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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 District regulations is hereby repealed in its entirety and replaced with the following: ARTICLE II.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