HomeMy WebLinkAboutNo 1044 Amending Chapter 44 of the Zoning Code, Article II. District Regulations
ORDINANCE NO. 1044
An Ordinance Amending Chapter 44 of the Zoning Code, Article II. District Regulations
The City Council of Maplewood ordains as follows:
Section I. Chapter 44, Article II. District regulations is hereby repealed in its entirety and
replaced with the following:
ARTICLE II. DISTRICT REGULATIONS
DIVISION 1. USE TABLES FOR ALL DISTRICTS
Secs. 44-46. Principal Use Table
Table 44-46-1 lists land uses and indicates whether they are permitted, permitted with
standards, conditional, or prohibited. The table also includes references to whether additional
use specific standards are applicable to that use. The following definitions shall be referenced
when using Table 44-46-1:
a. Permitted Uses – a “P” in a cell of the use table indicates that the land use is
allowed by right in the base zoning district.
b. Permitted with Standards Uses – a “PS” in a cell of the use table indicates that
the land use is allowed when standards identified in Division 19 Use-Specific
Standards are met. Uses permitted with standards are also subject to all other
applicable requirements of Chapter 44 Zoning. Any request to vary from the
standards set forth for a Permitted with Standards Use shall be processed as a
Variance.
c. Conditional Uses – a “CUP” in a cell of the use table indicates that the land use is
allowed in the base zoning district only upon approval of a Conditional Use
Permit as described in Article V- Conditional Use Permits and in compliance with
any use-specific standards identified in Division 19 Use-Specific Standards. Uses
subject to a Conditional Use Permit are also subject to all other applicable
requirements in the City Code.
d. Prohibited Uses – a blank cell in the use table indicates that the land use is
prohibited in that base zoning district.
Table 44-46-1 Principal Use Table
P=Permitted PS=Permitted with Standards CUP=Conditional Use Permit Blank=Prohibited
Agriculture Residential Use Specific
Standard Use Type OSP F R‐E R‐1R R‐1S R‐1 R‐2 R‐3A R‐3B R‐3C R‐3
Residential
Household Living
Dwelling, single‐unit
P
P
P
P
P
P See Division 19 of
Chapter 44
Dwelling, double (duplex)
P
P
P
P
P See Division 19 of
Chapter 44
Dwelling, townhouse P
Dwelling, apartment P P P P
Live‐work unit See Division 19 of
Chapter 44
Dwelling, apartment mixed use
Manufactured home
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Division 19 of
Chapter 44
Agriculture Residential Use Specific
Standard Use Type OSP F R‐E R‐1R R‐1S R‐1 R‐2 R‐3A R‐3B R‐3C R‐3
Manufactured home park CUP CUP CUP CUP CUP CUP
Group Living
Assisted living facility
CUP
CUP
CUP
CUP
Continuing care facility
CUP
CUP
CUP
CUP
Long‐term or transitional care facility
CUP
CUP
CUP
CUP
Residential care, licensed in‐home (6 or fewer)
P
P
P
P
P
P
P
P
P
P
Residential care, licensed in‐home (7 or more)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Lodging
Bed and breakfast
See Division 19 of
Chapter 44
Boardinghouse, roominghouse, or
lodginghouse
CUP
CUP
CUP
CUP
Hotel or motel
Short‐term vacation rental
P
P
P
P
P
P
P
P
P
P
P
Public, Social & Institutional
Adult day or child care center
Club, lodge or hall
Cemetery, crematory, or mausoleum CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Clinic, medical, dental, or health related
Funeral home or mortuary
Religious institution CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Private school, day care center or community
service use CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Public and quasipublic uses appropriate to the
district, such as hospitals; and professional,
business and technical schools.
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
School CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Commercial
Food, Beverage, & Indoor Entertainment
Adult uses and sexually oriented businesses
Health/sports club
Indoor organized athletic activities, such as
dance, physical fitness or karate
Indoor theater
On‐sale liquor
Place of amusement, recreation or assembly,
other than an indoor theater, indoor athletic
activity or itinerant carnival
Restaurant
Specialty food or coffee shop
Retail Sales and Services
Animal boarding, shelter, or daycare center
Agriculture Residential Use Specific
Standard Use Type OSP F R‐E R‐1R R‐1S R‐1 R‐2 R‐3A R‐3B R‐3C R‐3
Animal veterinary clinic See Division 19 of
Chapter 44
Currency exchange business See Division 19 of
Chapter 44
Financial institution
Motor vehicle accessory installation center
Motor vehicle maintenance garage See Division 19 of
Chapter 44
Motor vehicle major motor fuel station See Division 19 of
Chapter 44
Motor vehicle minor motor fuel station See Division 19 of
Chapter 44
Motor vehicle wash See Division 19 of
Chapter 44
Personal service
Pawnbroker See Division 19 of
Chapter 44
Repair shop, except motor fuel stations or
maintenance garages
See Division 19 of
Chapter 44
Small appliance and electronic component or
equipment repair
Retail
Retail firearms sales See Division 19 of
Chapter 44
Retail or commercial rental activities
Sale or leasing of new or used motor vehicles See Division 19 of
Chapter 44
Storage or rental of motor vehicles
Studio or makerspace
Business & Technical Services
Medical and dental laboratories, not including
the manufacture of pharmaceutical or other
products for general sales and distribution.
Office
Publishing or printing establishment
Industrial
Brewery, winery, distillery
Carpet and rug cleaning
CNG (compressed natural gas) or LPG (liquid
petroleum gas) dispensing facilities
Contractor shop and yard
Incinerator
Laboratory, research, experimental, or testing
Manufacturing, light See Division 19 of
Chapter 44
Manufacturing, heavy
Agriculture Residential Use Specific
Standard Use Type OSP F R‐E R‐1R R‐1S R‐1 R‐2 R‐3A R‐3B R‐3C R‐3
Mining See Division 19 of
Chapter 44
Processing and distributing station for
beverages
Processing of rags or junk when enclosed
within a building
Recycling facility See Division 19 of
Chapter 44
Scrap, salvage, or junk yard
Storage and sale of machinery and equipment
Storage facility, personal
Storage yard
Wood pulp and fiber reduction and processing
Trucking yard or terminal
Warehouse & distribution facility
Wholesale business establishments
Agriculture, Recreation & Open Space
Commercial farming or gardening
P
CUP
Commercial greenhouses or nurseries
P
Community and market garden, more than 1
acre in size
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
See Division 9 of
Article V of Chapter
18
Community and market garden, under 1 acre in
size
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 9 of
Article V of Chapter
18
Golf courses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Livestock raising and handling
CUP
Public open space and park lands
P
Public parks and playgrounds
P
P
P
P
P
P
P
P
P
P
P
Utilities & Transportation
Antennas and towers CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP See Article XI of
Chapter 44
Heliport
Public and private utilities (see CUP section) CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Off‐street parking
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Parking lot
Mixed Use Commercial Industrial Use Specific
Standard Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
Residential
Household Living
Dwelling, single‐unit PS PS PS PS See Division 19 of
Chapter 44
Dwelling, double (duplex) PS CUP CUP CUP See Division 19 of
Chapter 44
Mixed Use Commercial Industrial Use Specific
Standard Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
Dwelling, townhouse P
Dwelling, apartment P P CUP CUP
Live‐work unit CUP P P P P See Division 19 of
Chapter 44
Dwelling, apartment mixed use P P
Manufactured home CUP PS See Division 19 of
Chapter 44
Manufactured home park CUP CUP CUP
Group Living
Assisted living facility CUP P
Continuing care facility CUP P
Long‐term or transitional care facility P
Residential care, licensed in‐home (6 or fewer) P P P P P P P P P P
Residential care, licensed in‐home (7 or more) CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Lodging
Bed and breakfast
PS/CUP
See Division 19 of
Chapter 44
Boardinghouse, roominghouse, or
lodginghouse
Hotel or motel P P P P P
Short‐term vacation rental P P P P P P P P
Public, Social & Institutional
Adult day or child care center P P P p P P P P P
Club, lodge or hall P P CUP CUP P CUP P P
Cemetery, crematory, or mausoleum CUP CUP CUP CUP CUP CUP CUP CUP CUP
Clinic, medical, dental, or health related P P P P P P P P P
Funeral home or mortuary P P P P
Religious institution CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Private school, day care center or community
service use CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Public and quasipublic uses appropriate to the
district, such as hospitals; and professional,
business and technical schools.
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
School CUP CUP CUP CUP CUP CUP CUP CUP P CUP
Commercial
Food, Beverage, & Indoor Entertainment
Adult uses and sexually oriented businesses P P
Health/sports club P P
Indoor organized athletic activities, such as
dance, physical fitness or karate P P P P P P P
Indoor theater P P P P P P P
On‐sale liquor P P P CUP P P
Mixed Use Commercial Industrial Use Specific
Standard Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
Place of amusement, recreation or assembly,
other than an indoor theater, indoor athletic
activity or itinerant carnival
P
CUP
CUP
CUP
CUP
CUP
Restaurant P P CUP CUP P CUP P P
Specialty food or coffee shop P P P P P P P P
Retail Sales and Services
Animal boarding, shelter, or daycare center CUP CUP P P P P P
Animal veterinary clinic PS PS PS P P P P See Division 19 of
Chapter 44
Currency exchange business CUP CUP CUP See Division 19 of
Chapter 44
Financial institution P P P P P P P
Motor vehicle accessory installation center P P P P P
Motor vehicle maintenance garage CUP CUP CUP See Division 19 of
Chapter 44
Motor vehicle major motor fuel station CUP CUP CUP See Division 19 of
Chapter 44
Motor vehicle minor motor fuel station CUP CUP CUP CUP CUP CUP See Division 19 of
Chapter 44
Motor vehicle wash CUP CUP CUP See Division 19 of
Chapter 44
Personal service P P P P P P
Pawnbroker
CUP
CUP
CUP See Division 19 of
Chapter 44
Repair shop, except motor fuel stations or
maintenance garages
PS
PS
P
P
P
P See Division 19 of
Chapter 44
Small appliance and electronic component or
equipment repair
P
P
Retail
P
P
P
P
P
P
P
Retail firearms sales
CUP
CUP
CUP See Division 19 of
Chapter 44
Retail or commercial rental activities
P
P
P
Sale or leasing of new or used motor vehicles
PS
PS
PS See Division 19 of
Chapter 44
Storage or rental of motor vehicles
CUP
CUP
CUP
Studio or makerspace
CUP
P
P
P
P
P
P
P
Business & Technical Services
Medical and dental laboratories, not including
the manufacture of pharmaceutical or other
products for general sales and distribution.
CUP
Office P P P P P P P P
Publishing or printing establishment PS P P P P P P
Industrial
Brewery, winery, distillery CUP CUP P P P P
Carpet and rug cleaning P P
Mixed Use Commercial Industrial Use Specific
Standard Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
CNG (compressed natural gas) or LPG (liquid
petroleum gas) dispensing facilities
PS P P
Contractor shop and yard P P
Incinerator CUP
Laboratory, research, experimental, or testing P P
Manufacturing, light CUP P P See Division 19 of
Chapter 44
Manufacturing, heavy CUP
Mining CUP CUP CUP See Division 19 of
Chapter 44
Processing and distributing station for
beverages
CUP P P
Processing of rags or junk when enclosed
within a building
CUP
Recycling facility CUP CUP CUP See Division 19 of
Chapter 44
Scrap, salvage, or junk yard CUP CUP
Storage and sale of machinery and equipment P P
Storage facility, personal CUP CUP CUP
Storage yard CUP CUP CUP
Wood pulp and fiber reduction and processing CUP
Trucking yard or terminal CUP CUP
Warehouse & distribution facility P P
Wholesale business establishments P P
Agriculture, Recreation & Open Space
Commercial farming or gardening
Commercial greenhouses or nurseries
Community and market garden, more than 1
acre in size
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
See Division 9 of
Article V of Chapter
18
Community and market garden, under 1 acre
in size
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 9 of
Article V of Chapter
18
Golf courses
Livestock raising and handling
Public open space and park lands
Public parks and playgrounds P CUP
Utilities & Transportation
Antennas and towers CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP See Article XI of
Chapter 44
Heliport CUP
Mixed Use Commercial Industrial Use Specific
Standard Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
Public and private utilities (see CUP section) CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Off‐street parking
CUP
CUP
Parking lot P P P
Secs. 44-47. Accessory Use Table
Table 44-47-1 lists accessory uses and indicates whether they are permitted or permitted
with standards. The table also includes references to whether additional use specific standards
are applicable to that use. The following definitions shall be referenced when using Table 44-47-
1.
a. Permitted Uses – a “P” in a cell of the use table indicates that the accessory land
use is allowed by right in the base zoning district.
b. Permitted with Standards Use – a “PS” in a cell of the use table indicates that the
accessory land use is allowed when standards identified in Division 19 Use-
Specific Standards are met. Uses permitted with standards are also subject to all
other applicable requirements of the City Code.
c. Conditional Uses – a “CUP” in a cell of the use table indicates that the land use is
allowed in the base zoning district only upon approval of a Conditional Use
Permit as described in Article V- Conditional Use Permits and in compliance with
any use-specific standards identified in Division 19 Use-Specific Standards. Uses
subject to a Conditional Use Permit are also subject to all other applicable
requirements in the City Code.
d. Prohibited Uses – a blank cell in the use table indicates that the accessory land
use is prohibited in that base zoning district.
Table 44-47-1 Accessory Use Table
P=Permitted PS=Permitted with Standards CUP=Conditional Use Permit Blank=Prohibited
Agriculture Residential Use Specific
Standards Use Type OSP F R‐E R‐1R R‐1S R‐1 R‐2 R‐3A R‐3B R‐3C R‐3
Accessory building
P
P
P
P
P
P
P
P
P
P See Division 19 of
Chapter 44
Accessory dwelling unit (ADU)
P
P
P
P
P See Division 19 of
Chapter 44
Adult use See Article III of
Chapter 14
Antennas and towers
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP See Article XI of
Chapter 44
Beekeeping
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Article XI of
Chapter 10
Cemetery, crematory, or mausoleum CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Community or market garden, more than 1
acre in size
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
See Division 9 of
Article V of Chapter
18
Community or market garden, under 1 acre in
size
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 9 of
Article V of Chapter
18
Day care, family
P
P
P
P
P
P
PS
PS
PS
PS See Division 19 of
Chapter 44
Agriculture Residential Use Specific
Standards Use Type OSP F R‐E R‐1R R‐1S R‐1 R‐2 R‐3A R‐3B R‐3C R‐3
Direct to consumer sales, less than 4 (four)
months)
See Division 19 of
Chapter 44
Direct to consumer sales, more than 4 (four)
months)
See Division 19 of
Chapter 44
Drive‐up food or beverage window,
drive‐ through sales and service
Exterior storage, display, sale or distribution
of goods or materials
Helistop CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Home garden P P P P P P P P P P
Home occupation
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Division 2 of
Chapter 14
Itinerant carnivals
See Chapter 8 of
Article IV of Chapter
18
Landscape business
CUP
See Division 19 of
Chapter 44
Metal storage buildings
PS
CUP
See Section 12‐5
Public passenger transportation terminal (bus
stop, transit station)
Sacred community
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Division 19 of
Chapter 44
Signs
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Article III of
Chapter 44
Solar Energy Systems
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 5 of
Article V of Chapter
18
Stands for the sale of agricultural products
produced on the premises
P CUP
Storage or parking of heavy commercial
vehicles or commercial equipment or
more
than one light commercial vehicle
CUP
Supportive commercial uses
PS
PS
PS
PS See Division 19 of
Chapter 44
Wind Energy Conversion System, Large
CUP
CUP
CUP
CUP
CUP
See Division 5 of
Article V of Chapter
18
Wind Energy Conversion System,
Small (ground mounted)
PS
PS
PS
PS
PS
See Division 5 of
Article V of Chapter
18
Wind Energy Conversion System, Small
(roof mounted)
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 5 of
Article V of Chapter
18 Mixed Use Commercial Industrial Use Specific
Standards Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
Accessory building
CUP
P
CUP
CUP See Division 19 of
Chapter 44
Accessory dwelling unit (ADU)
P
See Division 19 of
Chapter 44
Adult use
PS
PS
PS
PS See Article III of
Chapter 14
Antennas and towers
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP See Article XI of
Chapter 44
Beekeeping
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Article XI of
Chapter 10
Cemetery, crematory, or mausoleum CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Community or market garden, more than 1
acre in size
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
See Division 9 of
Article V of Chapter
18
Mixed Use Commercial Industrial Use Specific
Standards Use Type MU NE NC CO BC LBC BC (M) SC M‐1 M‐2
Community or market garden, under 1 acre in
size
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 9 of
Article V of Chapter
18
Day care, family
P
P
See Division 19 of
Chapter 44
Direct to consumer sales, less than 4 (four)
months)
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Division 19 of
Chapter 44
Direct to consumer sales, more than 4 (four)
months)
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Division 19 of
Chapter 44
Drive‐up food or beverage window, drive‐
through sales and service
CUP
P
CUP
CUP
P
CUP
P
P
Exterior storage, display, sale or distribution
of goods or materials P CUP
Helistop CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Home garden CUP
Home occupation
CUP
CUP
See Division 2 of
Chapter 14
Itinerant carnivals
PS
PS
PS
PS
PS
See Chapter 8 of
Article IV of Chapter
18
Landscape business
See Division 19 of
Chapter 44
Metal storage buildings
CUP
PS
PS
See Section 12‐5
Public passenger transportation terminal (bus
stop, transit station)
P CUP
Sacred community
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Division 19 of
Chapter 44
Signs
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS See Article III of
Chapter 44
Solar Energy Systems
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 5 of
Article V of Chapter
18
Stands for the sale of agricultural products
produced on the premises
Storage or parking of heavy commercial
vehicles or commercial equipment or more
than one light commercial vehicle
Supportive commercial uses
PS
PS See Division 19 of
Chapter 44
Wind Energy Conversion System, Large
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
See Division 5 of
Article V of Chapter
18
Wind Energy Conversion System, Small
(ground mounted)
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 5 of
Article V of Chapter
18
Wind Energy Conversion System, Small (roof
mounted)
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
See Division 5 of
Article V of Chapter
18
Secs. 44-48—44-50. Reserved.
DIVISION 2. OSP OPEN SPACE AND PARKS DISTRICT
Secs. 44-51. Purpose and intent.
The OSP open space and parks district is designed to be a public park and open space
district. Public parks and open space may be owned or operated by Maplewood, Ramsey
County or any other public body. All improvements within these districts must be consistent with
the Maplewood Comprehensive Land Use Plan.
Secs. 44-52. Development guidelines.
Improvements and structures within open space lands and public parks with recreational
facilities and structures shall be consistent with the Maplewood Comprehensive Land Use Plan
and developed in conformance with the site development requirements stipulated in the
Maplewood Zoning Ordinance.
Secs. 44-53—44-60. Reserved.
DIVISION 3. F FARM RESIDENCE DISTRICT
Secs. 44-61. Purpose and intent.
(1) The F farm residence district is intended to implement the Maplewood Comprehensive
Land Use Plan and provide areas that offer a rural residential setting with opportunities
for agricultural uses.
(2) The standards of the R-1, residence district (single dwelling) shall apply to principal and
accessory uses in the F, farm residence district unless otherwise specified.
Secs. 44-62—44-70. Reserved.
DIVISION 4. R-1 RESIDENCE DISTRICT (SINGLE DWELLING)
Secs. 44-71. Purpose and intent.
The purpose of the R-1, residence district (single dwelling), is to provide for single unit
detached dwelling units and directly related complementary uses.
Secs. 44-72. Minimum foundation areas; room requirements.
The foundation area for any single unit dwelling in the R-1 residence district shall not be less
than the following:
a. A one-story dwelling, 950 square feet.
b. A 1½-story dwelling, 720 square feet.
c. A bilevel dwelling, 816 square feet.
d. A trilevel dwelling, 765 square feet.
e. A two-story dwelling, 528 square feet.
Room size and number shall be consistent with Uniform Building Code standards.
Secs. 44-73. Height of buildings.
No single unit dwelling in the R-1 residence district shall exceed a height of 35 feet, unless
the city council approves a conditional use permit.
Secs. 44-74. Lot dimensions.
The minimum lot area in the R-1 residence district shall be 10,000 square feet. The
minimum lot width at the building setback line shall be 75 feet, except that interior lots of record
that are 60 feet wide or greater may be allowed by a conditional use permit provided that:
a. The findings required by code for a conditional use permit can be met.
b. There are at least two developed lots of record with the same or less width than
proposed, within 350 feet of the site on the street. Larger minimum side yard
setbacks may be required to balance the separation between adjacent
structures.
Secs. 44-75. Front yards.
Each dwelling and accessory structure in the R-1 residence district shall have a front yard
setback of at least 30 feet, but not more than 35 feet, except that:
a. If each of the lots next to an interior lot have dwellings, the minimum setback
shall be the setback of the adjacent dwelling closest to the street. The maximum
setback shall be the setback of the adjacent dwelling farthest from the street.
b. If subsection (a) of this section does not apply and there is a predominant
setback, a dwelling shall be no further forward and no more than five feet to the
rear of the predominant setback.
c. Regardless of subsection (a) or (b) of this section, if the council has approved a
setback waiver for a development, these setbacks shall apply. Approval of a
preliminary plat with building pads does not constitute approval of setbacks.
d. Regardless of subsection (a), (b), or (c) of this section, homeowners may add on
to their homes using the existing setback.
e. The director of community development may administratively allow a different
setback if it would not adversely affect the drainage of surrounding properties
and if any of the following conditions apply:
i. The proposed setback would not affect the privacy of adjacent homes.
ii. The proposed setback would save significant natural features as
identified in Article V Environment and Natural Resources.
iii. The proposed setback is necessary to meet city, state or federal
regulations, such as the pipeline setback or noise regulations.
iv. The proposed setback is necessary for energy-saving, health or safety
reasons.
Secs. 44-76. Side yards.
(1) In the R-1 residence district, there shall be a side yard setback of at least ten feet to any
covered part of a dwelling. There shall be a side yard setback of at least five feet to a garage,
uncovered structure, or a detached accessory structure. The following exceptions shall apply:
a. The front yard setback requirements shall apply to the side yard on the street
side of a corner lot.
b. When two or more adjoining lots are used as a single building site, the side yard
requirements shall apply only to the outside lot lines.
c. Regardless of subsections (a) and (b) of this section, homeowners may add on to
their homes using the existing setback.
(2) The city council may approve a conditional use permit to construct a building addition
into a minimum setback.
Secs. 44-77. Rear yards.
(1) For the covered parts of a dwelling in the R-1 residence district, the minimum required
rear yard setback shall be a line connecting a point on each side lot line that is 20
percent of the lot depth.
(2) Accessory structures and uncovered structures shall have a rear yard setback of at least
five feet, except that on a double-fronting lot, the front yard setback requirements shall
apply.
(3) A corner lot shall have only one rear lot line.
(4) Regardless of subsections (1) through (3) of this section, homeowners may add on to
their homes using the existing setback.
(5) The city council may approve a conditional use permit to construct a building addition
into a minimum setback.
Secs. 44-78. Building separation requirement.
In an R-1 residence district, separation between an accessory structure and a principal
structure or another accessory structure shall be in conformance with building code
requirements.
Secs. 44-79. Building width and foundation requirements.
(1) The minimum building width on any side in an R-1 residence district shall be at least 21
feet. The building width shall not include entryways or other appurtenances that do not
run the full depth of the building.
(2) All buildings shall provide a permanent foundation with perimeter frost footings or a
floating slab that meets the state building code.
Secs. 44-80. Dwelling orientation on interior lots.
(1) In an R-1 residence district, the front of a dwelling on an interior lot shall face a public
street, unless the dwelling does not have an apparent front side. The front is generally
the longer side of the building and has a front door. The front wall may have up to a 30-
degree angle from the street line. If the front wall has an angle, the city shall use the
longest section to determine the allowed angle from the street line. This section shall not
apply to corner lots. The director of community development may administratively allow
a different orientation if it would not adversely affect the drainage of surrounding
properties and if any of the following conditions apply:
a. The proposed orientation would not affect the privacy of adjacent homes.
b. The proposed orientation would save significant natural features as identified in
Article V Environment and Natural Resources.
c. The proposed orientation is necessary to meet city, state or federal regulations,
such as the pipeline setback or noise regulations.
d. The proposed orientation is necessary for energy-saving, health or safety
reasons.
Secs. 44-81. Maximum building area.
Building area in an R-1 residence district shall not cover more than 30 percent of the area of
a lot. The city council may approve a larger building area if it finds that it would not affect the
character of the neighborhood.
Secs. 44-82—44-90. Reserved.
DIVISION 5. R-1(R) RURAL CONSERVATION DWELLING DISTRICT
Secs. 44-91. Purpose and intent.
(1) The City of Maplewood finds that there is a direct link between the natural systems and
character that exists throughout certain areas of the community. The requirements of
this R-1(R) rural conservation dwelling district are meant to preserve and enhance the
ecological/aesthetic character by providing incentives that: 1) reinforce and establish
ecological connections throughout the city; 2) protect and enhance drainageways and
water quality; 3) protect and enhance ecological communities; 4) preserve and improve
vistas; and 5) preserve or reinterpret local historical landmarks.
(2) To allow for and to protect a semi-rural, residential lifestyle, the city creates the R-1(R)
rural conservation dwelling district is intended to encourage conservation-based
development. This zoning district is for the areas of Maplewood that are not suitable for
suburban or tract development because of topography, vegetation or other factors that
make the area unique. The city finds the most suitable use of these areas is single
dwellings on large lots, but is interested in protecting the natural resources and will
encourage developments to follow the conservation principles and initiatives identified in
subsequent sections of this division. To further support the rural quality of the area, the
density calculations in the R-1(R) rural conservation dwelling district shall be calculated
on a net-acre basis which is further described in subsection 44-100(1)c of this division.
Low-density residential development and conservation development will lessen grading
and soil erosion and will help protect groundwater, vegetation, ecological communities
and wooded areas.
Secs. 44-92. Height of buildings.
The maximum height of a single-family dwelling shall be 35 feet.
Secs. 44-93. Lot dimensions, lot area, width requirements, and side yards.
(1) No person shall build a single unit dwelling on a site less than 87,120 square feet (two
acres) in area; unless the conservation design principles are applied as described in
Section 44-98.
(2) Each lot or parcel shall have enough area or usable space for a house, driveway, and if
needed, a well and individual sewage treatment system (ISTS) with a primary and
secondary site or an acceptable design and plan for a community septic system or
regional sewer.
(3) Table 44-93-1 table identifies the minimum lot area and lot width based on the
conservation tiers:
Table 44-93-1 Minimum Requirements for R-1(R)
(4) Each interior lot shall have at least 80 feet of frontage on an improved public street.
(5) Each corner lot or parcel shall have at least 80 feet of frontage on each of the public
streets.
(6) Each dwelling and any accessory structure(s) shall have side yard setbacks as defined
in table 44-93-1 and shall be measured from the property line to the structure. The
following exceptions to this standard shall apply:
a. The side yard on the street side of a corner lot shall have a width of at least 30
feet.
b. When a property owner uses two or more adjoining lots as a single-building site,
the side yard requirements shall apply only to the outside lot lines.
Secs. 44-94. Front yards.
(1) Each dwelling and any accessory structure(s) shall have a front yard setback as defined
in table 44-93-1. Except that:
a. If each of the lots next to an interior lot has a dwelling, the minimum setback shall
be the setback of the adjacent dwelling closest to the street. The maximum
setback shall be the setback of the adjacent dwelling farthest from the street.
b. If subsection (1)a above does not apply and there is a predominant setback, a
dwelling shall be no further forward and no more than five feet to the rear of the
predominant setback.
c. Regardless of the above, if the city council has approved setback waiver for a
development, those setbacks shall apply. City approval of a preliminary plat with
building pads does not constitute approval of setbacks exceptions.
d. Regardless of the above, homeowners may add on to their homes using the
existing setback.
e. In all cases, the accessory structures shall be no closer than the principle
structure, unless allowed by the city council through a waiver.
(2) The director of community development may administratively allow a different front yard
setback if the proposed setback would not adversely affect the drainage of surrounding
properties and if any of the following conditions apply:
a. The proposed setback would not affect the privacy of adjacent homes.
b. The proposed setback would save significant natural features as identified in
Article V Environment and Natural Resources.
c. The proposed setback is necessary to meet city, state or federal regulations,
such as pipeline setback or noise regulations.
d. The proposed setback is necessary for energy saving, health or safety reasons.
Secs. 44-95. Rear yards.
(1) Single unit dwellings shall have a rear yard setback of at least 20 percent of the lot
depth.
(2) Accessory buildings shall have a rear yard setback of at least 30 feet.
Secs. 44-96. Minimum foundation areas; room requirements.
(1) The minimum foundation area shall be at least:
a. A one-story dwelling, 950 square feet.
b. A one-and-one-half-story dwelling, 720 square feet.
c. A bi-level dwelling, 816 square feet.
d. A tri-level dwelling, 765 square feet.
e. A two-story dwelling, 528 square feet.
(2) Room size and number shall be consistent with the standards of the International
Residential Code.
Secs. 44-97. Building width requirements.
The minimum building width on the primary frontage shall be at least 21 feet. The building
width shall not include entryways or other appurtenances that do not run the full depth of the
building.
Secs. 44-98. Definitions and conservation principles.
(1) The conservation principles in the following table shall represent the conservation
incentives for this division. The definitions of each principle follow the table. All
incentives, and subsequent conservation bonuses as described in table 44-100-1 shall
only be granted if they exceed the minimum standards set forth in the existing city
ordinances that relate to environmental protection as identified in, but are not limited to,
Chapters 12 and 44.
(2) It shall be noted that the city has several ordinances that control and define natural
resources and environmental quality, in all cases, the more restrictive ordinance shall
apply and it is the developer's responsibility to discuss any issues or questions regarding
the applicable ordinances with the city planner.
(3) The developer shall be aware that the conservation principles shall be subject to the
recommendations of the city staff, applicable commissions, planning commission and
ultimate approval by the city council. As stated in Section 44-99, the developer shall be
required to work closely with these bodies to develop a plan that supports the goals and
objectives for the R-1R district. Without council approval, the developer will be entitled to
a base entitlement of one unit per two acres with a 2.0-acre-lot minimum.
(4) In all cases, the developer shall receive a conservation bonus as described in table 44-
100-1 only if the development integrates the conservation principle as a dominant theme
throughout the proposed development. This shall be required of all proposed
conservation principles. The city's objective is to maintain the rural quality of the R-1R
district and encourage conservation principles and development in the city's areas with
natural resource quality.
(5) Table 44-98-1 identifies the conservation principles that may qualify for density
incentives. The table is categorized into two groups: group A - natural characteristics
and group B - design characteristics. The developer shall be required to present a
diverse set of conservation principles for a site. Additionally, the developer is
encouraged to use a mix of conservation principles and may not duplicate principles and
receive a density incentive in exchange. For example, if the developer proposes to
preserve a large wooded area and consequently preserves an important stand of oak
trees, the developer will receive the density incentive for one conservation principle not
two.
a. Table 44-98-1 Conservation Principles for Density Incentives
(6) Group A: Natural characteristics.
a. The following conservation principles are defined for this division as natural
characteristics because they directly apply specifically to naturally occurring
characteristics on a site. The principles are presented in alphabetical order.
i. Additional shoreline buffers: Beyond those already identified in the
shoreland overlay district, the creation and plan for permanent protection
of protective buffers around those areas which are more sensitive to the
negative impacts of development, especially areas that are defined as
bluffs or steep slopes, where critical habitat may dwell, near historic tree
clusters or heritage trees, et cetera, for which the additional buffers may
vary or be averaged near the location of protection importance.
ii. Additional stormwater management: The city has existing stormwater
management policies, but there is opportunity to further improve the
stormwater management on a site. The developer shall be given a
conservation bonus for a stormwater management plan and
implementation that exceeds the city's existing policy.
iii. Creek restoration management: Restoration projects that the city believes
would assist in the restoration of the stream or natural creek that
compensate for the loss of past uses of the watershed due to
contamination, erosion and other influences or issues. Specific types of
projects proposed for implementation as part of a development plan
would be those that enhance habitat, water quality, and flow regime such
as stormwater management, stream channel stabilization or greenways
by implementing conservation easements, or additional buffers in riparian
corridors.
iv. Dedicate 50 percent open space: Open space is defined as public or
publicly-held land that is generally natural in character and contains
relatively few human-made structures. The developer can achieve a
conservation bonus for dedication of 50 percent of a site to open space.
The open space dedication must be developable or have buildable
qualities in order to achieve this principle. This conservation principle will
be mandatory to achieve the full density allocation.
v. Enhance/preserve large wooded areas or forest: An act of deliberately
avoiding the removal of clusters of structurally healthy mature trees and
understory trees which are native to the area and noninvasive, individual
heritage trees which are structurally healthy and greater than 20-caliper
inches in order to protect the present or future value for their use in
protection from erosion, for their landscape and aesthetic value, for their
use in screening development or for other environmental or intrinsic
benefits. To meet this standard, the developer must prepare a health
assessment of the trees on site, and must show a polygon area on the
site with permanent protection plan, that the developer shall implement,
for the areas to be preserved and a management plan including removal
of invasive species on the site.
vi. Enhance wetlands, create a comprehensive wetland management plan
(CWMP): A plan to resolve development and protection conflicts where
wetlands affect a significant portion of a community. The plan
encompasses the identification, study, and evaluation of wetland
functions and community values, and development needs and
investments with regard to wetlands protection, enhancement and
regulation. The applicant shall be required to create a plan, that the
developer shall implement, that exceeds the standards of the adopted
wetland ordinance.
vii. Prairie restoration: After performing a historical analysis to determine pre-
settlement conditions, prepare a plan for prairie restoration with a specific
management strategy that the developer shall implement, over the course
of five years in order to assure that the prairie establishes. This plan shall
be submitted and approved by the city's natural resource coordinator to
determine if it meets this requirement and subsequently qualifies for the
conservation bonus.
viii. Slope buffer preservation: A development plan that deliberately avoids
placing any lots in the buffer area of a slope exceeding 12 percent or as
described in the city's slope ordinance Section 44-1238 and in Article V
Environment and Natural Resources. The developer shall establish a
buffer with permanent protection to demonstrate how the buffer and slope
is protected and the purpose of the protection measures and how it
exceeds the current slope ordinance requirements. A conservation bonus
will be given for those plans that exceed the standards identified in the
current steep slopes ordinance.
ix. Tree preservation: Through means of a tree inventory, identifying the
most significant trees on a site and permanently protecting them. The
developer shall be required to present a plan for protection of these trees,
and will be required to demonstrate how these trees will be integrated as
a key component of the development.
(7) Group B: Design characteristics.
a. The following conservation principles relate to the design of a project or of a site.
The principles are presented in alphabetical order.
i. Clustering: A design technique that groups housing or development sites
in a manner that allows for the conservation and preservation of open
spaces such as farmland, natural areas, including habitat areas and open
vistas.
ii. Create/develop trail connections: A plan that illustrates the development
of trails that are indicated on the parks, trails and open space plan map
as part of the subdivision process, whether active or passive in nature,
with an emphasis on creating trail connections to existing trails. A
conservation bonus will be given for the development and construction of
the trail not for the land dedication which will be considered part of the
city's park accessibility charges.
iii. Create passive parks: An area set aside through the development
process that is environmentally sensitive and may or may not be
developable. These parks may support passive uses such as walking
trails, boardwalks and nature observation areas, but some areas may be
too environmentally sensitive to accommodate any public access. A
conservation bonus will only be given for passive dedication areas that
are permanently protected and that are dedicated to a public entity.
iv. Energy efficiency: Using the Minnesota Greenstar Program, develop
energy efficient and Greenstar-rated projects and buildings. A
conservation bonus will be given when the developer utilizes the program
to create a "theme" in a development and uses the Greenstar and
conservation principles in marketing the project.
v. Historic preservation: Identifying and protecting through permanent
means, any historically significant areas on a specific site. If historical
preservation is proposed as a conservation principle, the city's historical
preservation commission shall review and provide recommendations to
the city council regarding this principle. To reinforce the historical quality,
a signage plan shall be included to clearly communicate the historical
significance of the area or artifact.
vi. LEED certified buildings/development (three practices per structure): A
national set of standards for buildings and neighborhoods that focuses on
the principles of green building, smart growth, sustainability and healthy
living. The LEED for neighborhood development rating system provides
independent, third-party verification that a development's location and
design meet accepted high levels of environmentally responsible,
sustainable development. A conservation bonus will be given for a
minimum of three practices in the LEED standards certification criteria.
The conservation bonus shall only be given if the LEED standards are
applied to all structures throughout a development. Developers are
encouraged to seek LEED certification.
vii. Low impact development (LID): An ecologically friendly approach to site
development and stormwater management that aims to mitigate
development impacts to land, water and air. The approach emphasizes
the integration of site design and planning techniques that conserve the
natural systems and hydrologic functions of a site. In all cases, the
developer must minimize the impervious surface coverage to achieve low
impact development, and must be a minimum of five percent below the 30
percent coverage standard allowed. This must be accomplished in
conjunction with other LID techniques to achieve this principle. In order to
achieve this principle, the developer must demonstrate how they will
achieve these principles.
viii. Preserve and establish natural area greenways: The dedication,
maintenance or management of an area identified on the city's natural
areas greenway map. The natural area greenway is defined as large
contiguous areas of natural habitat that cross ownership boundaries.
ix. Vista shed/corridor preservation: A site plan or development pattern that
is designed specifically to protect an area on or near the development site
that is viewed as integral to protecting the sense of place, whether the
features in the vista are cultural, historical or natural or whether they are
viewed from the street or within the development site.
Secs. 44-99. Application requirements and procedures.
The developer shall follow the steps outlined below as part of the development review
process. The developer shall be required to review the contents of this division and prepare a
plan consisting of written and visual documents to support the proposed development.
a. The developer shall review this division and available natural resource data. The
intent is to establish the property's ecological connections both within Maplewood
and as part of the regional ecological system. If the developer chooses not to use
a conservation approach, the developer may develop at the base entitlement of
one (1) unit per two (2) acres of land and skip to step (e). If the developer is
interested in additional units and smaller lot sizes, then the developer shall follow
steps (b)—(e).
b. The developer shall prepare and submit a natural resources evaluation of the
site, including all of the following elements. This step is in preparation for meeting
with the city planner and should be completed prior to developing a concept plan:
i. Tree survey, including all significant individual trees greater than six
inches in diameter, and stands of trees, identifying tree species and size.
ii. Wetland inventory, including delineation reports; and MnRAM verification.
iii. Topographic survey indicating existing drainage patterns. This shall
include one-foot contours for steep slope areas to better understand
where the top and bottom of the slopes are for preservation and
placement.
c. The developer shall set up a meeting with the city planner to discuss and
establish the intent and goal for the subdivision. The process shall include a
discussion regarding the appropriate conservation principles as identified in table
44-98-1 for the specific site and shall be based on the preliminary natural
resource information collected in step (b). The principles utilized to achieve
higher densities on a site must be reviewed and recommended by the city staff,
planning commission and approved by the city council. The conservation
principles and corresponding conservation bonuses are shown in table 44-100-1
d. The developer shall create a concept plan that includes the following information:
i. A base yield plan, which demonstrates the number of allowed lots as
determined by the base entitlement of one unit per two acres.
ii. A description of the conservation principles that are used and the
corresponding conservation bonus and unit count as the developer
understands it. This shall also include information and data that supports
how the concept plan addresses the conservation principle and how the
plan meets and exceeds the standards of the city's existing natural
resource ordinances.
iii. A graphic that demonstrates generally how the lots would be laid out and
the unit types proposed as part of the development.
iv. A narrative that describes the conservation principles used in the concept
plan and supporting data demonstrating how the concept meets the
standards of existing ordinances, and data demonstrating how the
concept plan exceeds them.
v. The developer shall submit, with their concept plans, data and reports
related to the conservation principles performed by a reputable ecologist
or ecological firm. The city shall reserve the right, if needed, to hire their
own ecological expert at the cost of the developer to verify and further
understand the plans submitted by the applicant/developer.
vi. Submit copies of items i. through iv. for informal or nonbinding comments
by city staff, planning commission and city council. Each body will provide
feedback and recommendations to the developer so the developer
understands the changes they need to make moving forward to the
preliminary plat. It will be up to the city council to make the final decision
with respect to the implementation of the conservation principles and final
density of a project.
e. After the concept plan review, the developer shall take and integrate the
recommendations and prepare a preliminary plat and final plat submittal in
accordance with Section 34-5 of the subdivision ordinance.
f. A full developer's agreement as well as any necessary agreements that
document the conservation principles and how they will be upheld will be
required as a part of any final plat approval. This shall also include, if applicable,
any dedication or transfer of property for the purpose of permanent conservation
which shall be completed prior to final plat approval or the issuance of any
building permit.
Secs. 44-100. Conservation bonus standards.
The following conservation bonuses shall be rewarded based on the number of conservation
principles (as identified in table 44-98-1) integrated within a development. The conservation
principles and their application must be agreed to by both the developer and the city.
a. Conservation bonus is defined as the additional allotment of a lot or lots as
determined by the number of conservation principles met. Conservation bonus is
also commonly referred to as a density bonus.
b. The units obtained through the conservation bonus calculation shall always be
rounded down to the nearest whole number.
c. The density and number of units shall be calculated on a net area basis. Net
density shall be defined as the number of dwelling units per acre exclusive of
arterial streets and rights-of-way, steep slopes (in excess of 18 percent),
wetlands and water features, and other publicly dedicated improvements such as
parks.
d. The following table identifies the baseline entitlement for all property zoned R-1R
of 0.5 units per acre. All conservation bonuses are cumulative and the
percentage bonus calculated as such.
Table 44-100-1 Conservation Bonus Allotment for Conservation Principles.
Secs. 44-101—44-110. Reserved.
DIVISION 6. RE RESIDENCE ESTATE DISTRICT
Secs. 44-111. Purpose and intent.
The intent of the RE residence estate district is to protect and enhance the character of
single-family neighborhoods, where lots are generally larger than required in R-1 residence
districts (single dwelling).
Secs. 44-112. District standards.
(1) Minimum lot area. The minimum lot area in an RE residence estate district shall be
determined by the city council at the time of rezoning, but shall be limited to 20,000,
30,000, or 40,000 square feet. The council shall base its decision on the character of
developed lots within an existing neighborhood or on the desired character of lots in an
undeveloped area. Minimum lot area requirements shall be designated on the zoning
map in each RE district's title, e.g., RE (30), standing for a minimum lot area of 30,000
square feet. Once established, any request to change a district's minimum lot area
requirement shall be processed as a request for rezoning.
(2) Minimum lot width at building setback line. The minimum lot width at the building setback
line shall be as follows:
District Title Minimum Lot Width (feet)
RE (20) 100
RE (30) 120
RE (40) 140
(3) Minimum setbacks. Minimum setbacks shall be as follows:
a. Within RE districts, the following minimum building setbacks for dwellings,
accessory buildings and driveways shall apply:
District Title Side Yard Setback (feet)
RE (20) 15
RE (30) 20
RE (40) 25
i. All other setbacks shall be as required for the R-1 residence district
(single dwelling), except that the R-1 front yard setback requirements
shall not apply to the RE (40) district. The minimum required front yard
setback in an RE (40) district shall be 30 feet.
(4) Maximum building height. No single dwelling in an RE residential estate district shall
exceed a height of 35 feet, unless the city council approves a conditional use permit.
(5) Effect of rezoning. Legally buildable lots before the rezoning to an RE zone shall be
considered buildable after rezoning to an RE zone.
Secs. 44-113—44-120. Reserved.
DIVISION 7. R-1S SMALL-LOT SINGLE-DWELLING DISTRICT
Secs. 44-121. Purpose and intent.
The purpose of the R-1S, small-lot single-dwelling district, is to provide for single unit
detached dwelling units and directly related complementary uses with lots that are smaller in
scale than the R-1 residence district.
Secs. 44-122. Applicability.
This division applies to all lots in the R-1S small-lot single-dwelling district.
Secs. 44-123. Height of buildings.
No single dwelling in the R-1S small-lot single-dwelling district shall exceed a height of 35
feet, unless the city council approves a conditional use permit.
Secs. 44-124. Lot area and width; sewer requirements.
(1) In the R-1S small-lot single-dwelling district, no person shall build a single-family
dwelling on a site less than 7,500 square feet in area.
(2) No person shall build a single-family dwelling on a lot with less than 60 feet of width for
an interior lot or 85 feet of width for a corner lot.
(3) No person shall build a single-family dwelling unless a public sanitary sewer is available.
Secs. 44-125. Front yards.
(1) Each dwelling and accessory structure in the R-1S small-lot single-dwelling district shall
have a front yard setback of at least 30 feet, but not more than 35 feet, except that:
a. If each of the lots adjacent to an interior lot have dwellings, the minimum setback
shall be the setback of the adjacent dwelling closest to the street. The maximum
setback shall be the setback of the adjacent dwelling farthest from the street.
b. If subsection (1)a of this section does not apply and there is a predominant
setback, a dwelling shall be no further forward and no more than five feet to the
rear of the predominant setback.
c. If the council has approved setback waivers for a development, these setbacks
shall apply. Approval of a preliminary plat with building pads does not constitute
approval of setbacks.
d. Regardless of subsections (1)a through (1)c of this section, homeowners may
add on to their homes using the existing setback.
(2) The director of community development may administratively allow a different setback if
it would not adversely affect the drainage of surrounding properties and if any of the
following conditions apply:
a. The proposed setback would not affect the privacy of adjacent homes.
b. The proposed setback would save significant natural features as identified in
Article V Environment and Natural Resources.
c. The proposed setback is necessary to meet city, state or federal regulations,
such as the pipeline setback or noise regulations.
d. The proposed setback is necessary for energy-saving, health or safety reasons.
Secs. 44-126. Side yards.
(1) In the R-1S small-lot single-dwelling district, there shall be a side yard setback of at least
ten feet to any covered part of a dwelling. There shall be a side yard setback of at least
five feet to a garage, uncovered structure or detached accessory structure. The following
exceptions shall apply:
a. The front yard setback requirements shall apply to the side yard on the street
side of a corner lot.
b. When two or more adjoining lots are used as a single building site, the side yard
requirements shall apply only to the outside lot lines.
c. Regardless of subsection (1)a and (2) of this section, homeowners may add on
to their homes using the existing setback.
(2) The city council may approve a conditional use permit to construct a building addition or
part thereof into a minimum setback.
Secs. 44-127. Rear yards.
(1) For the covered parts of a dwelling in the R-1S small-lot single-dwelling district, the
minimum required rear yard setback shall be a line connecting a point on each side lot
line that is 20 percent of the lot depth.
(2) Accessory structures and uncovered structures shall have a rear yard setback of at least
five feet, except that on a double-fronting lot, the front yard setback requirements shall
apply.
(3) A corner lot shall have only one rear lot line.
(4) Regardless of subsections (a) through (c) of this section, homeowners may add on to
their homes using the existing setback.
(5) The city council may approve a conditional use permit to construct a building addition
into a minimum setback.
Secs. 44-128. Minimum foundation areas; room requirements.
(1) The minimum foundation area in the R-1S small-lot single-dwelling district shall be at
least:
a. A one-story dwelling, 950 square feet.
b. A 1½-story dwelling, 720 square feet.
c. A bilevel dwelling, 816 square feet.
d. A trilevel dwelling, 765 square feet.
e. A two-story dwelling, 528 square feet.
(2) Room size and number shall be consistent with Uniform Building Code standards.
Secs. 44-129. Building width requirements.
In the R-1S small-lot single-dwelling district, the minimum building width on any side shall be
at least 21 feet. The building width shall not include entryways or other appurtenances that do
not run the full depth of the building.
Secs. 44-130. Exterior design approval.
The exterior design and appearance of all single-family homes in the R-1S small-lot single-
dwelling district must be approved by the director of community development as required in
Section 2-287.
Secs. 44-131. Dwelling orientation.
In the R-1S small-lot single-dwelling district, the front of a dwelling on an interior lot shall
face a public street, unless the dwelling does not have an apparent front side. The front is
generally the longer side of the building and has a front door. The front wall may have up to a
30-degree angle from the street line. If the front wall has an angle, the city shall use the longest
section to determine the allowed angle from the street line. This section shall not apply to corner
lots. The director of community development may administratively allow a different orientation if
it would not adversely affect the drainage of surrounding properties and if any of the following
conditions apply:
a. The proposed orientation would not affect the privacy of adjacent homes.
b. The proposed orientation would save significant natural features as identified in
Article V Environment and Natural Resources.
c. The proposed orientation is necessary to meet city, state or federal regulations,
such as the pipeline setback or noise regulations.
d. The proposed orientation is necessary for energy-saving, health or safety
reasons.
Secs. 44-132. Maximum building area.
Building area in the R-1S small-lot single-dwelling district shall not cover more than 30
percent of the area of a lot. The city council may approve a larger building area if it finds that it
would not affect the character of the neighborhood.
Secs. 44-133—44-140. Reserved.
DIVISION 8. R-2 RESIDENCE DISTRICT (DOUBLE DWELLING)
Secs. 44-141. Purpose and intent.
The intent of the R-2 residence district (double dwelling) is established to provide for the use
of two-unit and attached single unit dwellings together with appropriate accessory uses. The
purpose of this district is intended to provide for a housing type and arrangement that is
distinguished from the single-family detached dwellings and multifamily dwellings provided for
elsewhere in these regulations. The location of this district is further intended to provide a
transitional use between the single-unit detached dwelling districts and other districts which are
more intensive.
Secs. 44-142. Height of buildings.
In the R-2 residence district (double dwelling), no single unit dwelling or double dwelling
(duplex) shall exceed a height of 35 feet, unless the city council approves a conditional use
permit.
Secs. 44-143. Lot dimensions; sewer requirements; density.
(1) No two-unit dwellings shall be built or structurally altered in the R-2 residence district
(double dwelling) on a site less than 12,000 square feet in area.
(2) No single unit dwelling shall be built or structurally altered in an R-2 residence district
(double dwelling) on a site less than 7,500 square feet in area.
(3) The minimum lot width in an R-2 residence district for:
a. Single unit dwellings shall be 60 feet for interior lots and 85 feet for corner lots.
b. Double dwellings (duplex) shall be 85 feet for interior lots and 100 feet for corner
lots, except that the minimum lot width shall be 75 feet for lots that were in
existence and zoned R-2 prior to December 9, 1985 (the date the minimum lot
width was raised to 85 feet).
(4) No single unit or two-unit dwelling shall be built or structurally altered in an R-2
residence district (double dwelling) on any site, unless a public sanitary sewer is
available.
(5) The density in an R-2 residence district (double dwelling) shall not exceed the maximum
density permitted by the land use classification and people per unit designated in the
city's adopted comprehensive plan.
Secs. 44-144. Front yards.
(1) In the R-2 residence district (double dwelling), each dwelling and accessory structure
shall have a front yard setback of at least 30 feet, but not more than 35 feet, except that:
a. If each of the lots adjacent to an interior lot have dwellings, the minimum setback
shall be the setback of the adjacent dwelling closest to the street. The maximum
setback shall be the setback of the adjacent dwelling farthest from the street.
b. If subsection (1)a of this section does not apply and there is a predominant
setback, a dwelling shall be no further forward and no more than five feet to the
rear of the predominant setback.
c. If the council has approved setback waiver for a development, these setbacks
shall apply. Approval of a preliminary plat with building pads does not constitute
approval of setbacks.
d. Regardless of subsections (1)a through (1)c of this section, homeowners may
add on to their homes using the existing setback.
(2) The director of community development may administratively allow a different setback if
it would not adversely affect the drainage of surrounding properties and if any of the
following conditions apply:
a. The proposed setback would not affect the privacy of adjacent homes.
b. The proposed setback would save significant natural features as identified in
Article V Environment and Natural Resources.
c. The proposed setback is necessary to meet city, state or federal regulations,
such as the pipeline setback or noise regulations.
d. The proposed setback is necessary for energy-saving, health or safety reasons.
Secs. 44-145. Side yards.
(1) In the R-2 residence district (double dwelling), there shall be a side yard setback of at
least ten feet to any covered part of a dwelling. There shall be a side yard setback of at
least five feet to a garage, uncovered structure or detached accessory structure. The
following exceptions shall apply:
a. The front yard setback requirements shall apply to the side yard on the street
side of a corner lot.
b. When two or more adjoining lots are used as a single building site, the side yard
requirements shall apply only to the outside lot lines.
c. Regardless of subsections (1)a through (1)c of this section, homeowners may
add on to their homes using the existing setback.
(2) The city council may approve a conditional use permit to construct a building addition or
part thereof into a minimum setback.
Secs. 44-146. Rear yards.
(1) In the R-2 residence district (double dwelling), for the covered parts of a dwelling, the
minimum required rear yard setback shall be a line connecting a point on each side lot
line that is 20 percent of the lot depth.
(2) Accessory structures and uncovered structures shall have a rear yard setback of at least
five feet, except that on a double-fronting lot, the front yard setback requirements shall
apply.
(3) A corner lot shall have only one rear lot line.
(4) Regardless of subsections (1) through (3) of this section, homeowners may add on to
their homes using the existing setback.
(5) The city council may approve a conditional use permit to construct a building addition
into a minimum setback.
Secs. 44-147. Building separation requirement.
In an R-2 residence (double dwelling) district, separation between an accessory structure
and a principal structure or another accessory structure shall be in conformance with building
code requirements
Secs. 44-148. Minimum floor areas.
The minimum habitable floor area for each R-2 residence district (double dwelling) dwelling
units shall be at least: 580 square feet per efficiency or one-bedroom unit; 740 square feet per
two-bedroom unit; 860 square feet per three-bedroom unit; 1,040 square feet per four-bedroom
unit.
Secs. 44-149. Dwelling orientation.
In the R-2 residence district (double dwelling), the front of a dwelling on an interior lot shall
face a public street, unless the dwelling does not have an apparent front side. The front is
generally the longer side of the building and has a front door. The front wall may have up to a
30-degree angle from the street line. If the front wall has an angle, the city shall use the longest
section to determine the allowed angle from the street line. This section shall not apply to corner
lots. The director of community development may administratively allow a different orientation if
it would not adversely affect the drainage of surrounding properties and if any of the following
conditions apply:
a. The proposed orientation would not affect the privacy of adjacent homes.
b. The proposed orientation would save significant natural features as identified in
Article V Environment and Natural Resources.
c. The proposed orientation is necessary to meet city, state or federal regulations,
such as the pipeline setback or noise regulations.
d. The proposed orientation is necessary for energy-saving, health or safety
reasons.
Secs. 44-150. Maximum building area.
In the R-2 residence district (double dwelling), building area shall not cover more than 30
percent of the area of a lot. The city council may approve a larger building area if it finds that it
would not affect the character of the neighborhood.
Secs. 44-151—44-160. Reserved.
DIVISION 9. R-3 RESIDENCE DISTRICT (MULTIPLE DWELLING)
Subdivision I. In General
Secs. 44-161. Purpose and intent.
(1) The R-3 residence district (multiple dwelling) is intended to establish, preserve, and
enhance neighborhoods that accommodate a mix of townhouses and apartments.
(2) The R-3 residence district shall be further classified into the following subdistricts based
on the type of structure and number of units:
Classification Structure containing:
R-3A Apartment building with 3 to 17 units
R-3B Apartment building with more than 17 units
R-3C Townhouses
Secs. 44-162. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
a. Dwelling, multiple means a building on a lot, designed exclusively as a residence
for three or more families. Cross reference(s) – Definitions generally, § 1-2.
b. Dwelling, townhouse means a residence for one family that is attached to at least
two other residences, each with a private outside entrance and with no one unit
or major portion thereof directly above or below the other units. Cross
reference(s)—Definitions generally, § 1-2.
c. Dwelling, apartment means a building on a lot with side-by-side or stacked
dwelling units that typically share a common entrance.
Secs. 44-163. Standards for all R-3 subdistricts.
(1) The minimum habitable floor area for each dwelling shall be at least:
a. 580 square feet per studio or one-bedroom unit;
b. 740 square feet per two-bedroom unit;
c. 860 square feet per three-bedroom unit;
d. 1,040 square feet per four-bedroom unit.
e. The minimum habitable floor area for "independent" senior housing shall follow
the above room-size requirements.
f. The minimum habitable floor area for "assisted-living" and "memory-care" senior
housing shall not be less than that required by the Minnesota Department of
Health.
(2) At least 35 percent of the development shall be retained for and devoted to green area;
An adjustment may be allowed as an exception in connection with the administration and
application of density credits as identified in Section 44-164.
a. Where more than one principal use structure is constructed on the same or
contiguous lots, yard areas planned for common use by occupants of all dwelling
units may be counted in computing green area.
(3) All buildings shall be designed and constructed to have consistent architectural
treatment on all building walls to provide four-sided architectural design.
(4) All accessory or ancillary buildings, including garages and carports, shall be designed
and constructed to have a compatible exterior surface to the principal use building.
(5) A minimum of 120 cubic feet of storage space, in addition to normal closet space, shall
be made available for each multiple-dwelling unit in an R-3 residence district. Such
storage space shall be located in the same building as the dwelling unit or in the garage,
but shall not be considered as part of the habitable area of a dwelling unit. If located in
the garage, it shall be enclosed and shall not be part of the automobile parking area.
(6) An open parking stall shall be a minimum distance of 15 feet from a dwelling-unit
window.
(7) Where a garage or carport opens to a public street, the width of the driveway into that
public street shall not exceed 24 feet in width, and in no event shall a series of garages
open directly to that street. Where a series of garages face each other on a private road,
the minimum width separating garages shall be 30 feet in order to provide visibility in
backing out or turning around.
(8) All trash, recyclable materials, and associated handling equipment must be stored within
the principal structure or in a dumpster enclosure, attached or separate from the
principal structure, that is constructed of building materials compatible with the principal
structure. All containers shall be covered and maintained so as to be inaccessible to
insects, vermin or animals and shall be screened so as not to be visible from eye-level
height.
Secs. 44-164. Density.
(1) All multiple dwelling structures are subject to minimum area standards and shall not
exceed the maximum density permitted by the land use classification in the city's
adopted comprehensive plan.
(2) Additional density above the base density in the comprehensive plan may be allowed
using a density credit at the city's sole discretion.
(3) The following credits to density standards shall be allowed as follows:
a. Underground parking. The net acreage for calculating density may be increased
by 300 square feet for each parking space that is provided under the principal
structure or in some other manner underground, which will thereby permit use of
the grade level outside the building, or above such underground space, for other
building, open yard, or recreation space.
b. Green area. The net acreage for calculating density may be increased by 100
square feet where 25 percent of the entire development is reserved in one area
for recreation play area, or for open land, water or ponding areas, subject to
approval by the city council after consideration by the community design review
board.
c. Landscaping. The net acreage for calculating density may be increased by 100
square feet for each dwelling unit where one percent of the construction cost, not
including land cost, is allocated to the planting of trees. This does not apply to the
sodding or seeding of green areas.
d. High-rise. The net acreage for calculating density may be increased by 100
square feet for each dwelling unit above three stories. In order to qualify for this
credit, all floors must have elevator service. If this credit, when combined with
others available in subsections (1) through (3) of this section, results in a
reduction of yard or parking space area below that otherwise required by reason
of the dimensions and number of dwelling units in the structure, this credit shall
not be allowed.
Secs 44-165—44-180. Reserved.
Subdivision II. R-3A Multiple Dwellings
Secs. 44-181. Lot Area.
Except as otherwise modified or specified by terms of this chapter or because of variances
properly considered and allowed, the building site for any R-3A multiple dwelling shall consist of
an area of at least 15,625 square feet.
Secs. 44-182. Percentage for structure.
The area covered by the R-3A multiple dwelling shall not exceed 35 percent of the site area.
Secs. 44-183. Front yard requirements.
Each R-3A multiple dwelling shall have a front yard of not less than 30 feet in depth facing
any road or street. This setback shall apply to yards fronting on both streets where the building
is located on a corner lot.
Secs. 44-184. Side and rear yard requirements.
(1) The minimum side and rear yard setback requirements for an R-3A multiple dwelling
shall be 20 feet.
(2) Parking spaces, garages, carports, or like structures shall be set back no less than five
feet from a side or rear property line and no less than 15 feet from a public street right-
of-way.
Secs. 44-185. Setbacks increased.
(1) The minimum front, side and rear yard setbacks for an R-3A multiple dwelling shall be
increased, not to exceed 75 feet, by the most restrictive of the following requirements,
where the lot abuts a farm residence, residential estate, single dwelling, or double
dwelling zoning district:
a. Building height. The building setbacks shall be increased two feet for each one
foot the building exceeds 25 feet in height.
b. Exterior wall area. Where an exterior wall faces residentially zoned property, the
setback of the wall shall be increased five feet for each 1,000 square feet or part
thereof in excess of 2,000 square feet.
(2) A building addition which would encroach into a required setback may be approved by
conditional use permit, if such encroachment would be consistent with surrounding
property setbacks and screened in a manner acceptable to the community design review
board. At least 80 percent of the addition shall be screened from abutting residential
property.
(3) The requirements of this section shall not apply where the residentially zoned property is
being used or is designated on the city's land use plan for a nonresidential use.
Secs. 44-186. Height regulation.
No R-3A multiple dwelling shall exceed a height of 35 feet or three stories, unless the city
council approves a conditional use permit.
Secs. 44-187. Two or more structures on one site.
Figure 44-187-A illustrates separation requirements for buildings 36 feet in height or less
where two or more R-3A multiple-dwelling structures are to be erected on a single site:
a. No building shall be closer to another building than twice the vertical height of the
tallest building up to a maximum of 72 feet measured from grade, as shown with
dimension A in Figure 44-187-A that follows.
b. No building shall be closer to another building than 36 feet measured from grade.
Where both building elevations are windowless, this requirement may be reduced
by one-third, as shown with dimension B in Figure 44-187-A that follows.
c. No building shall be closer to another building than 20 feet measured from grade,
as shown with dimension C in Figure 44-187-A that follows.
Figure 44-187-A Required Building Separation
Secs 44-188—44-190. Reserved.
Subdivision III. R-3B Multiple Dwellings
Secs. 44-191. Minimum land area.
The minimum land area for any R-3B multiple dwelling is at least one acre, and the building
lot shall have a width of not less than 150 feet.
Secs. 44-192. Building area.
Building area for any R-3B multiple dwelling may not cover more than 35 percent of the
ground area.
Secs. 44-193. Front yard requirements.
The minimum front yard setback for an R-3B multiple dwelling shall be 30 feet. This
minimum setback shall be increased according to Section 44-185.
Secs. 44-194. Side and rear yard requirements.
(1) The minimum side and rear yard setbacks for an R-3B multiple dwelling shall be 20 feet,
unless the lot abuts a farm residence, residential estate, single-dwelling or double-
dwelling zoning district. In such case the minimum setback shall be increased according
to Section 44-185.
(2) Regardless of building height or external wall area, the side and rear yard setbacks shall
not be required to be greater than 75 feet.
(3) Side and rear yard requirements shall be as provided in Section 44-184.
Secs. 44-195. Height regulation.
(1) No R-3B multiple dwelling shall exceed a height of 35 feet or three stories, unless the
city council approves a conditional use permit.
Secs. 44-196. Two or more structures on one site.
Where two or more R-3B multiple-dwelling structures are to be erected on a single site, the
following requirements shall apply to such buildings exceeding 36 feet in height:
a. No building shall be closer to another building than twice the vertical height of the
tallest building up to a maximum of 100 feet measured from grade, as shown with
dimension A in Figure 44-194-A that follows.
b. No building shall be closer to another building than 36 feet, which distance shall
increase by one foot for each two feet of height in excess of 36 feet, up to a
maximum distance of 75 feet of separation measured from grade. Where both
building elevations are windowless, this requirement may be reduced by one-
third. Example: 44-foot-high buildings, B = 40 feet of separation. Refer to
dimension B in Figure 44-194-A that follows.
c. No building shall be closer to another building than 20 feet, which distance shall
increase by one foot for each four feet of height in excess of 36 feet, up to a
maximum distance of 40 feet of separation measured from grade. Example: 44-
foot-high buildings, C = 22 feet of separation. Refer to dimension C in Figure 44-
194-A that follows.
Figure 44-194-A Required Building Separation
Secs 44-197—44-220. Reserved.
Subdivision IV. R-3C Townhouses
Secs. 44-201. Front yard requirements.
Front yard requirements for R-3C multiple dwellings are 30 feet in depth facing any road or
street, except that these shall refer to the total site development requirements, and each
dwelling unit may be up to its particular property line with a garage or carport abutting a private,
not public, road.
Secs. 44-202. Side yard requirements.
As applied to the total development site, a side yard for an R-3C multiple dwelling shall be
no less than 20 feet in width.
Secs. 44-203. Rear yard requirements.
As applied to the total development site, the rear yard for an R-3C multiple dwelling shall be
a minimum of 20 feet in width.
Secs. 44-204. Minimum building separations.
The minimum separation between detached buildings for R-3C multiple dwellings shall be
as follows:
a. Dwelling to dwelling: 20 feet.
b. Dwelling to accessory building: ten feet.
c. Accessory building to accessory building: ten feet.
Secs. 44-205. Height regulation.
No R-3C multiple dwelling shall exceed a height of 35 feet or three stories, unless the city
council approves a conditional use permit.
Secs. 44-206—44-210. Reserved.
DIVISION 10. NC NEIGHBORHOOD COMMERCIAL DISTRICT
Secs. 44-211. Purpose and intent.
The intent of the N-C neighborhood commercial district is to preserve land for the use of
businesses that are compatible with adjacent residential land uses. Uses are limited to offices
and smaller retail uses that cater to convenience shopping. Pedestrian and bicycle access are
to be emphasized.
Secs. 44-212. Building design.
Buildings in an NC neighborhood commercial district shall be designed to be compatible
with their surrounding land uses. If more than one use is on a site, they shall be planned and
organized as a unit. Pedestrians should be able to walk between stores without crossing
vehicular traffic lanes. There shall be no exterior storage, other than a trash receptacle which
shall be screened as required by Section 44-19.
Secs. 44-213. Lot coverage.
For an N-C neighborhood commercial district, at least 15 percent of the site shall be
landscaped.
Secs. 44-214—44-220. Reserved.
DIVISION 11. CO COMMERCIAL OFFICE DISTRICT
Secs. 44-221. Purpose and intent.
(1) The CO commercial office district is established primarily to provide areas for the
development of professional and administrative offices, related uses together with
supportive, low-intensity commercial uses in locations in close proximity to residential
areas where such uses can conveniently serve the public, and to create a suitable
environment for such uses and buildings specially designed for their purposes, located
on sites large enough to provide room for appropriate separation of uses, landscaped
open spaces and off-street parking facilities.
(2) This district is intended to be located primarily on heavily traveled streets or adjacent to
commercial or industrial districts and is designed to lessen the impact of these uses on
residential areas.
Secs. 44-222—44-230. Reserved.
DIVISION 12. BC BUSINESS COMMERCIAL DISTRICT
Subdivision I. BC Limited Business Commercial District
Secs. 44-231. Purpose and intent.
The BC business commercial district is established to provide an environment of retail sales
and commercial services that are larger in scale than allowed in the NC District and to allow a
broader range of automobile related uses.
Secs. 44-232—44-240. Reserved.
Subdivision II. LBC Limited Business Commercial District
Secs. 44-241. Purpose and intent.
The LBC limited business commercial district is intended to provide lower intensity
commercial areas focused on offices, medical clinics, and day care centers that support the
surrounding commercial districts and residential neighborhoods.
Secs. 44-242—44-250. Reserved
Subdivision III. BC(M) Commercial District (Modified)
Secs. 44-251. Purpose and intent.
The BC(M) business commercial district (modified) is intended to provide for the orderly
transition between more intensive commercial uses and low or medium density residential
areas. Restrictions on, but not limited to, building height, setbacks, orientation, parking lot
location, or location of building entrances may be required to ensure compatibility with abutting
residential uses.
Secs 44-252—44-260. Reserved.
DIVISION 13. SC SHOPPING CENTER DISTRICT
Secs. 44-261. Purpose and intent.
The SC shopping center district is intended to provide for retail and service centers which
deal directly with the customer for whom the goods or services are furnished. The uses allowed
in this district are to provide goods and services on a community market scale and located in
areas which are well served by collector or arterial street facilities.
Secs. 44-262—44-270. Reserved.
DIVISION 14. M-1 LIGHT MANUFACTURING DISTRICT
Secs. 44-271. Purpose and intent.
The purpose of the M-1 Light Manufacturing District is to provide for the establishment of
manufacturing, warehouse, repair, office, and related limited service uses. The M-1 Light
Manufacturing District is intended to include uses that may require limited outdoor and
vehicle/trailer storage but exclude more intensive industrial uses.
Secs. 44-272. Minimum distances for building and use from residential district.
No building or exterior use, except parking, may be erected, altered, or conducted within
350 feet of a residential district without a conditional use permit.
Secs. 44-273—44-280. Reserved.
DIVISION 15. M-2 HEAVY MANUFACTURING DISTRICT
Secs. 44-281. Purpose and intent.
The M-2 Heavy Manufacturing district is intended primarily for manufacturing, assembling
and fabrication activities, including large scale or specialized industrial operations whose
external effects may be felt in surrounding districts. The M-2 district is intended to permit the
manufacturing, processing and compounding of semifinished products from raw material and
prepared material.
Secs. 44-282. Minimum distances for building and use from residential district.
In the M-2 heavy manufacturing district, no building or exterior use, except parking, may be
erected, altered or conducted within 350 feet of a residential district without a conditional use
permit.
Secs. 44-283—44-290. Reserved.
DIVISION 16. MU MIXED-USE DISTRICT
Secs. 44-291. Purpose and intent.
The purpose of the mixed-use zoning district is to provide areas in the City of Maplewood
with a mixture of land uses, made mutually compatible through land use controls and high-
quality design standards. With this district, the City of Maplewood intends to promote the
redevelopment or development of an area into a mixed-use neighborhood with compact,
pedestrian-oriented commercial and residential land uses. The intent of the mixed-use zoning
district is to enhance viability within an area and foster more employment and residential
opportunities. The placement and treatment of buildings, parking, signage, landscaping and
pedestrian spaces are essential elements in creating the pedestrian-friendly and livable
environment envisioned by the city in a mixed-use area. To ensure these elements are
achieved, design standards are included in the district.
Secs. 44-292. Planned Unit Development.
Planned Unit Developments (PUDs), as provided in Section 44-321 through 44-322 are not
permitted in the MU district.
Secs. 44-293. Dimensional standards.
(1) Within the mixed-use zoning district, all setbacks shall be measured from the outlying
property line of a development and either a public right-of-way or from the edge of a
private road, whichever applies. The term "road" as used to define setbacks within the
mixed-use zoning district applies to public right-of-ways and private roads.
Table 44-293-1: Dimensional Standards in the Mixed-Use District
Use
Lot Size
Per
Unit
(square
feet)
Height
(feet)
Structure Setbacks
(feet)
Front Side Rear
Principal Use
Single-unit dwelling 7,260 351 20 to 25 52 152
Double dwelling
(duplex)/townhouse
dwelling
n/a 351 20 to 25 52 152
Apartment dwelling n/a 351 0 to 20 03 03
Residential and commercial
mixed use building
n/a n/a 0 to 10 03 03
Non-residential, including
structured parking
n/a n/a 0 to 10 03 03
Accessory Use
Accessory building
accessed from alley
n/a Per
Section
44-322
n/a 5 0 to 6
Accessory building not
accessed from alley
n/a Per
Section
44-322
20 to 25 5 5
1 No single-unit dwelling, double dwelling (duplex), townhouse dwelling or apartment
dwelling building shall exceed a height of 35 feet, or three stories, unless the city
council approves a conditional use permit.
2 When a mixed-use zoned single-unit dwelling, double-dwelling (duplex), or townhouse
dwelling adjoins the F, R-1, R-1(R), R-1(S) or R-2 zoning district, the greater of the
side and rear yard setbacks of the adjacent residential zoning district or a side yard
setback of ten feet and a rear yard setback of 20 feet shall apply.
3 The zero foot setback is allowed except as otherwise specified in the building code.
Side and rear yard setbacks of at least ten feet shall be required when a mixed-use
zoned commercial, residential and commercial mixed use building or apartment
dwelling use adjoins a mixed-use zoned single unit dwelling, double-dwelling (duplex),
or townhouse dwelling use. Side and rear yard setbacks shall be as specified in
subsection 44-20(c)(6)b. (additional design standards) when a mixed-use zoned
commercial, residential and commercial mixed use building, or apartment dwelling use
adjoins a F, R-1, R-1(R), R-1(S) or R-2 zoning district.
(2) The city council may increase maximum setbacks with approval of a conditional use
permit. The conditional use permit may only be approved if the applicant has
demonstrated on its site plan the intent of the mixed use zoning district is being met.
Secs. 44-294. Maximum density.
The density of the mixed-use zoning district shall not exceed the maximum density permitted
by the land use classification in the city's adopted comprehensive plan. Additional density may
be allowed per Section 44-164 Density. In addition, the net acreage for calculating density may
be increased by 300 square feet for each affordable dwelling unit, as defined by the
metropolitan council guidelines.
Secs. 44-295. Off-street parking.
Section 44-17 off-street parking of the City Code applies in the mixed-use zoning district
unless specified differently below:
a. Placement of surface parking:
i. Surface parking must be located to the rear of a principal building, or an
interior side yard if parking in the rear is impractical
ii. Surface parking must maintain a five-foot setback and a five-foot rear
yard setback, unless the surface parking adjoins the F, R-1, R-1(R), R-
1(S) or R-2 districts, in which case the required setback is 20 feet for both
the side yard and rear yard.
iii. Surface parking must maintain a ten-foot setback to a road when
constructed on the side or rear of a building on a corner lot.
iv. The city council may approve modifications to the surface parking
placement standard with a conditional use permit if a building has special
needs and site constraints or an increased building setback is also
approved. In these cases, there should be good pedestrian connections
between the sidewalk and building entrance, and the area in front of the
parking lot should be well landscaped.
Figure 44-295-A: Off Street Parking Locations in the Mixed-Use Zoning District
b. Amount of parking:
i. The minimum amount of required parking spaces shall be as specified in
Section 44-17 off-street parking.
ii. The maximum amount of surface parking spaces shall not exceed the
specified minimum by more than ten percent, or two spaces, whichever is
greater. If additional parking is desired, it must be placed underground,
within an enclosed building, or in a tuck-under garage.
iii. For retail, medical, service and office uses, if a transit shelter is provided
on site or immediately in front of the building, then the minimum required
number of parking spaces may be reduced by five percent but not to
exceed five parking spaces total.
iv. Shared parking. If approved by the community design review board, two
or more uses may provide required off-street parking spaces in a
common parking facility subject to the following conditions:
1. The total number of parking spaces provided may be less than the
sum of the spaces required for each use individually, provided that
such uses’ peak hours of operation are not during the same hours.
2. The proposed shared parking spaces must be within 500 feet of the
uses it will serve.
3. The shared parking must be established through a recorded legal
instrument, approved by the City Attorney and filed with the
Community Development Department.
v. In addition to the above-referenced allowances for parking reduction, the
city council may authorize other reduced off-street parking requests
through a waiver. The reduction must be based on proven parking data
for a specific development.
c. Parking space size:
i. 90-degree parking: 9 feet × 18 feet
ii. 45-degree parking: 8.5 feet × 18 feet
Secs. 44-296. Design standards.
(1) Application.
a. Section 44-20 (additional design standards) of the City Code applies to the
mixed-use zoning district unless specified differently below.
b. Mixed-use building and development remodeling/additions/alterations.
Remodeling, additions or other alterations to mixed-use buildings and
development (buildings and developments previously approved and built with
mixed-use design standards) shall be done in a manner that is compatible with
the original building or development. Original materials shall be retained and
preserved to the extent possible.
c. Nonconforming buildings and developments.
i. Additions to nonconforming buildings or developments (buildings or
developments built before mixed-use design standards) must be
constructed with materials required by this division if the addition
exceeds 25 percent of the floor area.
ii. Exterior remodeling or alterations to a nonconforming building or
development must be constructed with materials required by this
division.
iii. The director of community development (if administrative review is
required) or the community design review board (if design review is
required) may authorize an exception to allow the use of other materials
if the addition, remodeling or alteration is deemed to be minor in nature
and not visible from a public right-of-way.
(2) Porches and entries for residential dwellings and residential and commercial mixed-use
buildings.
a. Porches, steps, pent roofs, roof overhangs and hooded front doors or similar
architectural elements shall be used to define all primary residential entrances.
b. Decks shall be prohibited on all primary residential entrances.
c. Front porches must have a minimum depth of six feet clear. Porches may
extend six feet into the required setback.
(3) Residential garages for single-unit dwelling, double-dwelling (duplex), and townhouse
dwellings.
a. Attached garages must not be located in front of the primary façade and must
have architectural elements to minimize the impact of the garage door or be
recessed from the primary front façade (not including porches, bay windows or
other minor projections) by a minimum of eight feet.
b. Attached or detached garages which are placed in the rear yard must be
accessed by either an alley or a side-yard driveway.
(4) Non-residential or mixed-use buildings.
a. Pedestrian access. Each ground floor space with road frontage shall have its
primary entrance on the front façade. Additional entrances may be provided off
of a parking area or an access corridor.
b. Exterior building materials.
i. Exterior-building materials shall be classified primary, secondary or
accent material.
1. Primary materials shall cover at least 60 percent of all façades of
a building.
2. Secondary materials may cover no more than 30 percent of all
façades of a building.
3. Accent materials may include door and window frames, lintels,
cornices and other minor elements, and may cover no more than
ten percent of all façades of a building.
ii. Allowable materials are as follows:
1. Primary exterior building materials may be brick, stone or glass.
Bronze-tinted or mirror glass are prohibited as exterior materials.
2. Secondary exterior building materials may be decorative block or
stucco.
3. Synthetic stucco may be permitted as a secondary material on
upper floors only.
4. Accent materials may be wood or metal if appropriately
integrated into the overall building design and not situated in
areas that will be subject to physical or environmental damage.
iii. All primary and secondary materials shall be integrally colored with no
painted materials.
iv. The front façade building material changes shall not occur at external
corners (toward a public right-of-way or public open space), but may
occur at reverse or interior corners or as a return at least six feet from
external corners.
c. Building façade and articulation.
i. First floor height. The first floor shall be designed with a minimum ceiling
height of 12 feet.
ii. One-story buildings. One-story buildings taller than 18 feet in height shall
be architecturally detailed to simulate a two-story appearance.
iii. Articulation. Any exterior building wall adjacent to or visible from a public
right-of-way or public open space may not exceed 40 feet in width. New
buildings of more than 40 feet in width are allowed if the building wall is
divided into smaller increments, between 20 and 40 feet in width,
through articulation of the façade. Articulation of the façade can be
achieved through combinations of the following techniques and others
that may meet the objective:
1. Façade modulation - stepping back or extending forward a
portion of the façade.
2. Vertical divisions - using different textures or materials
(although materials should be drawn from a common palette).
3. Division into storefronts, with separate display windows and
entrances.
4. Variation in rooflines by alternating dormers, stepped roofs,
gables, or other roof elements to reinforce the modulation or
articulation interval.
5. Arcades, awnings, window bays, arched windows and balconies.
iv. Windows. Buildings containing office and retail uses shall maintain 40
percent minimum window coverage on the first floor that faces a road or
public open space.
d. Storage/service/loading. If an outdoor storage, service or loading area is visible
from adjacent residential uses, or a road or walkway; it shall be screened by a
decorative fence, wall or screen of plant material at least six feet in height.
Fences and walls shall be architecturally compatible with the primary structure.
(5) Awnings.
a. Awnings must be properly maintained, and if in poor repair must be repaired or
replaced in a timely manner.
b. Awnings may extend up to five feet over the public right-of-way, where
approved by the city, and must meet all building code requirements.
c. Metal awnings are prohibited unless the design of the awning is compatible with
the building, as determined by the director of community development (if the
awnings require administrative review) or the community design review board (if
the awnings require design review).
(6) Fences. Fences over four feet in height are prohibited in all front yards, except as
required for storage/service/loading.
(7) Mixed Use Exceptions. The director of community development (if administrative review
is required) or the community design review board (if design review is required) may
consider exceptions to the above-mentioned design standards if they uphold the
integrity of the guidelines and result in an attractive, cohesive development design as
intended by this section.
(8) Appeals. Appeals to the approved design conditions for a building or development are
permitted as specified in Section 2-285 (approval of plans).
Secs. 44-297. Landscaping.
Section 44-19 (landscaping and screening) of the City Code applies in the mixed-use zoning
district unless specified differently below:
a. Over story trees are required at regular intervals along the road to help define the
road edge, to buffer pedestrians from vehicles and to provide shade. The over
story trees shall be located in a planting strip at least five feet wide between curb
and sidewalk, or in a planting structure of design acceptable to the city.
b. All areas of land not occupied by buildings, parking, driveways, sidewalks or
other hard surface shall be sodded or mulched and landscaped with approved
ground cover, flowers, shrubbery, and trees.
c. Hard -surfaced areas, including sidewalks and patios, must include amenities
such as benches, planters, and bike racks.
d. Perimeter landscape or pedestrian walls are required for all parking lots and shall
be established along the road and edges of the parking lot. The landscape
treatment or pedestrian wall shall run the full length of the parking lot and be
located between the property line and the edge of the parking lot as follows:
i. The primary plant materials used in perimeter parking lot landscaping
adjacent the road shall be over story trees. Ornamental trees, shrubs,
hedges and other plant materials may be used to supplement the over
story trees, but shall not be the sole contribution to such landscaping.
ii. Perimeter parking lot landscaping along the rear and sides of a parking lot
(not adjacent the road) shall be planted with a minimum of 50 percent
ground cover approved by the city to achieve complete cover within two
years. Mulch may only be used around the base of the plant material to
retain moisture.
iii. In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian
wall along the perimeter of the parking lot may be constructed. The
pedestrian wall is limited to four feet in height, must be at least 80 percent
opaque and must be architecturally compatible to the principal building or
development.
e. For parking lots consisting of 20 or more spaces, interior landscape islands are
required. Interior landscape islands shall be at a rate of one landscape island for
every ten parking spaces. Landscaping areas located along the perimeter of a
parking lot beyond the curb or edge of pavement shall not be included toward
satisfying this requirement.
i. Landscape islands shall be a minimum of 144 square feet in area and
shall be a minimum of eight feet in width, as measured from back of curb
to back of curb.
ii. The landscape islands shall be improved as follows:
1. One overstory tree with a trunk size a minimum of two-and-one-half
inches in caliper shall be provided for every landscape island.
2. A minimum of 50 percent of every landscape island shall be planted
with an approved ground cover in the appropriate density to achieve
complete cover within two years. Mulch may only be used around the
base of the plant material to retain moisture.
Secs. 44-298. Outdoor Lighting.
All outdoor lighting shall be of a design and size compatible with the building and as
specified in subsection 44-20, except that light pole height maximum is limited to 16 feet.
Secs 44-299-44-300. Reserved.
DIVISION 17. NE NORTH END DISTRICT
Secs. 44-301. Purpose.
The purpose of the NE North End District is to enable expansion of the north end area's role
as a local and regional economic activity center for purposes of obtaining goods and services,
wellness, work, recreation, socialization, learning, and living. The zoning district accommodates
and regulates:
a. New development and redevelopment site opportunities appropriate for an
evolving transit-oriented environment to support planned transit improvements
and investments within the north end area;
b. Development of a significantly expanded and connected transportation network
within the north end area, including adding streets to create a smaller street grid
and smaller blocks, expanding the pedestrian/bicycle network (sidewalks, trails,
bike facilities, pedestrian-friendly street crossings), and enabling convenient
multi-modal travel;
c. New and improved public green spaces (neighborhood parks, pocket parks, and
greenways), usable private open spaces, and an improved tree canopy along
streets;
d. A broad mix of integrated land uses, including commercial (retail, services,
restaurants, and entertainment), medical and related office, residential, and
lodging;
e. Management of overall parking needs for future development types and the
future enhanced transportation facilities, including the reduction of surface
parking lots, increase of on-street parking, and addition of structured parking in
conjunction with development.
f. All new development and redevelopment that meets the guidance and vision
established within the comprehensive plan and North End Vision Plan.
Secs. 44-302. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
a. Block means an area of land surrounded on all sides by streets or other
transportation or utility rights-of-way, or by physical barriers such as bodies of
water or public open spaces.
b. Build-to zone means the minimum and maximum distance a structure may be
placed from a lot line.
Figure 44-302-A: Build-to Zone
c. Street frontage means the building and yard area facing and directly adjacent to
a street right-of-way line.
d. Street frontage coverage (lot line coverage) means the calculation of the width of
a building within the build-to zone divided by the lot width minus the minimum
side yard setbacks.
Figure 44-302-B: Street Frontage Coverage
Secs. 44-303. Applicability.
(1) These regulations shall apply to all subdivision, new development, and redevelopment of
land located in the NE North End District on the city's zoning map as regulated by
Section 44-10.
(2) Regulating plans.
a. The NE North End District shall be implemented through regulating plans:
i. North End District Street Network and Types.
ii. North End District Open Space Network and Types.
b. The North End District Street Network and Types regulating plan establishes the
district's future street network, street types, and the development form
appropriate to each street type. The North End District Street Network and Types
regulating plan is shown in figure 44-303-A.
Figure 44-303-A: Regulating Plan: North End District Street Network and Types
c. The North End District Open Space Network and Types regulating plan
establishes the district's future parks and open space network, showing general
locations of future park and open space needs. The North End District Open
Space Network and Types Regulating Plan is shown in Figure 44-303-B.
Figure 44-303-B: Regulating Plan: North End District Open Space Network and
Types
(3) Street types. As shown on the North End District Street Network and Types regulating
plan (figure 44-303-A): Four street types are established for the north end district. These
types are applicable to existing streets and will be applied to future streets. Alignment of
future streets has not been determined; the regulating plan shows the general location of
future streets and extensions.
a. Minor arterials/major collectors - public roadways.
i. Beam Avenue (County Road 20).
ii. White Bear Avenue (County Road 65).
iii. County Road D.
b. Local connectors - public roadways.
i. Kennard Street.
ii. Southlawn Drive.
iii. Legacy Parkway (extension).
c. Neighborhood main streets - public roadways.
i. St. John's Boulevard (extension from Kennard Street to White Bear
Avenue).
ii. Future north-south through street along west side of Maplewood Mall
from Beam Ave to County Road D, as shown on the regulating plan.
iii. Future north-south through street along east side of Maplewood Mall from
Beam Ave to County Road D, as shown on the regulating plan.
d. Neighborhood internal streets - public or private roadways. Future streets,
examples shown on the regulating plan, but final layout may be different
(4) Subdivision and site development.
a. All subdivision of land shall meet the subdivision standards in Section 44-306.
b. All new site development and redevelopment shall be subject to the site design,
building design, and use standards in Sections 44-307, 44-308, and division 19.
c. Sites that abut multiple street types shall meet standards based on the priority
frontage. Priority frontage is determined by the following priority of street types:
i. First priority: Neighborhood Main Street.
ii. Second priority: Minor arterial/major collector.
iii. Third priority: Local connector.
iv. Fourth priority: Neighborhood internal street.
(5) Street rights-of-way. The street standards in Section 44-306 shall apply to all public
rights-of-way in the NE district based on the specific street types.
(6) Open spaces. The open space standards in Section 44-306 shall apply to all future
public and private open spaces in the NE north end district based on the specific open
space types.
Secs. 44-304. General provisions.
(1) This division is designed, wherever possible, to act as a standalone set of standards and
procedures for development in the NE north end district. References to other applicable
standards and administrative procedures in the Maplewood City Code are provided as
needed.
(2) The standards and administrative procedures in this division shall apply in lieu of other
provisions in this chapter, except where specifically stated otherwise in this division, and
govern in the event of a conflict.
(3) The provisions of Section 44-12 nonconformities of the Zoning Code shall be fully
applicable to all structures and uses within the north end district.
(4) The standards in this division shall apply to new development, redevelopment, and
building expansions greater than 50 percent of the floor area of an existing building. A
property owner or developer may expand an existing building or parking lot as long as
the development does not conflict with the districts' future street network as identified in
the North End District Street Network and Types regulating plan (figure 44-303-A) and
meets the standards in Sections 44-17 to 44-20.
(5) Along with the standards established in this division, developments in the north end
district are encouraged to utilize the North End Design Guidelines for additional design
guidelines.
(6) Planned unit developments (PUDs), as provided in Sections 44-311 through 44-312,
Planned Unit Development (PUD), are not permitted within the NE district.
Secs. 44-305. Administration.
(1) Subdivisions and platting within the NE district are subject to the procedures and
application requirements established in Ch.34 Subdivisions of the Maplewood City Code,
with the following provisions and exceptions:
a. The block, street, and lot requirements of Section 44-306, Subdivision standards
shall supersede any related standards in Section 34-8, Minimum subdivision
design standards.
(2) New development and redevelopment are subject to the development design review
procedure in Sections 2-281 through 2-292, Community Design Review Board of the
Maplewood City Code.
(3) Exceptions to the design standards may be considered by the community design review
board, or city council if appropriate, if they uphold the integrity of the North End Vision
Plan and Comprehensive Plan, and result in attractive, cohesive development design as
intended by this division.
Secs. 44-306. Subdivision standards.
(1) Block and street network standards.
a. For all developments with total combined parcel acreage of more than three
acres, subdivision into blocks and platting of new streets is required.
b. Maximum block length shall be 450 feet.
c. New streets shall connect to and continue existing streets from adjoining areas to
form an interconnected street network.
d. New cul-de-sacs and dead end streets may only be permitted where intersecting
with minor arterials/major collectors and are unable to meet minimum access
standards or by approval of the city engineer to accommodate specific site
conditions.
e. The city engineer shall approve the type of street for each subdivision and may
require additional street right-of-way or configuration based on the regulating
plan, existing context, and area circulation needs. Street design standards are
organized by street type.
f. Each block is required to provide an alley or private lane to efficiently
accommodate vehicle parking access, service/loading access, refuse pickup, and
reduce the number of driveways/curb cuts.
(2) Street design general standards. The provisions of this section shall apply to all new
streets as well as streetscape improvements to existing streets.
a. Sidewalks or shared use trails shall be provided on both sides of all new streets
and improved existing streets. Where sufficient public right-of-way width does not
exist, and cannot be obtained to accommodate sidewalks or shared use trails on
both sides, an easement shall be required, an exception may be approved
administratively by the community development director, within a property line
adjacent to a right-of-way to accommodate the minimum width of a sidewalk
clear walkway zone or a shared use trail, as required by the appropriate street
type.
b. All sidewalks shall provide a clear walkway zone and a boulevard or street life
zone, as shown in figure 44-306-A.
Figure 44-306-A: Illustration of Sidewalk Zones
i. A clear walkway zone shall be a minimum of six feet in width, or wider as
indicated in the Street Design Standards by Street Type illustrated in
figure 44-306-A. A clear walkway zone shall consist of a continuous,
unobstructed and accessible path of travel for pedestrians that must
remain clear of obstacles at all times.
ii. A boulevard or street life zone shall be a minimum of four feet in width,
with an ideal width of five feet or more, as indicated in the Street Design
Standards by street type in figure 44-306-A. In some locations the
boulevard or street life zone may alternate with parking spaces. A
boulevard or street life zone organizes the fixed sidewalk elements along
the curb into an area that delineates the clear walkway zone from the
roadway. This zone consists of street trees, stormwater planting areas,
and street furniture, such as benches, trash cans, bicycle racks, street
lighting and street signage.
c. Shared use trail width shall be a minimum of ten feet.
d. Pavement markings for pedestrian crosswalks shall be provided at all controlled
intersections.
e. Pedestrian crosswalks at uncontrolled intersections and mid-block, where
required by the city council, shall also have pavement markings.
f. Sidewalk extensions or bump-outs shall be provided at pedestrian crosswalks on
streets with parking as a means of traffic calming.
g. On-street bicycle lanes shall be a minimum of six feet in width and shall be
designed in compliance with the city's Living Streets Policy and according to
specifications required by the city engineer.
h. All streetscape trees shall be planted in consideration of location of utilities and
future utility needs.
i. Tree pits shall be a minimum of four feet in width, and a maximum of three feet in
depth. Tree pits shall use planting or granite sets outside of the critical root ball
zone or may use tree grates to create additional travel width for pedestrians.
Tree boxes shall be sized to ensure sufficient growing space around root ball at
installation.
j. Trees shall be planted in contiguous open planting areas. Where continuous
planting is interrupted by curb cuts, use of a modular suspended pavement
system (such as Silva Cells) is required.
(3) Street design standards by street type. The provisions of this section shall apply to all
street types as shown on the North End District Street Network and Types (figure 44-
303-A); any private neighborhood internal streets shall meet the same minimum design
standards as public neighborhood internal streets. All newly constructed streets and
streets undergoing reconstruction shall meet these minimal standards. If property
adjacent to existing streets is undergoing development, the city shall at that time acquire
any additional right-of-way or easements needed for future improvements to the streets
that comply with these standards.
a. Minor arterial and major collector streets. As all minor arterial and major collector
streets within the area are owned by Ramsey County, the city will work with the
Ramsey County on accomplishing guidelines set forth in the North End Design
Guidelines.
b. Local connector streets.
i. Local connector street sections.
Figure 44-306-B: Cross-Section of Local Connector Streets
ii. Description of street elements - local connector streets.
Table 44-306-1: Local Connector Street Design Standards
c. Neighborhood main streets.
i. Neighborhood main street section.
Figure 44-306-C: Cross Section of Neighborhood Main Street
ii. Description of street elements - neighborhood main streets.
Table 44-306-2: Neighborhood Main Street Design Standards
d. Neighborhood internal streets.
i. Neighborhood internal street sections.
Figure 44-306-D: Cross-Section of Neighborhood Internal Streets
ii. Description of street elements - neighborhood internal streets.
Table 44-306-3: Neighborhood Internal Street Design Standards
(4) Open space standards.
a. Public open space. For each new subdivision, a minimum of ten percent of the lot
area shall be dedicated, designed, and accessible as public open space in
alignment with the North End District Open Space Network and Types regulating
plan in Figure 44-303-B.
i. This public open space requirement supersedes the requirements of ch.
26 - Parks and Recreation, and the city's park accessibility charge (PAC).
ii. The standards in Table 4 shall apply to all land dedicated and deeded as
public open spaces. The property owner or developer shall be
responsible for making certain improvements to land dedicated, including,
but not limited to, finish grading, ground cover, construction of trails and
clearly identifying park and trail boundaries with city-approved markers.
iii. If a development site's location does not coincide with the North End
District Open Space Network and Types (Section 44-303, Figure 44-303-
B), the city council, at its discretion, may require a developer to pay to the
city cash fees in lieu of dedication of land for park, recreational, and open
space purposes. The cash contribution in lieu of land dedication must be
provided prior to the city releasing the final subdivision. The amount of
any cash in lieu contribution shall be equivalent to the average fair market
value of the ten percent of land that would otherwise be required to be
dedicated. For purposes of this section, "fair market value" means the
value of land as determined based on tax valuation or other relevant data,
or as set forth in the city's fee schedule. If the applicant disputes the
amount of the proposed cash contribution in lieu of the land dedication,
the applicant, at their own expense, may obtain an appraisal of the
property. The appraisal shall be made by approved members of the MAI,
or equivalent real estate appraisal societies. If the city disputes such
appraisal the city may, at the applicant's expense, obtain an appraisal of
the property by a qualified real estate appraisal. This appraisal shall be
conclusive evidence of the fair market value of the land.
Table 44-306-4 Public Open Space Standards
b. Private usable open space. Each development, both residential and non-
residential, shall provide a minimum of ten percent of the lot area as private
usable open space. Private usable open spaces will not count toward public open
space dedication requirements. Usable open space means designed outdoor
space intended for passive or active recreation that is accessible and suited to
the needs of the development's residents and/or employees, and shall generally
have the following characteristics:
i. Functional and aesthetic design that relates to the principal building or
buildings, with clear edges, including seating, landscaping, recreational
facilities, sidewalk connections, and other amenities;
ii. May be designed as courtyards, plazas, picnic areas, swimming pools,
play areas, rooftop patios/gardens, or trails within natural areas;
iii. Compatible with or expands upon existing pedestrian connections and
public parks or open space;
iv. May include both private common areas for use by all residents of that
development, as well as a private unit's open space for exclusive use by
that unit's residents; and
v. Does not include driveways, parking areas, steep slopes, or stormwater
ponds.
(5) Lot standards.
a. Each lot must have a primary frontage along a public or private street, except
where parcels shown on the regulating plan front on a public space or greenway.
b. Where a lot has multiple street frontages, the primary entrance should be on the
frontage with the highest priority, in accordance with Section 44-303; if a lot has
multiple street frontages of the same street type, the frontage with the primary
entrance shall be determined by the director of community development.
c. Minimum lot width along a street frontage shall be 50 feet.
d. Flag lots are prohibited.
Secs. 44-307. Site design standards.
(1) Building placement standards.
a. All buildings shall meet the building placement standards in the following table:
Table 44-307-1: Building Placement Standards by Street Type
b. Setback areas.
i. Common setback areas must be treated as a unified, planted landscape
buffer area that is required to be installed and maintained by the building
owner or homeowner's association.
ii. Walls, fences, monument signs, lighting, elevated private outdoor space,
stairs leading to residential entries, guardrails, handrails and other similar
building and landscape elements are allowed encroachments within the
setback area.
iii. Utilities, transformers and telecommunications equipment shall, to the
extent feasible, not be located in front of a building and shall be
architecturally integrated or screened by landscaping.
iv. Awnings, canopies, marquees, signs, shading devices, cornices and
lighting are allowed to encroach into the public right-of-way and into the
minimum setback area above a minimum height of ten feet from sidewalk
grade.
(2) Off-street parking and loading standards.
a. Off-street vehicle parking placement and design.
i. All street types: Off-street parking shall not be permitted to be located
between the front of the building and the street.
ii. Neighborhood main street type: Off-street parking also shall not be
permitted to be located in the side yard.
iii. Off-street parking spaces for residential uses shall be located in a central
location designed to support multiple uses or multiple units.
iv. Vehicular entrances and exits to parking facilities shall have a maximum
linear width of 11 feet if accommodating one direction of travel, and
maximum linear width of 22 feet if accommodating both an exit and
entrance at one opening. Entrances and/or exits that are shared with
loading and service access may be 12 feet wide when accommodating
one-way traffic and 24 feet wide when accommodating two-way traffic.
v. Open surface parking areas must be limited to no more than 20 percent
of total site area for any particular project.
vi. Parapet edges of the parking areas, including the roof, and screening
around open surface parking areas must be higher than vehicle
headlights in order to screen adjacent properties.
Figure 44-307-A: Off-Street Vehicle Parking Placement
b. Quantity of off-street vehicle parking spaces. The number of off-street vehicle
parking spaces shall meet the minimum and maximum ratios listed in Table 44-
307-2, Off-Street Vehicle Parking Spaces.
Table 44-307-2: Off-Street Vehicle Parking Spaces
c. Off-street bicycle parking. Off-street bicycle parking must be provided for new
buildings in the minimum quantities listed in Table 44-307-3, Minimum Bicycle
Parking Spaces.
Table 44-307-3: Minimum Bicycle Parking Spaces
d. Shared parking. Shared off-street parking facilities are allowed to collectively
provide parking in any district for more than one structure or use, subject to the
following conditions:
i. The uses must have their highest peak demand for parking at
substantially different times of the day or week, or an adequate amount of
parking shall be available for both uses during shared hours of peak
demand. A parking plan shall address the hours, size and mode of
operation of the respective uses.
ii. The minimum spaces required under a shared parking agreement shall
be based on the number of spaces required for the use that requires the
most parking.
iii. Shared parking facilities shall be protected by an irrevocable covenant
running with the land and recorded with the county in a form approved by
the city attorney. A certified copy of the recorded document shall be
provided to the zoning administrator within 60 days after approval of the
agreement by the city council.
e. Off-street loading facilities.
i. Individual off-street loading spaces shall have a maximum width of ten
feet and a maximum vertical clearance of 16 feet. Loading docks shall be
screened, both architecturally and with landscaping to minimize visibility
from the street and neighboring buildings.
ii. A maximum of one curb cut for loading and service is permitted every 600
linear feet of street frontage.
iii. Garage, loading and service entry areas must include either opaque or
translucent garage door panels. Loading entries must be well lit at night
and obscure views into loading areas under daylight and night light
conditions.
f. On-street loading spaces. On-street loading spaces shall be sized to
accommodate appropriate vehicles. On-street loading spaces are allowed to be
used as regular vehicular parking spaces and scheduled for loading.
(3) Screening standards.
a. Refuse storage. Storage of refuse containers should be accommodated inside
the buildings; however, outdoor storage can be provided if adequately screened
both architecturally and with landscaping. The location should minimize visibility
from the street and neighboring buildings. No refuse storage is allowed in front of
the building, adjacent to the street; corner lots shall not have refuse storage
adjacent to either street.
b. Mechanical equipment.
i. To avoid noise and air quality impacts on open space areas, mechanical
ducts or vents, with the exception of residential kitchen and bathroom
vents, shall not be located adjacent to areas designated for courtyards or
common activity areas.
ii. Rooftop mechanical equipment greater than four feet in height shall be
screened in an enclosure that also considers views from above. All
screening shall be at least of equal height to the mechanical equipment
that it screens.
Secs. 44-308. Building design standards.
Buildings shall be constructed to meet the form requirements described in the sections
below:
a. Building size standards.
Table 44-308-1: Building Size Standards by Street Type
Figure 44-308-A: Building Design Element Illustration
b. Building façade standards.
Table 44-308-2. Building Façade Standards by Street Type
i. Parking structures.
1. All off-street parking structures that front a public street must be lined
with a minimum of 18 feet of occupied habitable space at the ground
floor between the parking area and exterior wall of the building.
2. All other frontages must visually screen the interior from the exterior
under daylighting and night lighting conditions.
ii. Exterior building materials. Exterior-building materials shall be classified
as primary, secondary or accent material. Primary materials shall cover at
least 60 percent of all façades of a building. Secondary materials may
cover no more than 30 percent of all façades of a building. Accent
materials may include door and window frames, lintels, cornices and
other minor elements, and may cover no more than ten percent of all
façades of a building.
1. Primary exterior building materials may be brick, stone or glass.
Bronze-tinted or mirror glass are prohibited as exterior materials.
2. Secondary exterior building materials may be decorative block or
stucco.
3. Synthetic stucco may be permitted as a secondary material on upper
floors only.
4. Accent materials may be wood or metal if appropriately integrated into
the overall building design and not situated in areas that will be
subject to physical or environmental damage.
5. All primary and secondary materials shall be integrally colored with no
painted materials.
Secs. 44-309 —44-310. Reserved.
DIVISION 18. PUD PLANNED UNIT DEVELOPMENTS
Secs. 44-311. Planned unit development—fixed district.
(1) The purpose of the planned unit development—fixed district is to allow for the
continuance of planned unit developments approved through conditional use permits
prior to September 1, 2020.
(2) There shall be no new parcels zoned to the planned unit development—fixed district
after September 1, 2020.
(3) All preliminary and final development plans approved as part of a conditional use permit
for a planned unit development prior to September 1, 2020 shall remain in full force and
effect as part of this overlay district. Provided new development in the planned unit
development—fixed district is in compliance with the approved plans, the development
shall be considered in conformance.
(4) Amendments to development plans for property in the planned unit development - fixed
district shall be processed according to the provisions in article VII, division 2. Minor
amendments will be considered while major amendments shall require the establishment
of a new planned unit development district.
Secs. 44-312. PUD Planned unit development.
(1) The PUD planned unit development provisions are intended to encourage more efficient
use of land, public services and greater amenity by allowing, under certain
circumstances, a more flexible means of land development or redevelopment than is
otherwise afforded through the strict enforcement of the zoning requirements of certain
districts through lot-by-lot development. Although planned unit developments may
appear to deviate in certain aspects from a literal interpretation of the zoning and
subdivision ordinances, the PUD is intended to allow flexibility in design in order to
promote developments which will be an asset to the city by equaling or surpassing the
quality of developments resulting from the application of more conventional zoning
regulations. A PUD may be used as a special district adapting any base zoning district or
combination of zoning districts.
(2) A planned unit development shall be established by rezoning to a newly created,
numbered planned unit development district that outlines the uses, dimensions, and
design standards of the new PUD zoning district following the procedures set forth in
article VII, division 2.
(3) No planned unit developments may be created in the MU District or the NE District.
(4) Planned unit developments shall be on a tract of land more than one acre.
(5) Permitted uses shall generally be consistent with the permitted or conditional uses of the
underlying base district. However, a PUD district can request alternative uses to the
permitted uses of the underlying base district, subject to the approval by the city council
as part of the establishment of the PUD.
(6) Density of development must meet the guidance set by the comprehensive plan's future
land use designation and map.
(7) The following provisions shall be addressed as part of the PUD. When it is intended that
regulations vary from the underlying district, the applicant shall propose them as part of
the PUD application process:
a. A PUD shall be designed to complement existing and planned future land uses of
adjacent uses and infrastructure.
b. Lot area may vary from the underlying base district standard in a PUD provided
the developer has demonstrated that the proposed design and layout meets the
provisions of this chapter.
c. Setbacks may vary from underlying base district standards in a PUD provided the
developer has demonstrated that the proposed design and layout meets the
provisions of this chapter. Perimeter setbacks shall be consistent with the
setbacks of the underlying base zoning district.
d. Building height may vary from the underlying base district standard. The city may
request cross sections, elevations and other information from the developer in
order to determine if the structure height meets the provisions of this chapter.
e. A PUD shall be designed to preserve existing vegetation and topography where
practical and shall be consistent with the goals and objectives of the
comprehensive plan.
f. Overall architectural design shall be generally compatible with the characteristics
of the surrounding developments.
g. Parking ratios may deviate from the off-street parking space standards. Where
alternative parking ratios are not stated in the PUD application, they shall
conform to Section 44-17 off-street parking.
h. All publicly dedicated streets, utilities and storm-water facilities shall be designed
in accordance with the city code, policies, and design standards. The city may
consider flexible standards for streets if the developer has demonstrated that the
proposed design and layout warrants varying standards and the design meets
the provisions of this chapter.
i. Circulation/access.
i. Vehicular access to lots adjoining an arterial street as defined by the
functional classification system shall be designed by way of a frontage
road, service road or local street.
ii. Streets in a PUD shall be designed to promote a grid network of streets,
minimizing dead ends and culs-de-sac and connecting to adjoining
developments where streets have been 'stubbed in' for the purpose of
continuation.
iii. A PUD shall include provisions for pedestrians, bicycles and transit.
j. A landscape and screening plan shall be included in the PUD submittal. The plan
should include street tree provisions, screening, parking lot landscaping where
applicable and the preservation of mature, healthy hardwood trees where
applicable.
k. A comprehensive sign plan shall be adopted following the requirements of
Chapter 44, Zoning, Article III, Sign and Mural Regulations. Preliminary plans
related to signage shall be submitted as part of the PUD application. While the
comprehensive sign plan will be adopted subsequently to the PUD, if an
exception to the city's signage regulations are needed they shall be evaluated
and adopted as part of the PUD process. Freestanding pylon type signs shall
consolidate tenants or uses in predetermined locations, minimizing the number of
freestanding signs where possible.
Secs. 44-313 —44-320. Reserved.
DIVISION 19. USE SPECIFIC STANDARDS
Secs. 44-321. Principal Uses
(1) Animal veterinary clinic
a. No exterior kennels are allowed.
(2) Bed and Breakfast
a. Bed and breakfast establishments shall only be allowed within the following types
of structures:
i. Single-unit dwelling if the bed and breakfast has four or fewer guestrooms
and as a conditional use permit if the bed and breakfast has more than
four guestrooms;
ii. Commercial building; and
iii. Mixed-use building
b. All bed and breakfast establishments must meet the required number of off-street
parking spaces as specified in Section 44-17 off-street parking.
(3) CNG (compressed natural gas) or LPG (liquid petroleum gas) dispensing facilities
a. Tanks shall not exceed a water capacity of 1,500 gallons for those dispensing
facilities whose primary purpose is to produce power and light for nonvehicle
uses, such as at 3M, NSP's facility on Century Avenue, or for temporary use on
construction sites.
b. Facilities shall meet licensing requirements in Chapter 14, article X.
(4) Currency exchange
a. Must be located at least 500 feet from a residential lot line and at least 500 feet
of any school or religious institution.
b. Must have city licensing as regulated in Chapter 14, article XII.
(5) Dwelling, double (duplex)
a. In the R-3 Residence District:
i. In any of the R-3 subdistricts, double dwellings (duplexes) are only
allowed as part of a townhouse development.
b. In the MU District:
i. Any pre-existing conforming or nonconforming double-dwelling (duplex)
residential use or structure which became nonconforming by adoption of
the mixed-use zoning district may be expanded or intensified so long as
such expansion or intensification would be permitted under the R-1
single-dwelling residential district or the R-2 double-dwelling residential
district and/or MU mixed-use district.
(6) Dwelling, single-unit
a. For the purpose of use specific standards, the following definitions shall apply:
i. One-story dwelling means a dwelling having a single floor level, usually at
grade level.
ii. One and one-half-story dwelling means a dwelling having two floor levels,
one at grade and one above grade, which does not have full ceiling height
for the entire above grade level.
iii. Bilevel dwelling means a dwelling having two floor levels, usually one four
feet below grade, one four feet above grade, both with full ceiling height.
It may be on a sloping lot with the lower level partially exposed.
iv. Trilevel dwelling means a dwelling having three floor levels, usually one
four feet below grade, one at grade, and one four feet above grade, all
with full ceiling height.
v. Two-story dwelling means a dwelling having two floor levels, one at grade
and one above grade, both with full ceiling height.
b. In the R-1 District:
i. One single-unit dwelling and its accessory buildings and uses on each lot.
Property owners may construct a second single-family dwelling on their
lot, if they meet the following conditions:
1. The property owner shall sign a statement prepared by the city. This
statement shall include an agreement to remove the existing house,
including the basement and footings, and clean up the site within 90
days of completion or occupancy of the new house. If adverse
weather conditions occur which cause a delay in the demolition or
removal, the director of community development may grant a one-time
extension for the required removal, site cleanup and restoration of up
to 60 days. The city council may approve one additional time
extension.
2. The property owner giving the city an irrevocable letter of credit or
cash escrow equal to 1½ times the estimated cost of the removal or
demolition of the existing house. This surety is to ensure the removal
of the existing house and cleanup of the site.
3. The property owner signing a right-of-entry agreement allowing city-
designated workers or contractors on the property to remove the older
house or clean up the property.
4. Compliance with Section 44-18, concerning access.
5. The property owner shall site the new house so there is adequate
emergency vehicle access to both houses. This shall be subject to the
approval of the police chief.
6. The property owner must occupy the existing (old) house.
c. In the BC District:
i. A single unit dwelling is permitted with a business unit. The single-
dwelling unit and the principal business use must be in the same
structure.
d. In the MU District:
i. Any pre-existing conforming or nonconforming single-unit dwelling which
became nonconforming by adoption of the mixed-use zoning district may
be expanded or intensified so long as such expansion, or intensification
would be permitted under the R-1 single-dwelling residential district or the
R-2 double-dwelling residential district and/or MU mixed-use district.
(7) Live-work units
a. The workspace component must be located on the first floor or basement of the
building, with an entrance facing the primary abutting road.
b. The dwelling unit component must be located above or behind the workspace
and maintain a separate entrance accessible from the primary abutting road.
c. The office or business component of the workspace shall not exceed 30 percent
of the total gross floor area of the principal dwelling unit and shall meet all
building code requirements.
d. A total of two off-street parking spaces shall be provided on site for a live-work
unit, located to the rear of the unit, or underground/enclosed (including attached
or detached garage parking spaces.)
e. No more than one passenger or light commercial vehicle (i.e., delivery truck)
associated with the office or business component of the workspace may be
stored on site. Heavy commercial vehicles are prohibited.
f. The size and nature of the workspace shall be limited so that the building type
may be governed by residential building codes. An increase in size or intensity
beyond the specified limit would require the building to be classified as a mixed-
use building and will require different construction standards.
g. The workspace component of the building may include the following uses:
offices, small service establishments, home crafts which are typically considered
accessory to a dwelling unit or limited retail associated with fine arts or crafts.
The workspace component shall be limited to those uses otherwise permitted in
the district that do not require a separation from residentially zoned or occupied
property. The workspace component may not include a wholesale business,
manufacturing business, motor vehicle service or repair for any vehicles other
than those registered to residents of the property and a commercial food service
requiring a license, except for a catering business which meets all conditional
use permit requirements as specified in article V. (conditional use permits.)
h. Signage for a live-work unit is restricted to one 15-square-foot wall sign and shall
not be internally illuminated.
i. Live-work units do not require a home occupation license as specified in Section
14-56 home occupations.
(8) Livestock raising and handling
a. The workspace component must be located on the first floor or basement of the
building, with an entrance facing the primary abutting road.
b. The dwelling unit component must be located above or behind the workspace
and maintain a separate entrance accessible from the primary abutting road.
c. The office or business component of the workspace shall not exceed 30 percent
of the total gross floor area of the principal dwelling unit and shall meet all
building code requirements.
d. A total of two off-street parking spaces shall be provided on site for a live-work
unit, located to the rear of the unit, or underground/enclosed (including attached
or detached garage parking spaces.)
e. No more than one passenger or light commercial vehicle (i.e., delivery truck)
associated with the office or business component of the workspace may be
stored on site. Heavy commercial vehicles are prohibited.
f. The size and nature of the workspace shall be limited so that the building type
may be governed by residential building codes. An increase in size or intensity
beyond the specified limit would require the building to be classified as a mixed-
use building and will require different construction standards.
g. The workspace component of the building may include the following uses:
offices, small service establishments, home crafts which are typically considered
accessory to a dwelling unit or limited retail associated with fine arts or crafts.
The workspace component shall be limited to those uses otherwise permitted in
the district that do not require a separation from residentially zoned or occupied
property. The workspace component may not include a wholesale business,
manufacturing business, motor vehicle service or repair for any vehicles other
than those registered to residents of the property and a commercial food service
requiring a license, except for a catering business which meets all conditional
use permit requirements as specified in article V. (conditional use permits.)
h. Signage for a live-work unit is restricted to one 15-square-foot wall sign and shall
not be internally illuminated.
(9) Manufactured home
a. All new installations of manufactured homes shall be tied to ground anchoring
systems. Such installations shall be in compliance with the current state rules
and regulations concerning such installations.
b. Manufactured homes must meet the most recent HUD certification requirements.
Manufactured homes that have been previously lived in require a moving permit
under Chapter 12, Article III.
(10) Manufacturing, light
a. A conditional use permit is needed if such use has more than 5,000 square feet
of gross floor area, in which case total floor area shall not exceed 10,000 square
feet.
(11) Mining
a. Mining shall not be located within 350 feet of any property that the city is planning
for residential use.
(12) Minor motor vehicle stations
a. Minor motor vehicle stations with canopies are allowed to place signage on the
canopy and the building; the area of the sign will contribute to the overall area
allowance for wall and projecting signs described in part a. above, as long as
they do not exceed the requirements above.
(13) Motor vehicle accessory installation
a. No petroleum products are allowed to be added to, applied to, or removed from
the vehicle.
b. There shall be no maintenance, servicing or repair of vehicles or parts of
vehicles, including car washing.
c. There shall be no vehicle hoist or lift.
d. There shall be no noxious materials used.
(14) Motor vehicle maintenance garage
a. The setback of any overhead canopy shall be at least 15 feet from the street
right-of-way line and five feet from a nonresidential property line.
b. The setbacks to a residential lot line in Section 44-20(c)(6) shall include motor
vehicle washes, fuel dispensers or canopies.
c. All parts of major motor fuel stations, motor vehicle washes or maintenance
garages shall be at least 350 feet from any property the city is planning for
residential use.
d. No unlicensed or inoperable vehicles shall be stored on the premises for more
than 48 hours, except in storage areas that are fully screened from public view.
e. All trash, waste materials and obsolete parts shall be stored within an enclosed
trash container.
f. All repair, assembly, disassembly and maintenance shall occur within an
enclosed building, except minor maintenance. Minor maintenance shall include
work such as tire replacement or inflation, adding oil or wiper fluid replacement.
g. The city must approve the location and type of outdoor storage in the conditional
use permit.
h. Noise from operations, including external speakers, shall not exceed the noise
standards of the state pollution control agency.
i. No motor fuel station or maintenance garage within 350 feet of a residential lot
line shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m.
The city council may allow or require different hours of operation as part of the
approval process of a conditional use permit for maintenance garages and motor
fuel stations.
j. Fuel station dispenser islands, parking areas, and drives shall be screened from
residential lot lines in conformance with Section 44-19(c) and (d).
k. Parking shall be limited to paved areas.
l. All new or replacement underground fuel storage tanks shall meet the standards
of state statutes and the standards of the state pollution control agency. Such
tanks shall also have a UL listing appropriate for their use. In addition, installation
plans shall be submitted to the state fire marshal's office for approval.
m. There shall be leak detection equipment on all new and existing tanks according
to U.S. Environmental Protection Agency (EPA) schedule deadlines. Leak
detection facilities shall include electronic (in tank) monitoring equipment as well
as manual daily measurement and recording of tank levels. Records of daily tank
levels, fuel purchases and fuel sales shall always be available on site for
inspection by the fire marshal.
n. Vents from an underground fuel storage tank shall be 200 feet from a residential
lot line. The city council may approve a lesser setback if the developer can prove
that the topography or existing or proposed buildings will prevent fumes from
reaching a residential lot line.
(15) Motor vehicle major motor fuel station
a. All stations shall meet the standards set forth for motor vehicle maintenance
garage above.
b. Gas station canopies. Gas stations are allowed one additional wall sign that may
be attached to the façade of the building or the overhanging canopy above the
pump island. The wall sign on the canopy shall not exceed 50 percent of the face
of the canopy, or the maximum size specified above, whichever is less.
(16) Motor vehicle minor motor fuel station
a. In the BC, BC(M), M-1, and M-2 Districts:
i. Any motor vehicle minor fuel station shall meet the standards set forth for
motor vehicle maintenance garage above.
b. In the MU and NE Districts:
i. All parts of the minor motor fuel station shall be at least 100 feet from any
residential use within the mixed-use zoning district, including mixed-use
buildings that comprise at least 50 percent residential uses.
ii. All parts of the minor motor fuel station shall be at least 350 feet from any
single, double or multi-family residentially zoned land.
iii. All new or replacement underground fuel storage tanks shall meet the
standards of state statutes and the standards of the state pollution control
agency. Such tanks shall also have a UL listing appropriate for their use.
In addition, installation plans shall be submitted to the state fire marshal's
office for approval.
iv. There shall be leak detection equipment on all new and existing tanks
according to the Federal Environmental Protection Agency schedule
deadlines. Leak detection facilities shall include electronic (in tank)
monitoring equipment and manual measurement and recording
equipment of tank levels for daily records. Records of daily tank levels,
fuel purchases and fuel sales shall always be available on site for
inspection by the fire marshal.
(17) Motor vehicle wash
a. All motor vehicle washes shall meet the standards set forth for motor vehicle
maintenance garage above and the following additional standards:
i. Water from a motor vehicle wash shall not drain onto a public street or
access. A drainage system shall be installed, subject to the approval of
the city engineer.
ii. There shall be stacking space for at least four vehicles.
(18) On-sale liquor
a. Must be located at least 350 feet from any property that the city is planning for
residential use.
b. All business, storage, or display, except signs and parking, shall be in a closed
building.
(19) Pawnbroker
a. Must be located at least 500 feet from a residential lot line and at least 500 feet
of any school or church.
b. Must have city licensing as regulated in Chapter 14, Article XII.
(20) Publishing and printing establishments
a. Shall only be allowed within an entirely commercial structure, meaning a
structure that does not have any residential uses.
(21) Recycling facility
a. Shall not be located within 350 feet of any property that the city is planning for
residential use.
b. All activities shall be located within an enclosed building.
(22) Repair shop
a. All business, storage, or display, except signs and parking, shall be in a closed
building.
(23) Retail firearms sales
a. Must be located within a business, store or shop which is at least 350 feet from
any property the city is planning for residential use.
b. Must obtain and meet all applicable state and federal licenses.
(24) Sale or leasing of new or used motor vehicles
a. Shall not be located within 350 feet of any property that the city is planning for
residential use.
b. Auto dealerships. Auto dealerships may have one freestanding sign, plus one
freestanding sign for each car franchise. The maximum sign area and height for
the freestanding signs shall be determined by the classification of the abutting
roads, as specified above. More than one freestanding sign may be allowed per
street frontage provided said signs are separated by more than 150 feet
measured in a straight line between the signs.
(25) Trucking yard or terminal
a. Any storage of semitrucks or freight shall be for less than two weeks as long-term
or permanent storage is not allowed.
b. Trucks associated with the terminal may be repaired in buildings or outdoor
areas on the site.
Secs. 44-322. Accessory Uses
(1) Accessory buildings.
a. In the RE, R-1, R-1S, and R-2 Districts:
i. The areas of accessory buildings shall be limited to the areas in the
following table:
Table 44-322-1: Accessory Building Size Maximum
ii. A private garage shall not exceed 16 feet as measured from grade.
iii. The city council may approve an increase in height or area by conditional
use permit.
b. Within the R-1(R) District:
i. The following size standards shall apply to accessory buildings and
garages:
Table 44-322-2 Accessory Building Size Maximum for R-1 (R)
Detached Buildings
(Max Area, Square
Feet)
Attached Garages
(Max Area, Square Feet)
Combination of detached
buildings and attached Garage
(Max Area)
Tier I 1,400 (garages),
1,100 (other) 1,400 2,800
Tier II 1,250 SF Total 1,250 1,850
ii. A private garage shall not exceed 16 feet as measured from grade.
iii. The city council may approve an increase in height or area by conditional
use permit.
(2) Accessory dwelling unit (ADU)
a. Only one (1) ADU may be created per single-family property.
b. The property owner shall comply with the Residential Rental Code.
c. An ADU shall be between 250 and 900 square feet in size.
d. Off-street parking spaces must be available for use by the owner-occupant(s)
and tenant(s) with at least two (2) spaces available for the principal residence
and one (1) space available for the accessory dwelling unit.
e. A deed restriction shall be created and recorded with Ramsey County restricting
the independent sale of an ADU and requiring adherence to size limitations and
other requirements found in this chapter.
f. An ADU in a detached accessory structure must also meet the following
requirements:
i. The square footage of the detached ADU shall be counted toward to the
total allowable accessory structure area on a lot as listed in the individual
zoning district.
ii. The accessory structure containing the ADU shall follow the setback
standards for a principal structure. An existing accessory structure may
not be converted into an accessory dwelling unit if required setbacks are
not met.
iii. The accessory structure containing the ADU shall be located at least five
(5) feet from any other structure.
iv. Water and sewer connection shall meet building code requirements.
v. The accessory structure containing the ADU must meet zoning district
height restrictions for an accessory structure.
(3) Citizen band radio towers, amateur radio towers, television antennas, and flagpoles
a. In the RE, R-1(R), R-1, R-1S, R-2, and R-3 Districts:
i. Use only allowed for residential (non-commercial) purposes.
ii. A five-foot setback shall be maintained from all property lines.
(4) Day care, family
a. In the R-3 District:
i. Only permitted in double (duplex) dwellings.
(5) Direct to consumer sales
a. Shall meet the licensing and permitting requirements of Chapter 14, article VI;
Chapter 20, Article IV; and Chapter 28, Article II.
(6) Drive-up food or beverage window, drive-through sales and service
a. Any message board may not exceed 64 square feet and six feet in height. A
message board shall not be located as to impair the vision of the driver of a
vehicle traveling into, out of, or through the drive-through isle.
(7) Landscape business (or any other similar use that is determined to be the same general
character as a landscape business)
a. Allowed as an accessory use to residential property if on a parcel of land which is
four acres or larger.
b. Where there is a question concerning the appropriateness of a similar use as a
conditional use within the farm residence district, the planning commission shall
review the question and forward a recommendation to the city council for final
determination.
c. There shall be no exterior storage of commercial vehicles, equipment, or material
associated with the business. Storage of these items must be in an approved
accessory structure that meets the following findings:
i. The accessory structure must meet the size and height requirements as
specified for accessory structures.
ii. When adjacent a residential lot, the accessory structure must comply with
the setback requirements specified in Section 44-20(c)(6)b, which
pertains to additional design standards. When adjacent to a commercial
lot, the accessory structure must comply with the identified setbacks in
the residential district.
iii. When adjacent a residential lot, the accessory structure and other areas
of the lot where deemed necessary shall comply with Section 44-19(a),
(b), (c), and (d), which pertain to landscaping and screening.
d. No more than one nonresident employee shall be allowed to work on the
premises.
e. The hours of operation are limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday.
(8) Sacred community
a. The sacred community, and any micro-units constructed within it, shall meet the
requirements of Minn. Stats. § 327.30, as may be amended. This shall include
the requirement that any sacred community not located on the grounds of a
religious institution’s primary worship location, shall be located on a contiguous
parcel to that primary worship location.
b. On an annual basis, a certification must be provided which demonstrates that the
sacred community meets the requirements of Minn. Stats. § 327.30, including
that the residents meet the eligibility requirements.
(9) Storage or parking of heavy commercial vehicles or commercial equipment or more than
one light commercial vehicle
a. In the RE, R-1(R), R-1, R-1S, and R-2 Districts:
i. The storage or parking is subject to the approval of the city council and
subject to the following standards:
1. The owner or operator of the vehicle or commercial equipment must
reside on the property.
2. The vehicle or commercial equipment shall be parked in an enclosed
structure or on a hard-surface driveway that meets the applicable
zoning district requirements.
3. Noise from idling the engine shall not exceed the L50 standards
provided for in state statutes. The owner or operator shall not let the
vehicle's engine idle for more than 30 minutes in any one-hour period.
In no exception may the owner or operator run or let the engine idle
for more than two periods, lasting 30 minutes each, in one 24-hour
period.
ii. The following are exceptions to subsection (1)a of this section:
1. Those commercial vehicles or commercial equipment used for
authorized on-site construction, repair or service at the residence.
2. Any motor truck, pickup truck, or other commercial vehicle being used
by a public utility, moving company, or similar company, which is
being used to service a residence not belonging to or occupied by the
operator of the vehicle.
3. Any vehicle that is making a pickup or delivery at the location where
the driver or operator has parked it. Parking shall not be for the time
beyond that the driver or operator needs to make such a pickup or
delivery and shall only be for the time necessary to complete the
pickup or the delivery.
4. Lawful nonconforming and permitted uses.
(10) Supportive commercial uses
a. In the CO District:
i. Supportive commercial uses shall not exceed 25 percent of the total net
floor area of the building.
Secs. 44-323-44-731 Reserved.
SECTION II. This ordinance shall be effective following its adoption and publication.
Approved by the City Council of the City of Maplewood on December 11, 2023.
Signed:
________________________________
Marylee Abrams, Mayor
Attest:
__________________________
Andrea Sindt, City Clerk