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2021.05.04 Work Session Packet (2nd) 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 30, 2021 City Council Second Work Session Agenda Tuesday, May 4, 2021 Immediately following the Economic Development Authority meeting Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held on Tuesday, May 4, 2021 at ______ p.m. electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Banks ____ Norris ____ Budziszewski ____ Therres ____ Cummings ____ Gilchrist ____ Kiser ____ Sutter ____ LaRoche ____ Larson ____ Parsons ____ Ray ____ Adams ____ Revering ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Miscellaneous amendments to the Unified Development Code (Chapter 5 of the City Code). 2. Draft ordinance regarding targeted protesting. 3. Crisis management and preparedness. 4. New business. * 5. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. UDC AMENDMENTS PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner TO: Anne Norris, City Manager (for May 4 Council Work Session) DATE: April 29, 2021 RE: Discuss Miscellaneous amendments to the Unified Development Code __________________________________________________________________________ A. BACKGROUND Staff is requesting City Council discussion of proposed amendments to the unified development code (UDC). The proposed amendments are correction s or clarifications, brought about by administering the UDC’s requirements. Attachment: A. Proposed UDC amendments B. PROPOSED AMENDMENTS 1. Detached garages. Language has been added to clarify that a detached garage has no structural attachment to the principal structure. 2. Front lot line. Language has been amended to use a more generic term (“principal building”) since through lots may contain non-residential buildings. 3. Mechanical equipment. The UDC was amended in separate places to clarify the requirements for mechanical equipment located on the ground and on rooftops: ➢ A definition for mechanical equipment has been added ➢ Table 4 (Accessory Uses) has been amended to allow mechanical equipment as a permitted accessory use in every zoning district. ➢ Screening requirements in section 520.13 have been amended to provide options in making mechanical units less visible. 4. Escrow for site improvement agreements. Language has been added to clarify that the city may retain a portion of the escrow deposit for up to two years if the approved site plan contains native vegetation or a stormwater infiltration basin. Plantings in these situations often take longer to become established than other landscaping, such as turf grass. 5. Required documents for adjacent parcel land conveyance application. Language has been amended to allow up to one year to submit the required recorded documents. If COUNCIL STAFF REPORT Discuss UDC amendments UDC AMENDMENTS PAGE 2 OF 3 the property has a mortgage, the property owner must secure the consent of the lender. This change will allow lenders more time to provide the necessary documents to the property owner. 6. Regulatory flood protection elevation. This term is used twice in the UDC. The first use is in the definition section of the UDC (section 505) and the second use is in the body of the floodplain requirements (section 515.09). An amendment to the definition section was made in 2018, but the term was not amended in section 515.09. This amendment corrects that internal inconsistency. 7. Parking study. This amendment clarifies that parking studies to potentially reduce the required number of parking spaces should include the number of proposed resid ents. 8. Vehicle wash or detailing. The following amendments are proposed for vehicle wash and detailing: ➢ Since vehicle wash have drive-through elements, the requirements were amended to require adherence to the same standards as drive-through facilities. ➢ Since drive-through facilities require a conditional use permit (CUP), Table 3 (permitted principal uses) has been amended to require a CUP for new vehicle wash and detailing establishments. 9. Tent sales. The language for temporary tent sales has been amended: ➢ Removed an internal inconsistency in which temporary outdoor sales are allowed for 180 days per calendar year, but tent sales were limited to a total of 21 days. ➢ Added use-specific standards to ensure that tents are maintained in good condition 10. Measurement of building height. The amendment is to correct an internal inconsistency between the definition of building height in the definition section of the UDC, and the description of how height is measured in section 520.01. The correction is to use the same language and illustration so that both sections measure height by average, not natural, grade. 11. Exception to setback for accessory buildings. The language has been clarified to make it easier to understand that accessory buildings can be located as close as 3’ to the property line if certain conditions are present. 12. Parking requirement for vehicle repair. Currently there is no specific parking requirement for vehicle repair. Staff excluded the service bays from both the parking space need calculation and the count of parking spaces provided. This change would add a specific requirement to the parking table to match past practice. 13. Stormwater plan. This amendment clarifies that the requirements of the Minnesota Pollution Control Agency (MPCA) must be met when a stormwater plan is submitted. This is a requirement for the city’s latest general stormwater permit from the state. C. PROPOSED SCHEDULE FOR ADOPTION The following is the proposed schedule for adopting a new ordinance: May 10 Planning Commission public hearing May 18 Council considers first reading of ordinance June 1 Council considers second reading and adoption June 10 Summary of ordinance published July 10 Effective date of ordinance UDC AMENDMENTS PAGE 3 OF 3 Staff will publish a hearing notice in the Sun Post newspap er and post the notice on the city’s website and social media. D. REQUESTED ACTION Staff requests Council discussion and direction to staff regarding these proposed ordinance amendments. The next step would be a Planning Commission public hearing, discussion and recommendation on the amendments, followed by Council action. 12 CR225-464-620540.v5 Subd. 63. 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. 64. 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. 65. Flood prone area. “Flood prone area” means any land susceptible to being inundated by water from any source (see “Flood”). Subd. 66. 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. 67. 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. 68. 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. 69. 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. 70. 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. 71. Frontage. “Frontage” means the line of contact of a property with a public right-of-way. Subd. 72. 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. 73. 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. 74. 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. A detached garage is a freestanding structure, not connected to the foundation, wall, roof, or other part of the principal structure. Subd. 75. 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. 76. Grade. “Grade” means the average finished ground level of the land around the perimeter of a lot, structure, or building. Attachment A 14 CR225-464-620540.v5 development standards for loading spaces shall only apply to those areas of at least ten feet in width, 30 feet in length and having a vertical clearance of at least 14 feet. Subd. 90. Lot. “Lot” means land occupied or proposed to be occupied by a building and its accessory buildings, together with such open space as is required under the provisions of this UDC, having not less than the minimum area required by this UDC for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 91. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. Figure 2: Illustration of lot configuration Subd. 92. Lot, corner. “Lot, corner” means a lot abutting on more than one street and situated at an intersection of streets (see figure 2). Subd. 93. Lot, interior. “Lot, interior” means a lot abutting on only one street (see figure 2). Subd. 94. 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. 95. 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. 96. Lot area. “Lot area” means the area of a horizontal plane within the lot lines. Subd. 97. 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. 98. 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 principal building is facing shall be the front lot line (see figure 3). 15 CR225-464-620540.v5 Figure 3: Illustration showing yards for through lot Subd. 99. 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. 100. Lot line, side. “Lot line, side” means any lot line that is not a front, rear or corner side lot line. Subd. 101. Lot line, corner side. “Lot line, corner side” means any street-abutting lot line that is not a front or rear lot line. Subd. 102. 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. 103. 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, or corner lots that are neither a square, rectangle, or parallelogram, lot width shall be measured at the required front and rear setback lines. Subd. 104. 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. 105. 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.” Subd. 106. 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. 107. Mechanical equipment. “Mechanical equipment” means equipment, devices and accessories, the use of which relates to water supply, powering, heating, ventilating, air conditioning and similar purposes. 16 CR225-464-620540.v5 Subd. 107108. Medical clinics. “Medical clinics” means a building, or part of a building, where persons are cared for on an outpatient basis. Subd. 108109. Mobile food unit. “Mobile food unit” has the meaning given it from the Crystal city code, chapter XIII. Subd. 109110. Multiple tenant building. “Multiple tenant building” means any building which has more than one tenant, and where each tenant has a separate ground-level exterior public entrance. Subd. 110.111 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. 111.112 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. 112113. 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. 113114. 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. 114115. 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. 115116. 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. 116117. 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. 117118. One hundred year floodplain. “One hundred year floodplain” means lands inundated by the “Regional Flood” (see definition). Subd. 118119. Owner or property owner. “Owner or property owner” means the owner or taxpayer of record according to Hennepin County property tax records. Subd. 119120. Parapet wall. “Parapet wall” means that portion of building wall that rises above the roof level. Subd. 120121. 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. 121122. 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. 17 CR225-464-620540.v5 Subd. 122123. 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. 123124. 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. 124125. 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, chapter 505. Subd. 125126. 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. 126127. 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. 127128. 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. 128129. 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. 129130. 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. Subd. 130131. 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. 131132. Public waters. “Public waters” means waters of the state as defined in Minnesota Statutes, section 103G.005. Subd. 132133. 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. 133134. 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. 134135. 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 18 CR225-464-620540.v5 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. 135136. 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. 136137. 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. 137138. 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. 138139. 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. 139140. Restrictive covenant. “Restrictive covenant” means a recorded contract or agreement entered into between private parties establishing restrictions on the development or use of property in addition to those established by this UDC. Subd. 140141. 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. 141142. 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. 142143. 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. 143144. Schools, elementary or secondary. “Schools, elementary or secondary” means buildings used to teach students that includes elementary schools, middle schools or high schools. Subd. 144145. 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. 145146. 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. 146147. 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 19 CR225-464-620540.v5 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. 147148. 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. Subd. 148149. 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. 149150. Setback, front. “Setback, front” means the minimum required horizontal distance between a structure and the front lot line (see figure 4). Subd. 150151. Setback, rear. “Setback, rear” means the minimum required horizontal distance between a structure and the rear lot line (see figure 4). Subd. 151152. Setback, side. “Setback, side” means the minimum required horizontal distance between a structure and the side lot line (see figure 4). Subd. 152153. 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. 153154. Shed. “Shed” means a detached accessory building that is used primarily for the storage of goods, not vehicles. Subd. 154155. Sign face. “Sign face” means the surface of the sign upon, against, or through which the message of the sign is exhibited. Subd. 155156. Sign structure. “Sign structure” means any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 156157. 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, 22 CR225-464-620540.v5 (y) Shimmering sign. “Shimmering sign” means a sign which reflects an oscillating sometimes distorted visual image. (z) Small sign. “Small sign” means a single sign six square feet or less in size. (aa) Temporary sign. “Temporary sign” means a sign which is erected or displayed, or both, for a limited period of time. (bb) 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: (1) The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; (2) The vehicle on which the sign is displayed is inoperable; (3) 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; (4) 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 (5) 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. (cc) 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. 157158. Small wireless facility. “Small wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 11. Subd. 158159. Special flood hazard area. “Special flood hazard area” means a term used for flood insurance purposes synonymous with “One hundred year floodplain.” Subd. 159160. 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. 160161. 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 23 CR225-464-620540.v5 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. 161162. 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. 162163. 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. 163164. Structure. “Structure” means anything constructed or erected on or connected to the ground, whether temporary or permanent in character. Subd. 164165. Subdivision. “Subdivision” means as a verb, the term means the process of separating a parcel of land for the purpose of building or conveyance including the division of previously subdivided property. As a noun, the term means the product resulting from the separation of a parcel into two or more parcels. The term also includes the activity regulated by Minnesota Statutes, chapters 515, 515A, and 515B. Subd. 165166. 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. 166167. 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. 167168. 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. 24 CR225-464-620540.v5 Subd. 168169. 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 one meter or less in diameter, or any satellite earth station antenna two 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. 169170. 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. Subd. 170171. 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. 171172. 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. 172.173 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. 173174. 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. 174175. 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. 175176. 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. 176177. Use, temporary. “Use, temporary” means a use that may be permitted for a specified period of time. Subd. 177178. 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. 25 CR225-464-620540.v5 Subd. 178179. 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. 179180. 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. Subd. 180181. 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. 181182. 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. 182183. 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. 183184. 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. 184185. Wireless facilities. “Wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 13. Subd. 185186. Wireless support structures. “Wireless Support Structure” has the meaning given in Minnesota Statutes, section 237.162, subdivision 16. Subd. 186187. 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. 187188. 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. 26 CR225-464-620540.v5 Figure 5: Illustration showing yard locations Subd. 188189. 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. 189190. 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. 190191. 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. 191192. 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). 37 CR225-464-620540.v5 (3) It is consistent with the use and character of surrounding properties; and (4) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways. (d) Amendments to approved site plans approved through a Type 2 procedure. (1) After a site plan has been approved through a Type 2 procedure, the applicant may request approval of adjustments or rearrangements of buildings in the course of carrying out the plan. If the amendment involves changes to 10 percent or less of the original floor area, not to exceed 500 square feet, the zoning administrator may approve the amendment after a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. If the amendment involves changes greater than 10 percent of the original floor area or exceeds 500 square feet, the amendment will be subject to a Type 2 review procedure. (2) The zoning administrator may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, exterior lighting, surface water management plans, or similar modifications subject to a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. (e) Effect of city council decision of site plans approved through a Type 2 procedure. (1) Site plan approval shall expire one year from the date of approval unless the applicant has applied for and received a building permit. (2) The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (i) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (ii) The anticipated completion date. (3) If required as a condition of approval of the site plan, the applicant shall sign a site improvement agreement with the city prior to the expiration date to guarantee completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence to secure the completion of the improvements. Upon completion of the work and acceptance by the city, the escrow deposit shall be released, except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 39 CR225-464-620540.v5 a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 7. Effect of city council decision. (a) A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section. (b) If a site plan was approved as part of the conditional use permit, the permit shall expire one year from the date of approval unless the applicant has applied for and received a building permit. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. (c) An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. (d) If required as a conditional of approval of the site plan for the conditional use permit, the applicant shall sign a site improvement agreement with the city prior to the expiration date to secure the completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence. Upon completion of the work and acceptance by the city, the escrow deposit shall be released except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 510.21. Adjacent parcel land conveyance. Subd. 1. Purpose. The purpose of the procedure is to allow for the adjustment of lot lines which are the result of a conveyance of small, non-buildable areas of land from one lot to an adjacent lot without creating any new nonconformities and where such minor changes do not call for the submission and approval of a subdivision plat. Any such adjustments which are approved pursuant to this subsection shall be exempt from both the lot consolidation provisions of the Crystal city code, subsection 510.23 and the provisions applicable to subdivisions in the Crystal city code, subsection 510.25. Subd. 2. Applicability. An adjacent parcel land conveyance occurs when a portion of a lot is conveyed to an adjacent lot resulting in an adjustment to the lot line. Subd. 3. Approval procedure. An adjacent parcel land conveyance shall be subject to the Type 1 review procedure. 40 CR225-464-620540.v5 Subd. 4. Approval criteria. All of the following criteria shall be considered and met in the review of adjacent parcel land conveyance: (a) The land conveyance will not create any new nonconformities beyond those that existed prior to the application and which will not be corrected by the adjustment; (b) The land conveyance is in compliance with the requirements of this UDC; and (c) The parcel being conveyed shall not be a buildable parcel according to the dimensional requirements of the zoning district in which the parcel is located. (d) The applicant is not required to comply with the park dedication requirements as provided for in the Crystal city code, subsection 525.05 for a subdivision. Subd 5. Deed consolidation. Upon approval of any adjacent parcel land conveyance pursuant to the terms of this section, the applicant shall record with the County Recorder or Registrar of Titles an updated deed which combines the legal descriptions for the original lot and that part of the adjacent parcel which has been conveyed to the applicant pursuant to this section. The applicant shall provide the city with evidence of the recording of such instrument within 30 days one year of approval of such application hereunder, or the zoning administrator’s approval of the adjacent parcel land conveyance shall be automatically revoked . 510.23. Lot consolidation. Subd. 1. Applicability. A lot consolidation shall meet the following requirements. If these requirements are not met, the property owner will be required to apply for a subdivision application as provided in the Crystal city code, subsection 510.25. (a) All parcels resulting from the lot consolidation shall have frontage and access on an existing improved street and shall not require the construction of any new street. (b) Any such consolidation shall not require any public improvements, with the exception of sidewalks, bike paths or trails, and does not include conveyance of an interest in real property to the city. Subd. 2. Approval procedure. (a) Lot consolidations shall be submitted in writing to the zoning administrator and shall be subject to the Type 3 review procedure. The city council will consider approval of a final plat as part of that review procedure. (b) In addition to the review procedure set forth above, all lot consolidation applications shall be submitted to the state and county highway departments (if adjacent to a state or county highway) prior to submission of an application. A comment letter from these entities shall be required as part of the application. Subd. 3. Approval criteria. All of the following criteria shall be considered in the review of lot consolidations: (a) The consolidation must be in general compliance with the comprehensive plan; (b) The consolidation must meet the purpose and intent of this UDC; 54 CR225-464-620540.v5 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”). (a) Delineated by map. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards as provided in the Crystal city code, subsection 515.13 shall apply, depending on the location of a property. (b) Not delineated by map. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards shall apply unless the floodway boundary is determined. Once the floodway boundary is determined, the Flood Fringe District standards may apply outside the floodway. (c) Lands to which this subsection applies. This Floodplain Overlay subsection applies to all lands within the jurisdiction of the City shown on the city’s zoning map and/or the attachments to the map as being located within the boundaries of the Flood Districts. Additionally, this Floodplain overlay subsection shall also apply to all lands which are shown on the Bassett Creek Watershed Management Organization’s Trunk System Map. (d) Overlay districts. The Floodway, Flood Fringe, and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this subsection. In case of a conflict, the more restrictive standards will apply. (e) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the zoning map of Crystal, Minnesota and this subsection. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file at Crystal city hall. The Effective Flood Insurance Rate Map panels are as follows: 27053C0192F 27053C0194F 27053C0203F 27053C0204F 27053C0211F 27053C0212F 27053C0213F 27053C0214F (f) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation not lower less than one 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. (g) Interpretation. The boundaries of the Flood Districts are determined by scaling distances on the Flood Insurance Rate Map. (1) Where a conflict exists between the floodplain limits illustrated on the city’s zoning map and actual field conditions, the flood elevations shall be the governing factor. The zoning administrator must interpret the boundary location based on the ground elevations that 71 CR225-464-620540.v5 (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, subsection 515.05, subdivision 5. (d) Parking. The development shall provide parking according to the requirements in the Crystal city code, subsection 520.15, subdivision 6. If the applicant desires to alter the number of required parking spaces through the TC-PD approval process, the following information shall be submitted: (1) Number of customers, patients, visitors, residents, 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; and (4) 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 75 CR225-464-620540.v5 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 Hotel, Motel, Extended Stay Establishments - - - P P P - 515.19, subdivision 4 (d) Kennels, Commercial [2] - - - 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 [3] - C C P P P 515.19, subdivision 4 (h) Restaurants or Eating Establishments [4] - C C P P P - 515.19, subdivision 4 (i) Retail Establishments [5] - C C P P P - 515.19, subdivision 4 (j) Theater, Indoor - - - P P - - Vehicle Repair - - - C - P - 515.19, subdivision 4 (k) Vehicle, Boat or Recreational Sales or Rental - - - P - P - 515.19, subdivision 4 (l) Vehicle Fuel Sales - - - P - - - 515.19, subdivision 4 (m) Vehicle Wash or Detailing - - - PC - PC - 515.19, subdivision 4 (n) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - - P - Bulk Storage of Liquids - - - P - P P 515.19, subdivision 5 (a) Industrial Uses (Indoors) - - - - - P - Industrial Or Commercial Uses with Outdoor Storage of Parts, Products, or Fuels - - - - - P - 515.19, subdivision 5 (b) Self Storage Facilities - - - - - P - Warehouse - - - - - 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 81 CR225-464-620540.v5 (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way; and (3) If the property is adjacent to one or two residential family dwellings, the vehicle fuel sales businesses shall be closed between the hours of midnight and 5 a.m. (n) Vehicle wash or detailing. Vehicle wash or detailing establishments are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; and (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way. (3) A vehicle wash or detailing establishment shall comply with the use-specific standards for drive-through facilities in the Crystal city code, subsection 515.23, Subd. 2 (b). Subd. 5. Industrial, manufacturing, research and wholesale use category. (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: (1) 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, subsection 520.15 for hard surface design; 92 CR225-464-620540.v5 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 (b) Home Businesses P P P - P - - No 515.23, subdivision 2 (c) Keeping of Chickens P P - - - - - No 910 Kennels, Commercial P - - - - - - No 515.23, subdivision 2 (d) Kennels, Multiple Animal P P P - - - - No 515.23, subdivision 2 (e) 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(b) Amateur radio towers P P P - - - P No 515.23, subdivision 3(c) Balconies - P P - P - - No 515.23, subdivision 3 (d) Carports P P - - - - - No 515.23, subdivision 3(h) Clothesline poles P P - - - - - No 515.23, subdivision 3(e) Commercial storage buildings - - - C - P P See Note [1] 515.23, subdivision 3(f) 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 - - - P - P P No 515.23, subdivision 3 (g) Garages, attached or detached P P P P - P P No 515.23, subdivision 3(h) Gazebos P P P - - - - No 515.23, subdivision 3(i) Mechanical equipment P P P P P P P 520.13 Noncommercial greenhouses P P - - - - - No 515.23, subdivision 3(j) Off-street parking and loading [3] P P P P P P P Yes 520.15 Patios, decks, and porches P P P P P - - No 515.23, subdivision 3 (k) Sheds P P P P - P P No 515.23, subdivision 3(l) Sidewalks P P P P P P P No 515.23, subdivision 3(m) Signs, Permanent P P P P P P P Not Applicable 530 103 CR225-464-620540.v5 (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., and merchandise shall only be displayed during that time with each sale lasting no more than seven consecutive days. Each site is limited to no more than three sales events per calendar year; and (5) Tents shall be maintained in good repair. Any tent that is potentially dangerous or in disrepair shall be removed or repaired. (d) Seasonal agricultural sales. Seasonal agricultural sales are subject to the following standards: (1) Location. (i) The property contains an area that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, or traffic movements; (ii) The applicant shall demonstrate that adequate off-street parking is provided for the duration of the sale. If applicable, consideration shall be given to the parking needs of other occupants on the same property; and (iii)The sale of goods shall not occur within the public right-of-way. (2) Hours of operation. The hours of operation of the seasonal sale of agricultural products shall be between the hours of 7:30 a.m. and 9:00 p.m., or the same hours of operation as the principal use on the same lot, whichever is more restrictive. Subd. 6. Portable storage containers. Portable storage containers are subject to the following standards: (a) If the container is located in the public right-of-way, the container shall comply with the requirements of the Crystal city code, chapter VIII; and 108 CR225-464-620540.v5 Figure 14: 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 14). (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 14). (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 14) Subd. 5. Height requirements and exceptions. (a) Standards. 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 in feet as the vertical distance from the natural average grade around the perimeter of a structure to of the site to an imaginary plane as the maximum allowed number of feet above and parallel to the grade (see Figure 15):. (1) The deck line of a mansard roof; or 109 CR225-464-620540.v5 (2) The highest point of a flat roof; or (3) The mean height between the eaves and highest point on gable, hip or gambrel roof. The location of natural average grade shall be determined by the zoning administrator and shall not be artificially raised to gain additional building height. Replace this graphic with the one below it: Figure 15: 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. 122 CR225-464-620540.v5 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP 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 garageGarages, carports, accessory dwelling units, or workshops in the side or rear yard may be located as close as 3 feet to the property line provided that no part of the building, including eaves and foundation, is within the 3 foot area and does not encroach into a platted or dedicated easement. 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. 134 CR225-464-620540.v5 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. Ground-mounted mechanical equipment shall 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. This screening shall meet the following requirements: Equipment for one and two-family dwellings is exempted from this requirement; (1) Location and height requirements (i) Ground-mounted equipment shall not be located between the building and the public right-of-way. (ii) Screening shall be as high as the highest point of the equipment being screened. If a screen greater than 8 feet tall is required, the zoning administrator may require that the equipment be located in the principal building or the most visually inconspicuous area of the property that does not cause unnecessary negative impacts to residential properties. (2) Exceptions. The following ground-mounted mechanical equipment shall be exempt from the screening requirements of this subsection: (i) Minor equipment not exceeding 18 inches in height. (ii) Mechanical equipment accessory to a one or two-family dwelling. (c) Roof-mounted mechanical equipment. Roof-mounted mechanical equipment shall be screened from view of adjacent properties and public rights-of-way, accomplished through the two methods in (1) and (2), below. As an alterative to these methods, the city may, at its discretion, allow rooftop equipment to be screened by painting it to match or approximate the color of the background against which the equipment is viewed. Solar energy systems are exempt from screening from this requirements if screening would interfere with system operations. (1) use Use of building walls, parapets, and/or roof systems (See Figure 24) Figure 24: Example of how parapet walls are utilized to screen roof mounted mechanical equipment. (2) Locate the equipment to a sufficient distance from the roof edge so as to not be visible. 136 CR225-464-620540.v5 Subd. 6. Approval of screening. Screening is typically approved at the time of review of a development review application, but also in those specific instances where screening is required. shall be approved during review of a zoning certificate, site plan, conditional use permit. In addition to what is required in this subsection, the zoning administrator or city council may require a specific type of screening to be used in a specific situation. Subd. 7. Deviation from standards. Screening which deviates from the standards identified in this subsection may be approved by the zoning administrator or the city council, dependent on the type of application required, and based on the unique circumstances of the proposal. In deciding whether or not to approve the alternative screening plan, the zoning administrator or city council may consider the following: (a) The items are sufficiently screened by a building or vegetation or the natural features of the site; (b) Due to the nature of the surrounding area and the character of the items to be screened, screening of the items is not necessary; or (c) The required screening may obstruct views of traffic or reduce natural surveillance of the site. 520.15. Off-street parking and loading. Subd. 1. Purpose. The purpose of off-street parking requirements is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing requirements for off-street parking of motor vehicles as a use that is accessory to the utilization of various parcels of land or structures. Subd. 2 Applicability. (a) New uses. The parking requirements of this subsection shall apply to a zoning certificate application as provided in the Crystal city code, subsection 510.15, or site plan application as provided in the Crystal city code, subsection 510.17, for the construction of a new building or use in any zoning district. (b) Expanded uses. (1) Whenever a building or use created prior to the effective date of this UDC is changed or enlarged in floor area, number of units, seating capacity, or otherwise that will create a need for an increase in the number of parking spaces, the additional parking spaces shall be provided on the basis of the new demand created by the enlargement or change. (2) If the proposed expansion or enlargement will increase the floor area, number of dwelling units, seating capacity, or other area to an extent larger than 50 percent of the building or use prior to the effective date of this UDC, then the entire site shall come into compliance with the requirements of this subsection. (c) Change of use. No change of use shall be authorized unless the new use meets the minimum number of parking spaces required by this subsection. (d) Existing uses. The parking requirements of this subsection shall not apply to buildings and uses legally in existence on the effective date of this UDC unless modified in the manner stated in this subsection. Furthermore, any parking facilities now serving such existing buildings or uses shall not be reduced below the requirements established in this subsection in the future. 140 CR225-464-620540.v5 Table 11: Parking Spaces by Use Use Type Minimum Maximum and Personal Service Theaters or Auditoriums 4 spaces, plus no less than 1 space per 4 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Vehicle Repair 4 spaces, plus no less than 1 space per 500 square of gross floor area, excluding service bays. Service bays cannot be counted as parking spaces. 4 spaces, plus no more than 1 space per 250 square feet of gross floor area, excluding service bays. Service bays cannot be counted as parking spaces. Vehicle, Boat, or Recreational Sales or Rental 4 spaces, plus 1 space per employee on the major shift. Such spaces are in addition to the vehicles parked for display Vehicle Fuel Sales 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no less than 1 space per 300 square feet of building area used for the sale of goods or services 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no more than 1 space per 150 square feet of building area used for the sale of goods or services Vehicle Wash or Detailing 1) Drive-through, staffed: 2 spaces, plus 1 space per employee on the major shift 2) Drive-through, not staffed: 2 spaces 3) Self-service: 2 spaces Industrial, Manufacturing, Research and Wholesale Use Category Manufacturing 4 spaces, plus no less than 1 space per 1,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 500 square feet of gross floor area Warehouses 4 spaces, plus no less than 1 space per 3,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 1,000 square feet of gross floor area Public, Institutional, or Recreational Use Category High School, college, university, or trade/business school 4 spaces, plus no less than 1 space per classroom, plus no less than 1 space per 2 students based on design capacity Not applicable Hospital Number of spaces as required per a parking study Number of spaces as required per a parking study 142 CR225-464-620540.v5 (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 information required in this paragraph. 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, residents, 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 unpaved areas complies with the following standards and is authorized in accordance with the approval of the relevant development review application (see Figure 26): (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; 152 CR225-464-620540.v5 Subd. 4. Storm water management plan. The plan shall contain the information required in this subdivision, and shall conform to the requirements of the Minnesota Pollution Control Agency’s Construction Stormwater General Permit (MNR100001) for erosion, sediment and waste controls as it relates to storm water discharge. (a) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: (1) The street address, property identification number or legal description of the subject property; (2) North point, date, scale of drawing, and number of sheets; (3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; (4) A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; (5) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; (6) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable; (7) Vegetative cover and clearly delineating any vegetation proposed for removal; and (8) 100-year floodplains, flood fringes and floodways. (b) Site construction plan. A site construction plan including: (1) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; (2) Locations and dimensions of all temporary soil or dirt stockpiles; (3) Locations of all proposed stormwater management facilities; (4) Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this section; (5) Schedule of anticipated starting and completion date of each land disbursing activity including the installation of construction site erosion control measures needed to meet the requirements of this section; and