vehicle repair” means the general repair and maintenance of vehicles 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. Sub. 179181. Volume management. “Volume management” means the retention and abstraction of a certain volume of stormwater runoff onsite through techniques such as infiltration, evapotranspiration, and capture and reuse. Subd. 180182. 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; (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. 181183. Wireless facilities. “Wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 13. Subd. 182184. Wireless support structures. “Wireless Support Structure” has the meaning given in Minnesota Statutes, section 237.162, subdivision 16. Subd. 183185. 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. 184186. 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. 29 509575v9 AMB CR225-423 Figure 5: Illustration showing yard locations Subd. 185187. 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 5). Subd. 186188. 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 5). Subd. 187189. 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 5). Subd. 188190. 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 5). 48 509575v9 AMB CR225-423 (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. 510.29. Rezoning or text amendments. Subd. 1. Applicability. This subsection outlines the procedural requirements for the amendment of the text of this UDC or the official zoning map. A rezoning request to rezone to the planned development overlay district shall be submitted and processed as provided in the Crystal city code, subsection 510.31. An amendment to the text of this UDC or the official zoning map may be initiated by the planning commission, the 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 the Crystal city code, subsection 510.31, the applicant shall also 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; and (c) If applicable, the adequacy of a buffer or transition provided between potentially incompatible districts. 510.31. Rezoning to planned development overlay district (PD). Subd. 1. Approval. Approval of a rezoning to PD and approval of a site plan that is in conformance with the Crystal city code, subsection 515.13 is subject to the approval procedures of this subsection. Approval of a rezoning to PD is also subject to the relevant requirements in the Crystal city code section 510.29. (a) A request to rezone a property to Town Center Planned Development (TC-PD) shall only be allowed for those properties identified on the official zoning map as located within the TC-PD overlay district. When a property has been rezoned to TC-PD, there shall be no underlying zoning district classification. Subd. 2. Effect of city council decision. 51 509575v9 AMB CR225-423 Section 515 Zoning Districts and Use Regulation 515.01. Official 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) Established. The zoning classifications and zoning districts specified in Table 2 are hereby established within the city to carry out the purposes of this UDC. Table 2: 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 TC Town Center Core 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. (1) 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. (2) 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. 53 509575v9 AMB CR225-423 (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 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 520. Subd. 3. R-3 High density residential district. (a) Purpose. The purpose of the R-3 High density residential district is to provide for multiple family buildings and directly related, complimentary uses, together with limited commercial uses as provided herein. In accordance with the comprehensive plan, densities are to be no less than 16 and no more than 40 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, subsection 520.03 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 520. Subd. 4. 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. 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, subsection 520.03 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 520. Subd. 5. Town Center Core District (a) Purpose. The purpose of the TC – Town Center Core district is to accommodate walkable, mixed-use development enhancing the public realm such as parks and streets. Shops mix with multi-family and employment, buildings frame the street and face Becker Park, and local multi-modal streets balance the needs of all users. (b) Applicability. Existing nonconformities may continue or redevelop as allowed by the Crystal city code, section 515.29. Notwithstanding those regulations, it is the city’s 54 509575v9 AMB CR225-423 desire that redevelopment of properties within the TC district adhere to the planned land use designations of the comprehensive plan and to the requirements of this subsection. The requirements of subsections (d) and (e) of this subdivision are only applicable to new buildings constructed after the effective date of this UDC. (c) Uses. Principal permitted uses are shown in Table 3 of the Crystal city code, section 515.17. Multiple principal uses within a single parcel or building are permitted in the TC district. (d) Densities. Residential densities are as shown in Table 7 of the Crystal city code, section 520.03. An applicant may exceed these densities by up to 60 percent if the building height requirements of this section are met. (e) Site development standards. In addition to the following standards established for the TC district, all development shall be subject to applicable standards as provided in Crystal city code, section 520. The TC district also includes specific standards for building placement, height, and facades in order to encourage development that enhances walkability and the pedestrian experience, frames the public realm, and seamlessly transitions to adjacent development. (1) Building placement. Principal buildings shall meet the building setback requirements found in Table 7. The purpose of these requirements is to create buildings that have the dominant lines of their facades parallel the line of the street and create a well-defined street edge. (a) At intersections, buildings shall have street facades at or near the sidewalk at the corner (see Figure 6) Figure 6: Illustration of a building that meets both corners at a street intersection (b) Building street frontage. At least 75 percent of the building street frontage shall be occupied by the principal building on a primary building façade or at least 50% for a secondary building façade (see Figure 7). The following are exceptions to these requirements: 55 509575v9 AMB CR225-423 (i) The city may consider a reduction to 60 percent to the building street frontage requirement on a primary building façade based on the unique characteristics of the site, if the applicant can demonstrate to the satisfaction of the city that the building and site design fulfills the purposes of the TC district. (ii) If a building fronts on more than three streets, there is no building street frontage requirement for those property frontages not defined as primary or secondary facades. Figure 7: Illustration of required building street frontages (2) Building height. Maximum building height requirements are shown in Crystal city code, subsection 520.03. (a) The following are additional height requirements: (i) Story height. Stories above the ground floor are limited to 12 feet in height. Stories are measured from finished floor to finished ceiling. (ii) Ground floor height. Ground floor height shall be no less than 12 feet in height, but not more than 20 feet. Ground floor height above 20 feet counts as an additional story. (iii) Shadow effects study. If a proposed building is located within 75 feet of the property line of a residential use, the applicant shall submit a shadow effect study to determine any negative shadow impacts to those uses. If negative impacts are determined, the city may require design techniques to mitigate the impacts, such as reducing the height of the building, relocating or reorienting the building within the site, reducing building mass, or stepping-back a portion of the building. 56 509575v9 AMB CR225-423 (iv) Proximity to Crystal Airport. Buildings shall comply with Crystal city code section 520.01, subd. 5 (c) for construction near the Crystal Airport. (b) Exceed height limitations. The city may, in its discretion, allow buildings to be constructed to a height of eight stories or 100 feet, whichever is less, upon consideration of the following factors: (i) Shadow effects. Shadow effects from the taller building will not have significant negative impacts on neighboring properties. A shadow effects study may be required by the city to document these impacts. (ii) Building massing. The dimensions of the taller building are not disproportionately larger than neighboring buildings. (iii) Views. The taller building will not have significant negative impacts to the views of Becker Park by neighboring properties. (3) Building facades. Building facades shall meet the following requirements: (a) Building articulation. Buildings exceeding 50 feet in width along a street shall incorporate articulation in street-facing facades to break down the scale of large buildings and create visual interest. Techniques to incorporate articulation include stepping back or extending forward a portion of the façade, using different textures or contrasting but compatible materials, dividing the building into storefronts with separate display windows and entrances, use of awnings, balconies, or similar ornamental features, or varying the roofline to reinforce the articulation of the primary façade (see Figure 8). Figure 8: Illustration of techniques used to break down the scale of large buildings (b) Facades facing Becker Park. For those buildings having facades facing Becker Park, the façade facing the park shall be of similar or compatible quality, design and materials as the primary building façade. 57 509575v9 AMB CR225-423 (c) Façade glazing. Façade glazing for buildings at the street frontages shall meet the following minimum requirements: i. Minimum area requirements. The first floor shall have a minimum glazing of 50 percent and upper floors shall have a minimum glazing of 30 percent. ii. Tinted and reflective glass are prohibited. iii. At least 30 percent of the façade glazing area shall remain free of signage or other opaque materials. (d) Satellite dishes and heating, ventilation and air conditioning equipment (HVAC), except for wall vents, are not permitted on the primary building façade. (e) Building entries. (i) Primary building entry. A functioning primary building entry shall be provided on the primary building façade. This entry shall be clearly defined by means of a canopy, portico, recess, or similar architectural elements (see Figure 9). Figure 9: Illustration of clearly defined building entries (ii) Secondary building entry. A functioning secondary building entry shall be provided on the primary building façade for buildings exceeding 60 feet in width. (4) New street locations. To create better connected streets when redevelopment occurs in the TC district, new streets shall be constructed in the locations shown in Figure 10. The city will consider alternate street locations that achieve this intent. 58 509575v9 AMB CR225-423 Figure 10: Location of new street connections in the TC district Subd. 56. I Industrial District. (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, subsection 520.03 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 520. Subd. 67. AP Airport district. (a) Purpose. The purpose of the AP airport 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, subsection 520.03 shall constitute as the site development standards that apply to the AP district. 59 509575v9 AMB CR225-423 (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 520. 515.07. Overlay zoning districts. The overlay districts are as provided below: (a) Floodplain overlay district. The floodplain overlay district is subject to the Crystal city code, subsection 515.09 (b) Shoreland overlay district. The shoreland overly district is subject to the Crystal city code, subsection 515.11 (c) Planned development overlay district. The planned development overlay district is subject to the Crystal city code, subsection 515.13. (d) Transient-oriented development overlay district. The transient-oriented development overlay district is subject to the Crystal city code, subsection 515.15. 515.09. Floodplain overlay district (FP). Subd. 1. 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. Subd. 2. Purpose. (a) 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. (b) 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. (c) 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. Subd. 3. 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”). 76 509575v9 AMB CR225-423 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 the Crystal city code, subsection 515.03. 515.11. Shoreland overlay district. Reserved. 515.13. Planned development overlay district (PD). 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.encourage multi-modal streets that balance the needs for all users, to permit a range of compatible uses that permit conversion of existing buildings, and development of new buildings. Within the TC- PD district area, such flexibility also promotes the transformation of the city’s main commercial area into a more compact mixed-use area. (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 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. Except for those uses in the TC-PD district which have separate requirements in this section, Within within the PD district all permitted, accessory and temporary uses of the underlying zoning district are allowed. As part of the flexibility allowed in the PD district, the city council may, but is not obligated to, allow uses with the PD site that are only allowed in other zoning districts. 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. 77 509575v9 AMB CR225-423 Subd. 3. Development standards. Except for the TC-PD district, which has separate requirements in subd. 4 of this section, Within within the PD district all development must shall 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 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 in accordance with subdivision 2 of this subsection. (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 development standards as provided in the Crystal city code, section 520 and the signage requirements as provided in the Crystal city code, section 530, apply to a PD as deemed appropriate by the city. Subd. 4. Development standards for the TC-PD district. Within the TC-PD district, all development shall be in compliance with the following: (a) Uses. (1) Permitted principal uses. All permitted principal uses allowed in the TC district in Table 3 are also allowed in the TC-PD district. The following additional principal uses are also allowed in the TC-PD district. Unless otherwise noted, all uses are allowed without a conditional use permit, but whether the use is permitted or conditional, it shall adhere to any required use-specific standards. 78 509575v9 AMB CR225-423 (i) Day care facilities, adult (ii) Dwellings, one-family attached (iii) Hospitals (iv) Private recreational facilities, indoor (v) Public or semi-public buildings, with a conditional use permit (vi) Religious institutions, with a conditional use permit (vii) Schools, elementary or secondary, with a conditional use permit (viii) Schools, nursery or preschool, with a conditional use permit (ix) Schools, trade or business, with a conditional use permit (x) Specialized care facilities (2) Accessory uses. All permitted accessory uses allowed in the TC district in Table 4 are also allowed in the TC-PD district. The following additional accessory uses are also allowed in the TC-PD district. Unless otherwise noted, all uses are allowed without a conditional use permit, but whether the use is permitted or conditional, it shall adhere to any required use-specific standards. (i) Drive-through facilities, with a conditional use permit (ii) Fences (iii) Garages (iv) Porches and decks (v) Signs, under the same requirements as the TC district (3) Temporary uses. All permitted temporary uses in Table 5 are allowed in the TC- PD district. The use shall comply with any time limits, required permits, and use specific-standards listed in that table. (b) Densities. Residential densities shall be constructed to a density of 16 to 40 units per gross acre. An applicant may exceed these densities by up to 60 percent if the building height requirements of the TC-PD district are met. (c) Building design. All new buildings within the TC-PD district shall adhere to the TC district site development standards for building placement, height and facades in the Crystal city code, section 515.05, subd. 5. (d) Parking. The development shall provide parking according to the requirements in the Crystal city code, section 520.15, subd. 6. If the applicant desires to alter the number of 79 509575v9 AMB CR225-423 required parking spaces through the TC-PD approval process, the following information shall be submitted: (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; (iv) Such other information as may be requested by the city to determine that sufficient parking is provided for the proposed use. (e) Minimum green space. The minimum green space requirement in the TC-PD district is the same as the TC district. (f) New street locations. To create better connected streets when redevelopment occurs in the TC-PD district, new streets shall be constructed in the locations shown in Figure 11. The city will consider alternate street locations that achieve this intent. Figure 11: Location of new street connections in the TC-PD district (g) Other development standards. In addition to the standards established for the TC- PD district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. 80 509575v9 AMB CR225-423 Subd. 45. 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 subsection. (a) Minor Amendments. (1) 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. (2) Minor amendments are subject to a Type 1 review procedure. (3) The zoning administrator may determine that a proposed minor amendment qualifies as a major amendment, requiring a Type 2 review procedure as provided in subdivision 4 of this subsection. (b) Major Amendments. Major amendments shall include all changes that are not classified as minor amendments above and shall be subject to a Type 2 review procedure. A major amendment may include: (1) A substantial alteration of the location of buildings, parking areas or roads; (2) An increase or decrease in the number of residential dwelling units by more than 5%; (3) 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%; (4) An increase in the number of stories of any building; (5) A decrease in the amount of open space by more than 5% or an alteration which changes its original design or intended use; or (6) The creation of non-compliance with any special condition attached to the approval of the site plan. 515.15. Transit oriented development overlay district. Reserved. 515.17. Permitted principal uses. Subd. 1. General provisions. Table 3 lists the principal uses allowed within all zoning districts except for the overlay zoning districts. Except for the TC-PD district, which has separate 81 509575v9 AMB CR225-423 requirements, The 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 3 organizes the uses by use categories and use types. (1) 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. (2) 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, one-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 Table 3 are defined as follows: (1) 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 Table 3. Permitted uses are subject to all other applicable standards of this UDC; (2) 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 Table 3 and approval of a conditional use permit in accordance with the Crystal city code, subsection 510.19. Conditional uses are subject to all other applicable standards of this UDC. (3) Prohibited uses (--). A cell with a “--" indicates that the listed use type is prohibited in the respective zoning district. (4) Use-specific standards. The “use-specific standards” column of Table 3 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. (5) Unlisted uses. If an application is submitted for a use that is not listed in Table 3, 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. 82 509575v9 AMB CR225-423 Table 3: 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 TC I AP Residential Use Category Bed and Breakfast Establishments C C C - - - - 515.19, subdivision 2 (a) Dwellings, Multi-Family - P P - P - - 515.19, subdivision 2 (b) Dwelling, One-Family, Attached - P P - - - - 515.19, subdivision 2 (c) Dwelling, One-Family, Detached P P - - - - - 515.19, subdivision 2 (d) Dwellings, Two-Family P P P - - - - Group Living Use Category Specialized Care Facilities (1-6 persons) [1] P P P P - _ - Specialized Care Facilities (7 or more persons) [1] - C P C P - - - 515.19, subdivision 3 (a) State Licensed Residential Facility P P P - - - Commercial Use Category Airport Facilities - - - - - - P 515.19, subdivision 4 (a) Animal Hospital/Veterinary Clinics [1] - - - P P P - 515.19, subdivision 4 (b) Banks or Financial Institutions - - - P P - - Banquet Halls or Event Centers - - - C - C - Brewer Taprooms, Brewpubs or Microdistillery - - - P P P - 1200 Clubs or Lodges - - - P P P - Convenience Stores - - - P P - - 83 509575v9 AMB CR225-423 Table 3: 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 TC I AP Day Care Facilities, Adult C C C P _ P - 515.19, subdivision 4 (c) 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 P - 515.19, subdivision 4 (d) Kennels, Commercial [12] - - - P - P - 515.19, subdivision 4 (e) Offices, Professional - C C P P P P 515.19, subdivision 4 (f) Parking Ramps or Structures - - - P P P P 515.19, subdivision 4 (g) Personal Services [23] - C C P P P 515.19, subdivision 4 (h) Restaurants or Eating Establishments [34] - C C P P P - 515.19, subdivision 4 (hi) Retail Establishments [45] - C C P P P - 515.19, subdivision 4 (ij) Theater, Indoor - - - P P - - Vehicle Repair - - - C - P - 515.19, subdivision 4 (jk) Vehicle, Boat or Recreational Sales or Rental - - - P - P - 515.19, subdivision 4 (kl) Vehicle Fuel Sales - - - P - - - 515.19, subdivision 4 (ml) Vehicle Wash or Detailing - - - P - P - 515.19, subdivision 4 (nm) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - - P - 84 509575v9 AMB CR225-423 Table 3: 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 TC I AP Bulk Storage of Liquids - - - P - P P 515.19, subdivision 5 (a) Industrial Uses (Indoors) - - - P- - P - Industrial Or Commercial Uses with Outdoor Storage of Parts, Products, or Fuels - - - P - P - 515.19, subdivision 5 (b) Self Storage Facilities - - - P - P - Warehouse - - - P - P P Vehicle Impound Lot - - - - - C - 515.19, subdivision 5 (c) Public Facilities, Telecommunication and Utilities Use Category Essential Services P P P P P P P Public utility buildings C C C C - C P 515.19, subdivision 6 (a) Telecommunications Towers C C C C - P P 515.19, subdivision 6 (b) Wireless support structures C P P P - P P 515.19, subdivision 6 (c) Public, Institutional and Recreational Use Category Cemeteries C C C - - - - Hospitals - C C P - P - 515.19, subdivision 7 (a) Private Recreational Facilities, Indoor C C C P - P - Private Recreational Facilities, Outdoor - - - C - C - Public Parks and Playgrounds P P P - P - - Public or Semi-Public Buildings C C C C - C - 515.19, subdivision 7 (b) Religious Institutions C C C C - C - 515.19, subdivision 7 (c) 85 509575v9 AMB CR225-423 Table 3: 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 TC I AP Schools, Elementary or Secondary C C C C - C - 515.19, subdivision 7 (d) Schools, Nursery or Preschool C C C C - C - 515.19, subdivision 7 (e) Schools, Trade or Business - C C P - P - 515.19, subdivision 7 (f) Notes: 1. If a provision in Minnesota statute or rule expressly requires a city to allow a specialized care facility as a permitted or conditional use within a residential district, the use shall be allowed as provided in law up to the number of people indicated in the particular statute or rule, unless a larger number is allowed in the district under this UDC. 12. Outdoor facilities may be permitted with a conditional use permit 23. A plant may be allowed as part of a dry cleaning establishment with a conditional use permit 34. On-sale liquor, wine, or beer may be allowed to a greater extent than the permitted use with a conditional use permit. 45. Outdoor repair may be permitted 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 3. (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: 86 509575v9 AMB CR225-423 (1) The owner shall reside on the property; (2) The property abuts and the building faces an arterial or major collector street; (3) The establishment shall comply with the city’s liquor license regulations in the Crystal city code, chapter XII, as well as state health and building codes; (4) Signage is limited to one sign that indicates the name of and contact information for the bed and breakfast establishment but no other material. There may be one such sign not to exceed four square feet in area, not to exceed five feet in height if free standing, and not to be lighted unless the lighting will not negatively impact adjacent properties; (5) No external vending machines shall be allowed. (b) Dwellings, multiple-family. Except for the TC and TC-PD districts which have separate requirements, buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. Multiple-family dwellings are subject to the following standards: (1) Buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. (c)One-family attached dwellings. One-family attached dwellings are subject to the following standards: (1) Collective maintenance of building exteriors, driveways, landscaping, and common areas for one-family attached dwellings is required. (2) In the TC-PD district, one-family attached dwellings shall be constructed in the form of rowhouses or townhouses (see Figure 12). This building form shall consist of at least three dwelling units placed side by side where each unit has a separate entrance. Figure 12: Illustration of rowhouses or townhouses in the TC-PD district (d) 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 87 509575v9 AMB CR225-423 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. Subd. 3. Group living use category. (a) Specialized care facilities. Specialized care facilities are subject to the following standards: (1) 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 (2) Drive-through facilities are specifically prohibited. Subd. 4. Commercial use category. (a) Airport facilities. Airport facilities are subject to the following standards: (1) Adequate controls, such as fencing, shall be provided to prevent unauthorized access onto airport property; (2) Buildings and uses shall be subordinate to the operation of the Crystal Airport; and (3) 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. (b) Animal hospitals/veterinary clinics. Except in the TC district, Outdoor outdoor facilities, such as dog kennels or runs, are allowed with a conditional use permit and are subject to the following standards: (1) Such use shall be incidental to the animal hospital use and used for the short-term boarding of animals; and (2) The applicant has demonstrated that the outdoor facility will not negatively impact neighboring properties through the use of screening or buffering. (c) Day care facilities, Adult. Picking up and dropping off of clients shall not create unsafe conditions. Loading and unloading of clients from vehicles shall only be allowed in the driveway or in an approved parking area. (d) Hotels, motels, or extended stay establishments. The property abuts at least one of the following street segments: (1) Lakeland Avenue between the Canadian Pacific Railroad and 58th Avenue North; or (2) West Broadway between Corvallis Avenue and 56th Avenue North. 88 509575v9 AMB CR225-423 (e) Kennels, commercial. Outdoor facilities, such as dog kennels or runs, are allowed with a conditional use permit and are subject to the following standards: (1) Such use shall be for the short-term boarding of animals; (2) The applicant has demonstrated that the outdoor facility will not negatively impact neighboring properties through the use of screening or buffering. (f) Offices, professional. Professional offices are subject to the following standards: (1) Within the TC district, office space is limited to 15,000 gross square feet per floor. Additional square footage may be allowed with a conditional use permit, not to exceed a building footprint of 20,000 square feet. (2) Within the Industrial district, professional offices are limited to 50% of the gross floor area of the principal use. (g) Parking ramps or structures. (1) For all zoning districts, parking ramps or structures are subject to the following standards: (i) Structure entrances shall minimize conflict with pedestrian movement. (ii) The appearance of the structure entrances shall be minimized so that they do not dominate the street frontage of the building. Possible techniques to achieve this design include recessing the entry, extending portions building over the entry, using screening and landscaping to soften the appearance of the entry, using the smallest curb cut and driveway possible, and subordinating the parking entrance (compared to the pedestrian entrance) in terms of size, prominence, location and design emphasis. (2) Within the TC and TC-PD districts, parking ramps or structures are subject to the following additional standards: (i) For those parking ramps or structures located on a corner lot, the entry shall not be located on a primary building façade. (ii) On at least 50 percent of all building facades, with priority given to those facades abutting a public street, the ground floor of any parking structure shall have habitable or commercial space for a depth of 30 feet. (iii) Parking structure height shall not exceed the finished ceiling height of the top floor of the tallest principal building within 500 feet. (iii)(iv) Upper floors of the structure shall be designed and detailed in a manner consistent with adjacent buildings. (h) Personal Services. Within the TC district, space for personal services is limited to 15,000 gross square feet per floor. Additional square footage may be allowed with a conditional use permit, not to exceed a building footprint of 20,000 square feet. 89 509575v9 AMB CR225-423 (i) 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. This limit may be exceeded with a conditional use permit provided that: (1) 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. (j) Retail establishments. Retail establishments are subject to the following standards: (1) Repair is allowed for a retail establishment, but a conditional use permit is required if the repair is done outdoors. The applicant shall demonstrate that such outdoor repair will not negatively impact neighboring properties. (2) Within the TC district, retail space is limited to 15,000 gross square feet per floor. Additional square footage may be allowed with a conditional use permit, not to exceed a building footprint of 20,000 square feet. (3) Within the Commercial district, retail establishments may have up to 50% of the gross floor area as storage or warehouse space. (4) Within the Industrial district, retail establishments are limited to 50% of the gross floor area of the principal use. (k) Vehicle repair. Vehicle repair is subject to the following standards: (1) The property abuts at least 1 of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; and (2) There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. (l) Vehicle, boat, or recreational sales or rental. Vehicle, boat, or recreational sales or rental is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii)Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; 91 509575v9 AMB CR225-423 (a) Bulk storage of liquids. If the storage is within 300 feet of properties used for residential purposes, such storage shall not exceed 25,000 gallons. (b) Industrial or commercial uses with outdoor storage of parts, products, or fuels. Industrial uses with outdoor storage of parts, products or fuels are subject to the following standards: a. The storage or parking area is hard surfaced, clearly designated on the site as being limited to the specific, approved area, and meets the relevant requirements as provided in the Crystal city code section 520.15 for hard surface design; and b. The storage or parking area does not exceed the following size requirements: i. In the commercial district, 50% of the gross floor area of the principal building, 25% of the area of the property, or 5,000 square feet, whichever is less. In the industrial district, 100% of the gross floor area of the principal building, 50% of the area of the property, or 10,000 square feet, whichever is less. (3) The storage or parking area is prohibited in the front or corner side yard. (4) The storage or parking area is subject to the screening requirements of the Crystal city code section 520.13. (5) The applicant shall receive zoning certificate approval for the storage or parking area. (c) Vehicle impound lot. Vehicle impound lots are subject to the following standards: (1) The use does not include non-impound purposes, such as seasonal storage; (2) The impound lot is located on a property that abuts the right of way of an active freight railroad; (3) 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; (4) The impound lot is located on a property that does not abut any property used for residential purposes; (5) The portion of the property occupied by the impound lot does not exceed one acre; and (6) Vehicles shall only be parked on a designated hard surfaced area that meets the requirements of the Crystal city code, subsection 520.15, subdivisions 10 and 11(c), (e), (f), (g) and (i) for design of the hard surface. Vehicles shall not be parked in landscaped areas, adjacent property, or the public right-of-way. Subd. 6. Public facilities, telecommunications and utilities use category. 101 509575v9 AMB CR225-423 (2) 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, 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 subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not creating adverse impacts on surrounding lands. Subd. 2. General provisions. (1) Table 4 lists the accessory uses allowed within all zoning districts except for the overlay zoning districts. Except for the TC-PD district which has separate requirements, The the uses permitted in the overlay districts shall be controlled by the underlying base zoning district. (2) Small accessory uses such as arbors, benches, doghouses, play sets, garden decorations, pergolas, and firewood cribs are exempt from the provisions of this subsection, but cannot be located in public rights-of-way. (3) Tents, play houses, or similar structures shall not be used as temporary or permanent dwelling units, but may be used for recreational purposes. (4) Any accessory structure 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. (5) Accessory structures shall only be constructed concurrent with or after the construction of the principal building on the same site. (6) Uses and structures that are accessory to a conditional principal use shall be permitted in accordance with this subsection, 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 Table 4 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type or structure 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 Table 4. Permitted uses are subject to all other applicable standards of this UDC; 103 509575v9 AMB CR225-423 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C TC IAP Accessory Uses Assembly or gathering space - - - P P P - No 515.23, subdivision 2 (a) Day Care Facilities, In home P P P - P - - No Drive-through facilities - - - C - - - Not Applicable 515.23, subdivision 2 (c) Home Businesses P P P - P - - No 515.23, subdivision 2 (d) Keeping of Chickens P P - - - - - No 910 Kennels, Commercial P - - - - - - No 515.23, subdivision 2 (e) Kennels, Multiple Animal P P P - - - - No 515.23, subdivision 2 (f) Accessory Structures Accessibility ramps P P P P P P P No 515.23, subdivision 3 (a) Accessory dwelling units P P - - - - - Yes 515.23, subdivision 3(ab) Amateur radio towers P P P - - - P No 515.23, subdivision 3(bc) Balconies - P P - P - - No 515.23, subdivision 3 (d) Carports P P - - - - - No 515.23, subdivision 3(ee) Clothesline poles P P - - - - - No 515.23, subdivision 3(cf) Commercial storage buildings - - - C - P P See Note [1] 515.23, subdivision 3(dg) Fences and walls P P P P P [2] P P No 520.09 Flagpoles P P P P P P P No Fuel pumps, private use [2] - - - P - P P No 515.23, subd. 3 (eh) Garages, attached or detached P P P P - P P No 515.23, subdivision 3(ei) Gazebos P P P - - - - No 515.23, subdivision 3(fi) Noncommercial greenhouses P P - - - - - No 515.23, subdivision 3(gk) Off-street parking and loading [23] P P P P P P P Yes 520.15 Patios, decks, and porches P P P P P - - No 515.23, subdivision 3 (l) Sheds P P P P - P P No 515.23, subdivision 3(hm) Sidewalks P P P P P P P No 515.23, subdivision 3(in) Signs, Permanent P P P P P P P Not Applicable 530 Formatted Table 104 509575v9 AMB CR225-423 515.23. Use-specific standards for accessory uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses or structures that are permitted or conditionally permitted in Table 4. (b) The land uses and structures covered by this subsection 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) Accessibility ramps. Within the TC and TC-PD districts, accessibility ramps are subject to the following standards: Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C TC I AP Solar energy systems P P P P P P P No 515.23, subdivision 3(jo) Swimming pools, hot tubs, and spas P P P P P - - No 515.23, subdivision 3(k)p Television and radio antennae P P P P P P P No 515.23, subdivision 3(lq) Tennis and other recreational courts P P P - - - - No 515.23, subdivision 3(mr) Treehouses P P - - - - - No 515.23, subdivision 3(ns) Workshops P P - - - - - No 515.23, subdivision 3(ot) Notes: 1. A zoning certificate is only required for commercial storage buildings in the Industrial and Airport zoning districts. 2. Fences are not allowed in the TC district. 3. Parking lots are not allowed for one or two family dwellings. Loading spaces are not allowed in residential districts or the TC district. 105 509575v9 AMB CR225-423 (1) To reduce visibility, accessibility ramps shall, to the extent practicable, be located to the side or rear of the building. (2) If an accessibility ramp is located in the front of the building, the ramp shall meet the following requirements: (i) The ramp shall not exceed four feet in width leading to an entrance landing and handrails not more than three feet in height and not more than 50 percent opaque. (ii) The entrance landing shall not exceed 36 square feet in area. (b) Assembly or gathering space. Adequate parking shall be provided for both the assembly or gathering space and the principal use on the property. (c) Drive-through facilities. Drive-through facilities are subject to the following standards: (1) 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; (2) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential dwelling unit, and shall not be audible at levels greater than those established as provided in the Crystal city code, chapter 6; (3) All drive-through elements 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, except in the TC-PD district where this shall be a mandatory requirement, and shall not cross, interfere with, or impede any public right-of-way; and (4) 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) Home businesses. Home businesses are subject to the following standards: (1) No home business shall be permitted which results in or generates more traffic than two customer cars at any one given point in time; (2) The home business may employ up to two employees who do not reside on the premises; 107 509575v9 AMB CR225-423 (iii) The floor area of an accessory dwelling unit shall not exceed 50 percent of the finished floor area of the one or two-family dwelling or 100 percent of the smaller of the two units in a two-family dwelling. Notwithstanding these limitations, an accessory dwelling unit located in the basement may occupy the entire basement. (iv) The accessory dwelling unit may be rented if it complies with the requirements of the Crystal city code, section 425. (v) The accessory dwelling unit shall have a water and sewer connection to the respective utility main, or to the existing water and sewer connection at a point on the private property; and (vi) The accessory dwelling unit shall adhere to the curb cut and driveway requirements for one or two-family dwellings in the Crystal city code, chapter 8, and the driveway requirements in the Crystal city code section 520.15. (2) Detached accessory dwelling units shall also comply with the following additional requirements: (i) For construction of a new detached building, the accessory dwelling unit shall be separated from the principal building by a minimum of ten feet; (ii) The accessory dwelling unit shall be constructed as to be compatible with the exterior materials of the existing principal building; and (iii) The accessory dwelling unit shall be located on a frost-protected foundation. (iv) 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. (b) Amateur radio towers. Amateur radio towers shall only be allowed in the rear yard and made of unpainted metal or other visually unobtrusive material. (c) Balconies. Balconies are subject to the following standards: (1) In the R-2 and R-3 districts, balconies are only allowed on multiple family dwellings. (2) In the TC and TC-PD districts, balconies, except those recessed or flush as illustrated in Figure 13, are not permitted on the primary building façade of multiple family dwellings. 108 509575v9 AMB CR225-423 Figure 13: Illustration showing recessed or flush balconies (d) Clothesline poles. Clothesline poles shall only be permitted in the rear yard. (e) Commercial storage buildings. Commercial storage buildings are subject to the following standards: (1) The storage building is located on the same lot as the principal use; (2) No detached accessory building shall be located closer to the street adjacent to the front yard than the principal structure; (3) The storage building does not exceed 30% of the gross floor area of the principal use; (4) 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; (5) 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, subsection 520.05; and (6) The use will not conflict with the character of development intended for the zoning district. (e) Fuel pumps, private use. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and equipment and does not allow them to be used by the general public. 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. (f) Garages and carports, detached. Detached garages and carports are subject to the following standards: 109 509575v9 AMB CR225-423 (1) 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; (2) 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; and (3) 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. (g) Gazebos. Gazebos are subject to the following standards: (1) 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; and (2) 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. (h) Noncommercial greenhouses. Noncommercial greenhouses are subject to the following standards: (1) Shall be located in the rear yard; (2) Shall be limited to one per property; and (3) 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. (i) Patios, decks and porches. Within the TC district, porches and decks are not permitted. (j) Sheds. Sheds are subject to the following standards: (1) 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; and (2) 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. (k) Sidewalks. Sidewalks are subject to the following standards: (1) Sidewalks on private property for one and two family dwellings shall be no more than four feet in width; and (2) 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 110 509575v9 AMB CR225-423 Americans with Disabilities Act and with the requirements in the Crystal city code, chapter 8. (3) Within the TC and TC-PD districts when properties are redeveloped, sidewalks shall be installed along all existing and proposed street frontages to a minimum width of six feet. (l) Solar energy systems. Solar energy systems are subject to the following standards: (1) Visibility. (i) Building-mounted solar energy systems shall be designed to be flush- mounted with the roof when facing a public right-of-ways other than an alley; (ii) Building-integrated photovoltaic systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback or other standards for the district in which the building is located; (2) 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; and (3) Abandonment. A solar energy system that is allowed to remain in a nonfunctional or inoperative state for a period of twelve 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 and the costs thereof certified as a special assessment against the owner of the property on which the abandoned solar energy system was located. (4) Ground-mounted solar energy systems are not allowed in the TC district. (m) Swimming pools, hot tubs and spas. Swimming pools, hot tubs and spas are subject to the following standards: (1) In the commercial zoning district, swimming pools, hot tubs, and spas are limited to use at health clubs private indoor recreational facilities and hotels, motels, and extended stay establishments. (2) Within the TC district, swimming pools, hot tubs, and spas are limited to use at apartment buildings and hotels, motels, and extended stay establishments. (3) Within the TC-PD district, swimming pools, hot tubs and spas are limited to apartment buildings, private indoor recreational facilities, and hotels, motels, and extended stay establishments. (n) Television and radio antennae. Television and radio antenna are subject to the following standards: (1) Satellite dishes may not exceed 40 inches in diameter. 111 509575v9 AMB CR225-423 (o) Tennis and other recreational courts. Noncommercial outdoor tennis and other recreational courts are subject to the following standards: (1) Court fencing shall comply with the requirements as provided in the Crystal city code, subsection 520.09; and (2) 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. (p) 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 ten feet from the front lot line, and shall consist only of earth-tone materials or colors. (q) Workshops. Workshops are subject to the following standards: (1) 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 a detached garage or shed, it shall conform to the size and setback limitations for those uses; (2) 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; and (3) If a workshop is operated as a home business, it shall adhere to the requirements for home businesses in this section. 515.25. Permitted 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. Table 5 lists the temporary uses allowed within all zoning districts except for the overlay zoning districts. Except for the TC-PD district, which has separate requirements, The the uses permitted in the overlay districts shall be controlled by the underlying base zoning district. Subd. 3. Symbols in Table. The symbols used in Table 5 are defined as follows: (a) 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 Table 5. Permitted uses are subject to all other applicable standards of this UDC. 113 509575v9 AMB CR225-423 Table 5: 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 TCI AP Allowable Duration (per site) Permit Required Use- Specific Standards in Section: Construction Dumpster P P P P P P P No more than three consecutive months in any 12-month period See city code section 605 515.27, subdivision 2; 605 Garage/Yard Sales P P P - - - - Maximum of three consecutive days, four times per calendar year per site No 515.27, subdivision 3 Outdoor dining [1] P P P P P P P 270 days per site per calendar year Zoning Certificate (Type 1 Review) [2] 515.27, subdivision 4 Outdoor sales [1] - - - P P P - 180 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 5 Portable Storage Container P P P P - P P 60 days per site per calendar year No 515.27, subdivision 6 Signs, Temporary P P P P P P P See section 530 Sign Permit 530 Notes: 1. Outdoor seating for cafes or restaurants or outdoor sales areas for retail establishments may be permitted as a permanent use with a conditional use permit. 2. A zoning certificate is not required for a mobile food unit. 515.27. Use-specific standards for temporary uses and structures. 115 509575v9 AMB CR225-423 outdoor dining area is adjacent to a sidewalk or other facility that is closed to vehicular traffic, no railing or fencing shall be required; (4) Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard; and (5) 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. (6) Within the TC and TC-PD districts, outdoor dining may encroach into setback areas or the public right-of-way, provided that the sidewalk remains clear to a width of five feet. Subd. 5. Outdoor sales. Outdoor sales is subject to the standards contained in this subdivision: (a) Retail establishments. Retail establishments are subject to the following standards: (1) The service, sale, display or rental area is hard surfaced and clearly designated on the site as being limited to the specific, approved area; and (2) 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. (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. Tent or sidewalk sales on private property are subject to the following standards: (1) A minimum of five feet of the sidewalk shall be clear of merchandise to allow for safe pedestrian movement; (2) The property shall contain 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; (3) 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; and (4) 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. 118 509575v9 AMB CR225-423 (e) Damage or destruction. In the event that any non-conforming use is damaged or destroyed, by any means, 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 no building permit has been applied for within 180 days of when the property is damaged or destroyed, such use shall not thereafter be reestablished or resumed. 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. If an enlargement to a nonconforming structure is proposed, a variance in accordance with the Crystal city code, subsection 510.33 is not required if the enlargement conforms to all zoning requirements such as setbacks. If a structure is nonconforming because it does not comply with setbacks from the lot line dividing two or more lots owned by the same owner, the nonconforming structure may be enlarged, even if such enlargement increases the nonconforming nature of the structure, if all of the following are met: (1) The lots were combined into a single property identification number with the county prior to February 10, 2018, the effective date of this UDC; and (2) The expansion complies with all zoning requirements, except the setbacks from the common lot line; and (3) If the nonconforming structure is a principal building and is replaced, removed, or destroyed 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, the owner shall be required to consolidate the lots in accordance with Crystal city code, section 510.23 prior to seeming permits for a new or replacement structure. (b) Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of greater than 50 percent of its estimated fair market value of such structure as indicated in the records of the county assessor at the time of the damage, the nonconforming structure may be rebuilt if a building permit has been applied for within 180 days of when the structure is damaged or destroyed, 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. Subd. 5. 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. Abandoned signs shall be 120 509575v9 AMB CR225-423 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: (1) Where a setback requirement is established for a specific land use type in the use- specific standards of Table 3; (2) A building feature that encroaches into a required setback as allowed by Table 6; (3) 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; (4) Structures existing on the effective date of this UDC and encroaching into a setback required by this UDC shall be considered conforming to the setback requirement if the encroachment does not exceed one 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 further encroach into the setback than the existing structure. Subd. 4. Measurement of setbacks. Setbacks shall be measured as follows: (See Figure 614). 121 509575v9 AMB CR225-423 Figure 614: Illustration of typical setback locations for a one-family dwelling (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 614). (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 614). (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. (see Figure 614) Subd. 5. Height requirements and exceptions. (a) Each structure shall comply with the height requirements of the applicable zoning district, except: (1) As allowed in Table 6 when a building feature encroaches into a required height; and (2) The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with the Crystal city code, subsection 515.19. (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 122 509575v9 AMB CR225-423 Figure 715). The location of natural grade shall be determined by the zoning administrator and shall not be artificially raised to gain additional building height. Figure 715: Illustration of height measurement (c) FAA requirements. Height requirements shall meet the requirements of the Federal Aviation Administration (FAA). (1) Notice to the Federal Aviation Administration using FAA form 7460-1 is required prior to the following: (i) Any construction or alteration of more than 200 feet in height; and (ii) 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. Structures or structural features may extend beyond the wall of the structure and into a required setback and height requirement in compliance with Table 6. Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP Permitted Setback Encroachments [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 May encroach into any setback, but cannot be located in the public right-of-way 123 509575v9 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP 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 Not Applicable 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 Front/rear: 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 Side: 3 feet Corner side: 3 feet Front/rear: 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 Side: 3 feet Corner side: 3 feet Front/rear: 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 Side: 3 feet Corner side: 3 feet Not Applicable 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/corner side: May be located up to the property line 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 124 509575v9 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP 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 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 Not Applicable 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 Front/corner side: Patios may be located up to the property line 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, but cannot be located in public right- of-way May encroach 2 feet into any setback May encroach 2 feet into any setback Egress windows [4] May encroach 3 feet into any setback May encroach 3 feet into any setback May encroach 3 feet into any setback Not Applicable Not Applicable Not Applicable Not Applicable 125 509575v9 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP 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 Cannot encroach into public right-of-way 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 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 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 Not Applicable 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 Not Applicable As determined by the City Council in CUP review Not Applicable 126 509575v9 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP 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 dwelling. [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. 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. [4] If an egress window is constructed as part of the foundation of the dwelling, the egress window shall meet the required setbacks for the dwelling. 520.03. Site development standards. Subd. 1. Purpose. 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 7 are the regulations for residential densities, setbacks, number of principal buildings, 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 8 are the setback and height requirements for placing accessory structures in the city’s zoning districts. Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC 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) Not Applicable 25 to 50 units per acre (gross) Not Applicable Not Applicable Minimum Building Setbacks [1] 127 509575v9 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Front 30 feet 30 feet 30 feet 30 10 feet 1 foot minimum 10 foot maximum 30 10 feet 200’ from residential use Side 5 feet 15 feet 15 feet 10 feet 0 foot minimum 10 feet 200’ from residential use Rear 30 feet 30 feet 30 feet 10 feet 3 foot minimum 10 feet 200’ from residential use Corner Side 10 feet [2] 30 feet 30 feet 30 15 feet 2 foot minimum 12 foot maximum 30 15 feet 200’ from residential use Number of Principal Buildings Maximum number of principal buildings per property One One One One Not Applicable One Not Applicable Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 12,000 SF 12,000 SF 12,000 SF Not Applicable Not Applicable 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 Not Applicable Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] Not Applicable Not Applicable Not Applicable 20,000 SF Not Applicable 20,000 SF Not Applicable Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 120 feet Not Applicable 120 feet Not Applicable Minimum Lot Width One-family Detached Dwelling 50 feet 50 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable 128 509575v9 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Two-Family Dwelling 80 feet 80 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 100 feet Not Applicable 100 feet Not Applicable Maximum Building Height One-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 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 Not Applicable Other Residential Uses Not Applicable 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less Not Applicable 5 stories or 60 feet, whichever is less Not Applicable Not Applicable Non-Residential Uses [3] 2 stories or 32 feet, whichever is less 3 stories or 40 feet, whichever is less [4] 5 stories or 60 feet, whichever is less [4] 5 stories or 60 feet, whichever is less [4] 5 stories or 60 feet, whichever is less 5 stories or 60 feet, whichever is less [4] 3 stories or 40 feet, whichever is less Minimum Green Space [54] One and Two-Family Detached Dwellings See note [65] below See note [65] below See note [65] below Not Applicable Not Applicable Not Applicable Not Applicable Other Uses 30% 25% 20% 15% 10% 10% Not Applicable NOTES: [1] Setbacks for some principal uses are regulated by the Use-Specific Standards found in Table 3. [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] For the purposes of Table 7, specialized care facilities shall be defined as non-residential uses. [4] Buildings in excess of this height limit may be allowed with a conditional use permit. [54] The minimum green space requirement is expressed as a percentage of the property that shall be free from any impervious surfaces. [65] In residential zoning districts, the minimum green space requirement applies only to the rear yard of one and two family dwellings. The requirement is expressed as a percentage of the rear yard that is free of any 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%. 129 509575v9 AMB CR225-423  Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  TC Industrial  AP   Minimum Structure Setbacks  Accessory dwelling  units, detached  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 [2]   Side: 5 feet  [3]  Rear: 5 feet  [3]  Corner  side: 10  feet  Not  Applicable  Not  Applicable  Not  Applicable  Not  Applicable  Not Applicable  Amateur radio  towers  See note  [1], below  See note  [1], below  See note [1],  below  Not  Applicable  Not  Applicable  Not  Applicable  See note   [1], below  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  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  Not Applicable  Commercial Storage  Buildings  Not  Applicable  Not  Applicable  Not  Applicable  Front: 30 feet  Side: 10   feet  Rear: 3 feet  Corner   side: 30   feet   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  130 509575v9 AMB CR225-423  Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  TC Industrial  AP  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  Not Applicable  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] , [4]  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], [4]  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]  Not  Applicable  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  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  Not Applicable  131 509575v9 AMB CR225-423  Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  TC Industrial  AP  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  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  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   Not  Applicable  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  See note [5],  below  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  Front:  Not  allowed  Side: 10 feet  Rear: 10  feet  Corner side:   20 feet  Not  Applicable  Not Applicable  132 509575v9 AMB CR225-423  Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  TC Industrial  AP  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  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  Not Applicable  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  Not Applicable   Maximum Structure Height  133 509575v9 AMB CR225-423  Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  TC Industrial  AP  Accessory dwelling  units, detached  The height  of the  dwelling  unit cannot  exceed the  height of  the principal  building or  20’,  whichever is  less  The height  of the  dwelling  unit cannot  exceed the  height of  the principal  building or  20’,  whichever is  less  Not  Applicable  Not  Applicable  Not  Applicable  Not  Applicable  Not  Applicable  Amateur radio  towers   Tower   not to   exceed   75 feet  Tower   not to  exceed   75 feet  Tower   not to  exceed   75 feet  Not  Applicable  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  Not  Applicable  20 feet  20 feet  25 feet  Detached accessory  buildings [6]  15 feet  15 feet  15 feet Not  Applicable  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   As determined  by the city  engineer   Fences  See  subsection  520.09  See  subsection  520.09  See  subsection  520.09  Not  Applicable  See  subsection  520.09  See  subsection  520.09  See  subsection  520.09  Flagpoles  25 feet  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  Not to  exceed 4  feet above   the roof  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    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  134 509575v9 AMB CR225-423  Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  TC Industrial  AP  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  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, accessory dwelling  unit, 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, accessory dwelling unit, 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 or carport faces a street or alley, the garage or carport shall be at  least 20 feet from the corner side or rear 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 oriented 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.   136 509575v9 AMB CR225-423 measured from the grade at the principal structure or the property line, whichever is closer to the proposed fence. (2) Fences in residential districts. Fences in residential districts shall comply with the following: (i) 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 Figure 816); and Figure 816: Fence height on interior residential lot (ii) 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 Figures 9 17 and 1018). 137 509575v9 AMB CR225-423 Figure 917: Fence location on corner residential lot (principal building facing shorter side) Figure 1018: Fence location on corner residential lot (principal building facing longer side) (3) Fences in non-residential districts. Fences in non-residential districts, including the TC-PD district, shall comply with the following: (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; and (ii) For corner lots, fence height is determined in the same manner as for corner residential lots (see Figures 9 17 and 1018), except that the maximum height shall be 8.5 feet where a 6.5 feet fence is allowed. (iii) Fence height in front or corner side yards may exceed 4.5 feet in height up to a maximum of 8.5 feet if the fence is used as screening as allowed in the Crystal city code, subsection 520.13. (b) Locational requirements. (1) 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. (2) Fences shall comply with the site distance triangle requirements as provided in the Crystal city code, chapter 8. 138 509575v9 AMB CR225-423 (3) 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. (c) Design and maintenance requirements. (1) Barbed wire, razor wire, concertina, dannert, and above-ground electrical fences are prohibited. In the TC-PD district chain-link fences are also prohibited. (2) Fences taller than four feet shall have posts in the ground at least ½ of the height of the fence. (3) Fences shall be maintained in good repair. Any fence that is potentially dangerous or in disrepair shall be removed or repaired. Subd. 2. Retaining wall requirements. (a) 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 Figure 1119). (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. Figure 1119: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet. 520.11. Landscaping. Subd. 1. Purpose. The purpose of this subsection is to promote the beautification of the city and to generally protect the public welfare through the city’s authority to regulate land use in a method that utilizes the benefits of landscaping. Specifically, it is the purpose of this section to: 139 509575v9 AMB CR225-423 (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 differing intensities; and (c) Increase and maintain property values. Subd. 2. Applicability. The requirements of this subsection shall apply to all proposed site plan review, conditional use permit and subdivision relevant development review applications, unless otherwise stated herein. Subd. 3. Approved landscaping plan. (a) Where landscaping is required, no building permit shall be issued until the landscaping plan for the site has been submitted and approved. (b) Landscaping that is in compliance with the approved plans shall be installed before a certificate of occupancy is issued for the site. If landscaping is not installed, the applicant shall be required to submit a cash escrow in accordance with the requirements in the Crystal city code, section 510 for the relevant development review application. Subd. 4. Landscaping standards. (a) Plant quality and size. (1) Appropriate materials. 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 Minnesota. (2) Approved and prohibited tree species. Trees selected for specific site design purposes shall be those trees as identified and included on the list of approved trees as approved and amended from time to time by resolution of the city council on file in the city clerk’s office. The city’s approved list may include prohibited trees. (3) Free of disease. Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed. (4) Variety of tree species. To curtail the spread of disease or insect infestation in a tree species, new trees shall comply with the diversity standards of Table 9. Table 9: 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% 141 509575v9 AMB CR225-423 (ii) Soils. Where landscaping is required, good quality loose soil must be provided and shall not include substandard fill, gravel, sand or highly alkaline soil material. (iii) Ball and burlap. 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. (iv) Protective curbing. 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. Landscape materials shall be located so that at maturity they do not interfere with safe sight lines for pedestrians or vehicular traffic and do not conflict with overhead lights or utility lines. (2) Turf or ground cover. (i) Requirements for native prairie grasses and or drought tolerant species of native are located in the Crystal city code, section 615. (ii) Ground cover may consist of grass normally grown in permanent lawns in Minnesota. Such turf grass shall be planted according to the requirements found in the Crystal 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. (iii) Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes. (3) Trees. (i) Trees in public rights-of-way. The requirements for planting trees in the public right-of-way are found in the Crystal city code, chapter 8. (ii) Tree roots. 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. (4) 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 berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 1220). 142 509575v9 AMB CR225-423 Figure 1220: Illustration of a permitted berm slope. (d) Maintenance of landscaped areas. (1) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times; and (2) The landscaping shall regularly be kept clean and free of debris, litter, and weeds. Subd. 5. Tree preservation and replacement requirements. (a) Tree inventory required. As part of a submittal application for site plan review, conditional use permit, or a subdivision, the applicant shall submit a tree inventory, unless the applicant can demonstrate that there are no existing trees with a DBH of 12 inches or more on the property. The 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 and shall depict the following: (1) Lot lines of the parcel(s) involved; (2) The exact location, health, type, and size of all trees with a DBH of 12 inches or more; and (3) Recommendations of which trees, or stands of trees, should be retained and protected. (b) Tree protection requirements. To the maximum extent possible, the city desires to retain healthy larger trees as part of its urban forest. To achieve that objective, trees with a DBH of 12 inches or more shall be retained, with the following exceptions: (1) Trees that are dead or dying based on an analysis and report by a qualified arborist; (2) Trees that are determined by the city engineer to be an immediate nuisance or threat to an existing or proposed structure, underground utility, or to the public health, safety, or welfare; (3) Trees that are not on the city’s list of approved tree species as established in subdivision 4 of this subsection, or tree species that may be prohibited by the city; (4) Trees located on publicly owned land, within public rights-of-way, or within easements; and (5) Trees that are an obstacle to access to the lot or an obstacle to locating the proposed principal building or use and no viable alternative exists for relocating such access, building or use. 143 509575v9 AMB CR225-423 (c) Tree replacement requirements. (1) If a tree with a DBH of 12 inches or more is eligible for removal according to the requirements of this subsection replacement trees shall be provided in accordance with Table 10. A tree will be considered removed if 30 percent or more of the trunk diameter is injured. Table 10: 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 (2) Each replacement tree shall have a minimum DBH of at least two inches. (d) Tree protection requirements. The following are the requirements for those trees that are to be preserved on the site during construction. (1) Paving or soil compaction prohibited. 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. (2) Owner’s responsibility. During site 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. (3) Tree protection fencing. (i) All protected trees shall be fenced in before grading or other land-disturbing activity begins. Fencing shall extend at least five feet from the edge of the drip line (See Figure 13 21 for illustration of a drip line), but in no case closer than ten feet to the trunk; 144 509575v9 AMB CR225-423 Figure 1321: Illustration of protective fence placement for trees. (ii) The zoning administrator shall consider existing site conditions in determining the exact location of any tree protection fencing; and (iii) All fencing required by this subsection shall be at least four feet in height and secured using appropriate posts. (e) Encroachments into root zones. Encroachment into root zones shall comply with the following: (1) Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances; and (2) 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. Subd. 6. Parking lot landscaping requirements. (a) Purpose. 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. (b) Parking lots adjacent to streets. The area of a parking lot facing a street shall comply with the following: (1) A parking area for a nonresidential, institutional, or multi-family residential use adjacent to a public street shall be designed to provide a landscaped planting strip 145 509575v9 AMB CR225-423 of the minimum required setback area between the street right-of-way and any parking area (see Figure 1422); Figure 1422: Perimeter landscaping required between a parking lot and a street. (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the street and meet the site visibility requirements of the Crystal city code, chapter 8; (3) Screening materials may include a combination of plant materials including trees, shrubs, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement (see Figure 1523). Figure 1523: Illustration of parking lot perimeter screening. (c) Parking lots adjacent to side or rear property lines. Parking areas for a nonresidential, institutional, or multiple family dwelling use shall provide a perimeter landscape strip of the minimum required setback area where the parking area adjoins a side or rear property line. At a minimum the landscape strip shall contain sod or turf grass, but may be supplemented by trees, shrubs, native grasses, flowering plants, or similar landscaping materials. (d) Parking lots adjacent to residential uses. Parking lots adjacent to a one or two family dwelling shall comply with the following: 146 509575v9 AMB CR225-423 (1) A landscaped buffer of the minimum setback area shall be provided between the parking lot and the property line of the residential use; (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the residential use. Screening may consist of shrubs, planters, solid decorative walls, or other screening devices which meet the intent of this requirement. (3) Shade trees shall also be provided at the rate of one for each 30 linear feet of landscaped area along the property line between the parking lot and the residential use. (e) Parking lots in the TC and TC-PD districts: Parking lots in the TC and TC-PD districts shall be screened from streets and sidewalks by a masonry retaining wall or evergreen hedge a minimum of 36 inches and a maximum of 48 inches in height. (e) Landscaping for parking lot interior. The landscaping for the interior of a parking lot shall comply with the following: (1) Amount of landscaping. (i) Parking lots with 20 or more spaces shall provide landscaping 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 be planted throughout the parking lot; and (2) Landscaping location. Landscaping shall be evenly dispersed throughout the parking lot, as follows: (i) Landscaped islands shall have a minimum width of nine feet as the narrowest dimension; (ii) Shade trees planted using an orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas; (iii) 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. 520.13. Screening. Subd. 1. Purpose. The purpose of this section is to increase or maintain property values and generally protect the public welfare by screening uses that could have an adverse impact on neighboring properties. 147 509575v9 AMB CR225-423 Subd. 2. Applicability. The requirements of this section shall apply to all proposed development and new land uses unless otherwise stated. Subd. 3. Types of screening. Unless otherwise stated, screening may consist of vegetation, fences, walls, berms, or other visual barriers. Subd. 4. Items to be screened. The following areas shall be screened in accordance with this section: (a) Waste receptacles. Outdoor waste receptacles, including dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood, or masonry walls, or other material compatible with the principal building 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. (b) Ground-mounted mechanical equipment. 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 properties or public rights-of-way. Equipment for one and two-family dwellings is exempted from this requirement. (c) Roof-mounted mechanical equipment. 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 1624). Solar energy systems are exempt from this requirement if screening would interfere with system operations. Figure 1624: Example of how parapet walls are utilized to screen roof mounted mechanical equipment. (d) Outdoor storage. Screening shall create a visual and or/sound barrier of the object being screened from adjacent properties and the public right-of-way. Commercial truck storage or parking, vehicle impound lots, and rental of trailers and/or vehicles in excess of three quarter ton (3/4) ton capacity shall utilize an opaque fence of not less than six feet in height. 148 509575v9 AMB CR225-423 (e) Commercial uses. Screening shall create a visual and/or sound barrier between the commercial use and residential dwellings. Requirements for parking lot screening are found in the Crystal city code, subsection 520.11. (f) Multi-family residential dwellings. Screening shall create a visual barrier between the multiple family dwelling and one and two family residential dwellings or commercial buildings. Requirements for parking lot screening are found in the Crystal city code, subsection 520.11. Subd. 5. Design standards for screening. Screening shall comply with the following design standards: (a) Screening shall be installed to create a visual barrier so as to reduce the vision of the object being screened; (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; and (d) A screening fence or wall shall be constructed of an opaque material. Such screening shall provide a solid screening effect and not exceed the height limitations in the Crystal city code, subsection 520.09. Fences or walls shall be compatible with the architectural materials and patterns of the principal structure (see Figure 1725). Figure 1725: Use of a wall and fencing for screening that is architecturally compatible with the principal building. 152 509575v9 AMB CR225-423 (1) Table 11 defines the number of parking spaces required for each use within the city. (2) The applicant may vary from the required number of parking spaces as provided in subdivision 8 of this section. (3) Within the TC district, no off-street parking spaces are required for non-residential development. Residential development shall provide a minimum of one space per unit, plus one space per ten units for visitor parking. Table 11: Parking Spaces by Use Use Type Minimum Maximum Residential Use Category Accessory dwelling units 1 space in addition to the number of spaces required for the principal building on the property Not Applicable Bed and breakfast establishments 2 spaces for the owner/occupant of the dwelling, at least one of which must be enclosed in a garage, plus 1 space per guest sleeping room Not Applicable 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 Banquet halls or event centers See Public, Institutional, or Recreational Use Category 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 Not applicable 155 509575v9 AMB CR225-423 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 11 may be modified according to the following provisions. If a request is made to reduce the number of parking spaces in both (b) and (c) of this subsection, the total reduction shall not exceed ten percent of the required number of spaces. Approval of requests to provide more or less parking spaces, or reducing the number of enclosed spaces, shall be made according to the applicable review procedure associated with the principal uses listed in Table 11, unless otherwise noted in this subsection. (a) Providing more parking spaces. An applicant may request up to ten percent additional spaces beyond the maximum allowed in Table 11, but shall be required to provide the information below. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35. (1) 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); (2) Number of full-time and part-time employees; and (3) Number and approximate timing of deliveries. (b) Providing fewer parking spaces. An applicant may request a reduction of up to ten percent of the minimum required spaces in Table 11 but shall be required to provide the following information. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35 (1) 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). (2) Number of full-time and part-time employees. (3) Number and approximate timing of deliveries. (c) Reducing the number of required enclosed parking spaces. An applicant may request a reduction of up to ten percent of the required number of enclosed spaces in Table 11 but shall be required to submit a description of why it is not feasible to construct the required number of enclosed spaces. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35. (d) Shadow parking. 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 156 509575v9 AMB CR225-423 unpaved areas complies with the following standards and is authorized in accordance with the approval of the relevant development review application (see Figure 1826): (1) 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; (2) 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; (3) 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; and (4) 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. Figure 1826: Illustration of shadow parking concept. (e) Shared parking. 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 158 509575v9 AMB CR225-423 (c) Parking is prohibited in any screening or landscaping buffering areas required by this UDC. (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 subsection (e), below. (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: (1) 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 1927); Figure 1927: Options for locating an auxiliary parking space. (2) An auxiliary space cannot exceed 12 feet in width and 24 feet in length, and must be at least ten feet from the habitable portion of a residential structure on an adjacent property; and (3) 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. 10. Setbacks. Except for off-street parking lots within the TC and TC-PD districts, which have separate requirements in subsection (d) below, all parking lots are subject to the setback requirements in subsections (a) through (c) below: 159 509575v9 AMB CR225-423 (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 four 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 ten 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. (d) Within the TC and TC-PD districts, if a parking lot is constructed it shall be subject to the following setback and locational requirements: i) Off-street parking lots are prohibited in front of the building, but may be located to the rear or side of buildings (see Figure 28). Figure 28: Allowable locations for off-street parking lots in the TC and TC-PD districts (ii) Corner side property line: The face of the curb shall not be within 12 feet of the property line and the back of the curb shall not be within 11 feet of the property line. (iii) Interior side property line: The face of the curb shall not be within 2 feet of the property line and the back of the curb shall not be within 1 foot of the property line. (iv) Rear property line: The face of the curb shall not be within 4 feet of the property line and the back of the curb shall not be within 3 foot of the property line. Subd. 11. Parking design standards. Required parking areas shall be designed, constructed, and maintained in compliance with the requirements of this subsection. 160 509575v9 AMB CR225-423 (a) Access to parking area. Access to parking areas (i.e. driveways) shall be as provided as follows. Requirements for curb cuts and driveways approaches are provided in the Crystal city code, Chapter 8. (1) One and two-family dwellings. 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. (2) Access for uses other than one and two-family dwellings. (i) Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. (ii) Parking lots shall be designed to prevent access at any point other than at designated access drives. (iii) 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 2029). Figure 2029: Non-impeded access driveway. (iv) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. (3) To ensure proper location and configuration, a permit is required from the city manager or designee for work on driveways. For driveway plans that involve changes to an existing curb cut or construction of a new curb cut within the public right-of-way, a right of way permit application shall be approved in accordance with the Crystal city code, chapter 8. (b) Parking space dimensions. 161 509575v9 AMB CR225-423 (1) Each parking space and aisle shall comply with the minimum dimensions in Table 12 as illustrated in Figure 2130. 162 509575v9 AMB CR225-423 Table 12: 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 Figure 2130: Parking space and aisle requirements based on angle of parking. (2) 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. (3) The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway. (4) Use of compact vehicle spaces. This subsection provides for the establishment of compact vehicle spaces as an alternative to full sized spaces. Such spaces shall comply with the following: 164 509575v9 AMB CR225-423 (2) The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans. (3) The color of the striping shall be white or yellow, unless another color is required by state law (e.g., parking for the disabled). (e) Grading and drainage. (1) All grading plans relating to the parking facilities shall be reviewed and approved by the city engineer before any work can commence. (2) 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. (3) In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement. (f) Curbing. 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: (1) Except for one- or two-family dwellings, all parking areas or 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 six 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. (g) Sight distances. Adequate sight distances for vehicles and pedestrians shall be provided for parking lots. (h) Parking lot landscaping. Requirements for parking lot landscaping are provided in the Crystal city code, subsection 520.11. (i) 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, subsection 520.07. (j) Pedestrian connections. When feasible, the parking plan shall show pedestrian connections within the property and to existing or planned public sidewalk and trail connections, except that in the TC and TC-PD districts a minimum six foot wide pedestrian access shall be provided from the principal entrance to any off-street parking lot. (k) Deviation from standards requires a detailed study. No proposed parking layout which deviates from the standards identified in subdivision 11 of 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. 184 509575v9 AMB CR225-423 and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic. (c) Grading and improvement plan. 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. (d) Roadway and access offsets. 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 dwellings are exempt from this requirement. (e) Signs, traffic signs and signals, and street lights. (1) 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). (2) Traffic control signs pursuant to Minnesota Statutes, section 169.06, where applicable, shall be installed at locations within the subdivision as designated by the city engineer. (3) Turn lanes and traffic signals shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. (4) 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. (f) Sidewalks and trails. If required, sidewalks and trails shall be installed at the time a street is constructed. Sidewalks shall meet the width requirements in the Crystal city code, chapter 8 and this UDC. (g) Stub streets and cul-de-sac streets (permanent and temporary). (1) 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. 192 509575v9 AMB CR225-423 Subd. 4. Substitution clause. The owner of any sign which is otherwise allowed by these sign regulations 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 meets the regulations of this UDC and is clearly incidental to the display itself (See Figure 2231); Figure 2231: 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 2332); 193 509575v9 AMB CR225-423 Figure 2332: 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; and (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 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 this UDC. Subd. 4. Illumination. External illumination for signs shall be so constructed and maintained that the source of light meets the requirements of the Crystal city code, subsection 520.07. Subd. 5. Intersections. A sign or sign structure shall comply with the visibility requirements in the Crystal city code, chapter 8. 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 subsection, shall be removed or otherwise properly secured in accordance with the terms of this subsection 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 195 509575v9 AMB CR225-423 Table: 14: Signs allowed by zoning district Sign Type Zoning District Sign Specific Standards R-1 R-2 R-3 C TC I AP Canopy, Marquee, and Fixed Awnings P P P P P P P 530.11, subdivision 1 Electronically controlled readerboard P P P P - P P 530.11, subdivision 2 Electric P P P P P P P Freestanding - - - P - P P 530.11, subdivision 3 Governmental A A A A A A A Monument P P P P P P P 530.11, subdivision 4 Multi-Tenant - - - P P P - 530.11, subdivision 6 Off-Premise - - - - - - - Projecting - - - P P P P 530.11, subdivision 5 Roof - - - - - - - Rotating - - - - - - - Sandwich board - - - P P - - 530.11, subdivision 7 Shimmering - - - P - P P Temporary P P P P P P P 530.11, subdivision 8 Small A A A A A A A Wall P P P P P P P 530.11, subdivision 9 530.11. Sign specific standards. The following requirements for specific sign types apply in addition to those requirements found in Table 14. 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. Within the residential districts, these signs are only allowed for multiple family dwellings, or institutional 197 509575v9 AMB CR225-423 Table: 15: Freestanding or Pylon Signs Sign Type Number Allowed Maximum Height Area Minimum Street Frontage Setback From Lot Line Setback From Right-of- Way Freestanding or pylon sign 1 [1] 25 feet 1 square foot of sign per linear foot of frontage [2] 50 feet 10 feet, and 50 feet from residential district, park, school, library, church or similar land use [3] 10 feet Notes: 1. A property abutting more than one street may have one additional freestanding 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 sign on the property. 2. The area of a sign may not exceed the following square footages based on the street the sign abuts: 1. Principal arterial - 200 square feet 2. Minor arterial or major collector – 150 square feet 3. Minor collector – 100 square feet 4. Local – 50 square feet 3. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement. Subd. 4. Monument signs. Monument signs are subject to the following standards: (a) In the residential districts, monument signs are only allowed for multiple family dwellings or institutional or commercial uses. (b) Monument signs shall meet the requirements in Table 16. (c) Except in the TC district, An an electronically controlled reader board is allowed as part of a monument sign. 199 509575v9 AMB CR225-423 (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 18. In addition, the multi-tenant building may have wall signage on common walls of the building as long as no more than ten percent of that wall is occupied by signage. (b) Freestanding signs. Where allowed, 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. 7. Sandwich board signs. Sandwich board signs are subject to the following standards: (a) Signs shall not exceed six square feet in size. (b) One sign is allowed per property. Within the TC district, one sign is allowed per business. (c) Signs shall only be displayed during business operating hours. Subd. 8. 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, or if applicable each tenant in a multi-tenant building, 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 days following the general election and 13 weeks prior to any special election until ten days following the special election. Subd. 9. Wall signs. (a) Wall signs in residential districts. In the residential districts, wall signs are allowed for multiple family dwellings, or institutional or commercial uses, subject to the following standards: (1) Wall signs are only permitted on walls fronting on a public street or facing other property used for institutional, commercial or industrial purposes. (2) No more than one sign is permitted on each wall. (3) No wall sign shall exceed 10% of the wall area or 75 square feet in area, whichever is less. 5573 ZANE AVENUE NORTH – COMPREHENSIVE PLAN DETERMINATION PAGE 1 OF 2 _________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Planning Commission (for August 12 Meeting) DATE: August 6, 2019 RE: Consider adoption of resolution that the sale of 5417 – 35th Avenue North conforms to the Comprehensive Plan A. BACKGROUND The subject property is located at 5417 - 35th Avenue North. The City’s Economic Development Authority (EDA) purchased the vacant property in 2010 from the Minnesota Department of Transportation (MnDOT) after a Highway 100 reconstruction project. Now the City is proposing to sell it for construction of a single-family home. According to state statute § 462.356, Subd. 2, for those communities with an adopted Comprehensive Plan, the Planning Commission shall report to the EDA whether the sale of the property is in conformance with the Comprehensive Plan. Attachments: A. Site location map B. 2030 Planned Land Use Map C. Resolution B. COMPREHENSIVE PLAN The following are excerpts from the 2030 Comprehensive Plan that relate to the development of this property.  Existing Land Use Map (page 31): The property is guided as low density residential (between 1-6 units per acre). The 8,348 square foot property is PLANNING COMMISSION STAFF REPORT Sale of 5417 - 35th Avenue North 5573 ZANE AVENUE NORTH – COMPREHENSIVE PLAN DETERMINATION PAGE 2 OF 2 proposed to have one single-family home, which would be a density of 4 units per gross acre. Recommended finding: The proposed density is in conformance with the Comprehensive Plan designation. Housing Policy #4 (page 36): Acquire blighted, structurally substandard and functionally obsolete residential property for demolition and replacement with new, move-up houses in accordance with EDA budget parameters, market conditions and other factors (current ongoing program). Recommended finding: This vacant property was purchased by the EDA in 2010. The EDA is now planning to sell the property for the construction of a new single-family home. C.STAFF RECOMMENDATION Planning Commission adopt resolution 2019-03 that the sale of the property at 5417 – 35th Avenue North by the EDA is in conformance to the Comprehensive Plan based on the findings in Section B above. Site Location Map 5417 – 35th Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 2030 Comprehensive Plan Map 5417 -35th Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 514713v1 MNI CR150-4 CRYSTAL PLANNING COMMISSION RESOLUTION NO. 2019 - 03 A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL FOR RESIDENTIAL HOUSING PURPOSES IS CONSISTENT WITH THE CITY OF CRYSTAL COMPREHENSIVE PLAN WHEREAS, the Economic Development Authority of the City of Crystal (“Authority”) proposes to convey certain real property described in Exhibit A attached hereto (the “Property”) and located at 5417- 35th Avenue North in the City of Crystal (the “City”) to a private developer (the “Developer”) for the purpose of constructing a single-family home on the Property to be sold to an owner-occupant; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning Commission has reviewed the proposed conveyance of the Property, and has determined that the Property is located in an area of the City designated in the City’s comprehensive plan for residential housing, and that the conveyance and intended purpose are consistent with such use. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Crystal that the conveyance of the Property by the Authority to the Developer is consistent with the City’s comprehensive municipal plan, and will promote renewed, diverse housing opportunities in the City. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. Adopted this 12th day of August, 2019, by the Planning Commission of the City of Crystal. Chair, Crystal Planning Commission Attachment C 514713v1 MNI CR150-4 EXHIBIT A Legal Description of Property Lot 1, Block 2, Crystal Heights View 2nd Addition, Hennepin County, Minnesota SALE OF SURPLUS PROPERTIES – COMPREHENSIVE PLAN DETERMINATION PAGE 1 OF 2 __________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Planning Commission (for August 12 Meeting) DATE: August 6, 2019 RE: Consider adoption of resolution that the sale of surplus property conforms to the Comprehensive Plan A.BACKGROUND On June 5, 2018, City Council determined that the northern portion of Soo Line Park is surplus land that could be sold to raise funds for park system improvements. This area is 13,502 square feet (0.3 acres) in size, and is addressed as 5232, 5238, and 5244 Scott Avenue North. This surplus land is proposed as the location for new single-family homes. According to state statute § 462.356, Subd. 2, for those communities with an adopted Comprehensive Plan, the Planning Commission shall report to the City Council whether the sale of the properties is in conformance with the Comprehensive Plan. Attachment: A.Site location map B.Resolution B.2030 COMPREHENSIVE PLAN The following are excerpts from the 2030 Comprehensive Plan related to the sale of the surplus properties. Adopt park plan (page 106): One of the goals of the Comprehensive Plan is to adopt a park master plan. This was adopted by the City Council in 2017. Recommended finding: The surplus property sale would achieve the following Comprehensive Plan goal: PLANNING COMMISSION STAFF REPORT Sale of Surplus Property SALE OF SURPLUS PROPERTIES – COMPREHENSIVE PLAN DETERMINATION PAGE 2 OF 2 o Maximize adaptive flexibility so that the parks may change as the needs of the neighborhood and community change (goal #5, page 105)  Housing Policy #3 (page 35): Increase the availability of new housing currently underrepresented in Crystal’s housing stock, such as move-up single-family houses. Recommended finding: Since the majority of Crystal’s single-family homes were constructed prior to the 1970, the addition of new single-family housing created by the sale of these surplus properties adds new housing opportunities within Crystal. C. STAFF RECOMMENDATION Planning Commission adopt resolution 2019-04 that the sale of the surplus properties by the city is in conformance to the Comprehensive Plan based on the findings in Section B above. Site Location Map 5232, 5238 & 5244 Scott Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 514713v1 MNI CR150-4 CRYSTAL PLANNING COMMISSION RESOLUTION NO. 2019 - 04 A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE CITY OF CRYSTAL FOR RESIDENTIAL HOUSING PURPOSES IS CONSISTENT WITH THE CITY OF CRYSTAL COMPREHENSIVE PLAN WHEREAS, the City of Crystal (“City”) proposes to convey the following real property (the (“Property”) for the purpose of constructing single-family homes: Lots 15, 16, and 17, Block 3, Rolling Green of Crystal, Hennepin County, Minnesota and; WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning Commission has reviewed the proposed conveyance of the Property, and has determined that such conveyance would maximize adaptive flexibility of the park system as the needs of the neighborhood and community change, and also to provide new housing opportunities within Crystal. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Crystal that the proposed conveyance of the Property is consistent with the City’s comprehensive municipal plan. BE IT FURTHER RESOLVED that this resolution be communicated to the City Council. Adopted this 12th day of August, 2019, by the Planning Commission of the City of Crystal. Chair, Crystal Planning Commission Attachment B