The URL can be used to link to this page

Home My WebLink About2024-01-08 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 08, 2024 City Hall, Council Chambers Meeting No. 01-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. December 11, 2023 City Council Workshop Meeting Minutes 2. December 11, 2023 City Council Meeting Minutes 3. December 18, 2023 City Council Special Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. 2024 City Council Appointments to Boards, Commissions and Miscellaneous Groups G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Resolution Designating Depositories for City Funds 3. Conditional Use Permit Review, Menards, 2280 Maplewood Drive 4. Agreement with Lockridge, Grindal, Nauen for Professional Services 5. Opiate Antagonists Subgrant Agreement 6. Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street 7. Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 Presidential Nomination Primary Election 8. Donation from Schmelz Countryside Volkswagen 9. 2024 Pay Equity Report H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Penalties for 2023 Alcohol Compliance Failures K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30P.M. Monday,December11, 2023 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at5:30 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberCavemoved toapprove the agenda as amended/submitted. Seconded by CouncilmemberLee Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Development Code Amendments Discussion Assistant Community Development Director Martin introduced the item. Rita Trapp, Consulting Plannerwith HKGI, gave the presentation. No action required 2.Metro Transit Purple Line Roadway and Transit Design Options Public Works Director Love introduced the item. Craig Lamothe, Purple Line Project Director, gave background and introduced the presentation topics. Sara Pflaum, Design & Engineering Manager,Stephen Smith, Deputy Project Manager, and Justin Konengavethe presentation. No action required. D.ADJOURNMENT Mayor Abramsadjourned the meetingat6:45p.m. December 11, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 223 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December11, 2023 City Hall, Council Chambers Meeting No. 23-23 A.CALL TO ORDER A meeting of the City Council was held in the City HallCouncil ChambersCouncil ChambersCouncil Chambersand was called to orderand was called to orderand was called to order at7:01p.m. byMayor Abrams. Mayor Abrams thanked the Public Safety and Communications staff yor Abrams thanked the Public Safety and Communications staff yor Abrams thanked the Public Safety and Communications staff for for for running running running the Santa Paradethe Santa Paradethe Santa Parade and also mentioned the Bruentrup Farm weekend eventsand participating in bell ringing for theand participating in bell ringing for theand participating in bell ringing for the Salvation Army. Mayor Abrams also announced Maplewood Public Safety is collecting winterSalvation Army. Mayor Abrams also announced Maplewood Public Safety is collecting winterSalvation Army. Mayor Abrams also announced Maplewood Public Safety is collecting winter items for the Winter Wear Drive through January 15, 2024.items for the Winter Wear Drive through January 15, 2024.items for the Winter Wear Drive through January 15, 2024. B.PLEDGE OF ALLEGIANCE TT C.ROLL CALL Marylee Abrams, MayorPresentPresentPresent Rebecca Cave, CouncilmemberPresentPresentPresent Kathleen Juenemann, CouncilmemberKathleen Juenemann, CouncilmemberKathleen Juenemann, CouncilmemberPresentPresentPresent Chonburi Lee, CouncilmemberChonburi Lee, CouncilmemberChonburi Lee, CouncilmemberPresentPresentPresent FF Nikki Villavicencio, Councilmember, Councilmember, CouncilmemberPresentPresentPresent D.APPROVAL OF AGENDAPROVAL OF AGENDAPROVAL OF AGENDA The following items were added to Council Presentations: following items were added to Council Presentations: following items were added to Council Presentations: AA Recycle Your ycle Your ycle Your HolidaysHolidaysHolidays Public Safety Santa ParadePublic Safety Santa ParadePublic Safety Santa Parade CouncCouncCouncilmemberilmemberilmemberLeeLeeLeemovmovmoved ted ted to approve the agenda as o approve the agenda as o approve the agenda as amended. SecSecSeconded byonded byonded byonded byonded byonded by Councilmember Councilmember CouncilmemberCaveCaveCaveAyes – All RR TheTheThe motion passed. motion passed. motion passed. E.APAPAPPROVAL OF MINUTESPROVAL OF MINUTESPROVAL OF MINUTES 1.NovNovNovember 27, 2023 City Councilember 27, 2023 City Councilember 27, 2023 City CouncilMeeting Minutes CouncilmemberilmemberilmemberJuenemannmoved to approve the November 27, 2023 City CouncilMeeting DD Minutes assubmitted. Seconded by CouncilmemberVillavicencioAyes – Mayor Abrams Councilmember Juenemann Councilmember Lee Councilmember Villavicencio Abstain – Councilmember Cave December 11, 2023 City Council Meeting Minutes 1 Council Packet Page Number 2 of 223 E2 The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerColemangave an update to the council calendar and reviewed other topics of gave an update to the council calendar and reviewed other topics of gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations Recycle Your Holidays Councilmember Juenemann reminded residents to recycle old holiday lights and mentioned Councilmember Juenemann reminded residents to recycle old holiday lights and mentioned Councilmember Juenemann reminded residents to recycle old holiday lights and mentioned options for disposal of Christmas trees. Public Safety Santa Parade TT Councilmember Lee thankedthePublic Safety Public Safety Public Safety Department Department Department for the Santa Parade. Councilmember for the Santa Parade. Councilmember for the Santa Parade. Councilmember Villavicencio also mentioned attending the parade and thanked the Communications Department.mentioned attending the parade and thanked the Communications Department.mentioned attending the parade and thanked the Communications Department. 3.Swearing-In Ceremony for Police Officer Jacob Kaden and Sergeant Tony GabrielIn Ceremony for Police Officer Jacob Kaden and Sergeant Tony GabrielIn Ceremony for Police Officer Jacob Kaden and Sergeant Tony Gabriel Public Safety Director Bierdeman adPublic Safety Director Bierdeman adPublic Safety Director Bierdeman addressed the council and introduceddressed the council and introduceddressed the council and introducedPolice Officer Jacob FF Kaden. City Clerk Sindt administered the oath before the pinning of the badge. Public Safety City Clerk Sindt administered the oath before the pinning of the badge. Public Safety City Clerk Sindt administered the oath before the pinning of the badge. Public Safety Director Bierdeman introduced Sergeant Tony Gabrielintroduced Sergeant Tony Gabrielintroduced Sergeant Tony Gabriel. . . City Clerk Sindt administered the oath City Clerk Sindt administered the oath City Clerk Sindt administered the oath before the pinning of the badgepinning of the badgepinning of the badge. . . SSSergeantergeantergeantGabriel addressed the council.Gabriel addressed the council.Gabriel addressed the council. No action requiredNo action requiredNo action required... AA G.CONSENT AGENDA CONSENT AGENDA CONSENT AGENDA – – – Items on the Consent Agenda are considered routine and nonItems on the Consent Agenda are considered routine and nonItems on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests controversial and are approved by one motion of the council. If a councilmember requests controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until ional information or wants to make a comment regarding an item, the vote should be held until ional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember the questions or comments are made then the single vote should be taken. If a councilmember the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate objects to an item it should be removed and acted upon as a separate objects to an item it should be removed and acted upon as a separate item. Agenda Items G7, G8, & G11 were highlighted.Agenda Items G7, G8, & G11 were highlighted.Agenda Items G7, G8, & G11 were highlighted. RR CouncilmemberCouncilmemberCouncilmemberCaCaCavevevemmmoved tooved tooved toapprove agenda items G1-G11. Seconded by CouncilmemSeconded by CouncilmemSeconded by CouncilmemberJuenemann Ayes – All The motion passed.The motion passed.The motion passed. DD 1.Approval of Claims oved to approve the approval of claims. CouncilmemberCavem ACCOUNTS PAYABLE: $ 1,246,858.94 Checks # 120211 thru # 120250 dated 11/28/23 December 11, 2023 City Council Meeting Minutes 2 Council Packet Page Number 3 of 223 E2 $ 237,629.18 Checks # 120251 thru # 120280 dated 12/05/23 $ 435,894.92 Disbursements via debits tochecking account dated 11/20/23 thru 12/03/23 $ 1,920,383.04 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits Payroll Checks and Direct Deposits $ 721,138.39 dated 11/24/23 $ 721,138.39 Total Payroll $ 2,641,521.43 GRAND TOTALGRAND TOTALGRAND TOTAL TTTTTTT Seconded by CouncilmemberJuenemannJuenemannJuenemannAyesAyesAyes – – – AllAllAll The motion passed. 2.Fee Schedule 2024 OrdinanceFee Schedule 2024 OrdinanceFee Schedule 2024 Ordinance FFFFFFF a.Ordinance Establishing 2024 Fee ScheduleOrdinance Establishing 2024 Fee ScheduleOrdinance Establishing 2024 Fee Schedule b.Resolution Authorization Publication by Title and Summary (4 Resolution Authorization Publication by Title and Summary (4 Resolution Authorization Publication by Title and Summary (4 votes) CouncilmemberCavCavCave e e mmmoved to adopt the ordinance establishing a fee schedule for 2024oved to adopt the ordinance establishing a fee schedule for 2024oved to adopt the ordinance establishing a fee schedule for 2024. Ordinance 1041Ordinance 1041Ordinance 1041 AAAAAAA AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR 2024AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR 2024AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR 2024 Section I. The Maplewood City Council adopts the following schedule to the Maplewood Code of Section I. The Maplewood City Council adopts the following schedule to the Maplewood Code of Section I. The Maplewood City Council adopts the following schedule to the Maplewood Code of Ordinances:Ordinances:Ordinances: Section II. The fees established in this ordinance supersede all fees established by ordinance, Section II. The fees established in this ordinance supersede all fees established by ordinance, Section II. The fees established in this ordinance supersede all fees established by ordinance, resolution, or policy prior to this ordinance.resolution, or policy prior to this ordinance.resolution, or policy prior to this ordinance. RRRRRRR Section III. Any unpaid fees or charges constitute a service charge the City may collect pursuant Section III. Any unpaid fees or charges constitute a service charge the City may collect pursuant Section III. Any unpaid fees or charges constitute a service charge the City may collect pursuant to its authority under Minnesota Statutes, Sections 415.01, Subdivision 1 and Minnesota Statutes to its authority under Minnesota Statutes, Sections 415.01, Subdivision 1 and Minnesota Statutes to its authority under Minnesota Statutes, Sections 415.01, Subdivision 1 and Minnesota Statutes 366.012 by certifying the unpaid amount to the County Auditor for collection together with the 366.012 by certifying the unpaid amount to the County Auditor for collection together with the 366.012 by certifying the unpaid amount to the County Auditor for collection together with the property taxes imposed on the affected property or on any other property the person may own in property taxes imposed on the affected property or on any other property the person may own in property taxes imposed on the affected property or on any other property the person may own in the State. the State. the State. DDDDDDD City of Maplewood -2024 Fee Schedule City Clerk2024 LICENSING ANIMAL PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Dangerous/Potentially Dangerous Dog Registration Dangerous Dog$150.00 Potentially Dangerous Dog$100.00 Appeal Request$100.00 December 11, 2023 City Council Meeting Minutes 3 Council Packet Page Number 4 of 223 E2 Tag$3.00 Sign$7.00 Poultry Permit (2yr permit) Initial Application$75.00 Renewal $50.00 Goat Permit Temporary Keeping of Goats Permit$75.00 Renewal $75.00 RESIDENTIAL LICENSES/PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Home Occupation License Initial ApplicationSet by CD Renewal $63.00 Recreational Vehicle Permit $15.00 LIQUOR LICENSES (initial AND renewal, unless noted otherwise) Off-Sale Licenses 3.2% Malt Liquor$350.00$350.00 Intoxicating Liquor$200.00 On-Sale Licenses 3.2% Malt Liquor$500.00 Wine$2,000.00 Club TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT -Under 200 Members$300.00 -Between 201 and 500 members$500.00 -Between 501 and 1,000 members$650.00 -Between 1,001 and 2,000 members$800.00 -Between 2,001 and 4,000 members$1,000.00 -Between 4,001 and 6,000 members$2,000.00 -Over 6,000 members$3,000.00 Intoxicating Liquor FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF -Class A $7,000.00 -Class B$8,500.00 -Class C$11,000.00 -Class E$4,667.00 2AM -Up to $100,000 in on sale gross receipts for alcoholic beveragesUp to $100,000 in on sale gross receipts for alcoholic beveragesUp to $100,000 in on sale gross receipts for alcoholic beverages$300.00 -Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beveragesOver $100,000, but not over $500,000 in on sale gross receipts for alcoholic beveragesOver $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages$750.00 -Over $500,000 in on sale gross receipts for alcoholic beveragesOver $500,000 in on sale gross receipts for alcoholic beveragesOver $500,000 in on sale gross receipts for alcoholic beverages$1,000.00 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA -3.2% On Sale Malt Liquor licensees or Set Up license holders3.2% On Sale Malt Liquor licensees or Set Up license holders3.2% On Sale Malt Liquor licensees or Set Up license holders$200.00 -Did not sell alcoholic beverages for a full 12 months prior to this applicationDid not sell alcoholic beverages for a full 12 months prior to this applicationDid not sell alcoholic beverages for a full 12 months prior to this application$200.00 Sunday Sales$200.00 Patio$200.00 BUSINESS LICENSES/PERMITS/REGISTRATION (initial AND renewal, unless noted BUSINESS LICENSES/PERMITS/REGISTRATION (initial AND renewal, unless noted otherwise) Alarm System Permit Alarm System Permit --BusinessBusiness $57.00 Amusement Park LicenseAmusement Park License RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR $388.00 Automobile & Trailer Rental LicenseAutomobile & Trailer Rental License 1st Five Rental1st Five Rental$46.00 Each Additional RentalEach Additional RentalEach Additional Rental$13.00 Body Art Establishment LicenseBody Art Establishment License $309.00 Business RegistrationBusiness Registration $40.00 Catering Food Vehicle 1st Vehicle$129.00 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Each Additional Vehicle$89.00 Fleet (6+ Vehicles)$347.00 Cigarette and Tobacco License $250.00 Commercial Kennel License $85.00 Courtesy Bench License 1st Bench$69.00 Each Additional Bench$41.00 Currency Exchange Review December 11, 2023 City Council Meeting Minutes 4 Council Packet Page Number 5 of 223 E2 $356.00 Food Establishment License Full Service$673.00 Seasonal (6mo or less)$337.00 Special Food Handling$103.00 Mobile Food Unit Mobile Food Unit -(TCS Foods) -1st Vehicle$181.00 -Each Additional Vehicle$89.00 -Fleet (6+ Vehicles)$520.00 Mobile Food Unit -(Non TCS Foods) -1st Vehicle$76.00 -Each Additional Vehicle$46.00 -Fleet (6+ Vehicles)$176.00 Gasoline Station License 1st Pump$183.00 Each Additional Pump$15.00 Lodging Establishments License 1 -15 Units$124.00$124.00$124.00 16 -35 Units$169.00$169.00$169.00 36 -100 Units$311.00 Over 100 Units$356.00 Motor Vehicle Repair License $162.00 Pawn Shop License $10,218.00 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Massage Center$259.00 Therapist$224.00 Public Pool License Hot Tubs$118.00 Indoor Swimming Pool$118.00 Outdoor Swimming Pool$118.00 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Combination -any property with 2 or more licensed pools is assessed a combination feeany property with 2 or more licensed pools is assessed a combination feeany property with 2 or more licensed pools is assessed a combination fee$162.00 Secondhand Dealer License $367.00 Solid Waste Collection License $250.00 Used Car Dealer License $333.00 Annual License/Permit/Registration Annual License/Permit/Registration --Late FeeLate Fee $25.00 or 10%, whichever is greater AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA TEMPORARY LICENSES/PERMITS TEMPORARY LICENSES/PERMITS Amusement Permit (Carnival /Carnival Rides/Circus) Amusement Permit (Carnival /Carnival Rides/Circus) $381.00 Body Art EventBody Art Event $100.00 Christmas Tree Lot PermitChristmas Tree Lot Permit $231.00 Fireworks Fireworks --Pyrotechnic Display Permit Pyrotechnic Display Permit RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR $250.00 Fireworks Fireworks --Retail Sales PermitRetail Sales Permit Exclusive Firework salesExclusive Firework sales$350.00 Firework sales with other merchandiseFirework sales with other merchandise$100.00 Food Service PermitFood Service Permit Per Day (received 7 Per Day (received 7 Per Day (received 7 days or more prior to event)days or more prior to event)days or more prior to event)$55.00 Per Day (received 2-6 days prior to event)6 days prior to event)6 days prior to event)$80.00 Seasonal Temporary (per location and for 6 months or less)Seasonal Temporary (per location and for 6 months or less)Seasonal Temporary (per location and for 6 months or less)$181.00 Large Assembly Permit 0 -4 food vendors$258.00 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD 5 -14 food vendors$515.00 15 + food vendors$773.00 Cash Escrow to cover health items 1 -14 foodvendors$500.00 15+ food vendors$1,000.00 Outside health inspectors Actual Cost Local Lawful Gambling $58.00 MCC On-Sale Liquor Catering Maplewood Providers $50.00 December 11, 2023 City Council Meeting Minutes 5 Council Packet Page Number 6 of 223 E2 Non Maplewood Providers$100.00 Multiple Day Event additional fee for reset $200.00 Noise Control Waiver Permit $15.00 On-Sale 3.2 Beer License $55.00 On-Sale Intoxicating Liquor License $204.00 One-Time Event Permit $225.00 Special Event Permit 0 food vendors$103.00 1 -4 food vendors$250.00 Tent Permit $52.00$52.00$52.00 Transient Sales Permit Up to 5 Days$27.00$27.00$27.00 6+ Days$106.00 BACKGROUND INVESTIGATIONS Liquor $500.00 Body Art Establishment TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT $250.00 Cigarette & Tobacco Sales $135.00 Lawful Gambling $250.00 Personal Services $135.00 Secondhand Dealer FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF $135.00 Pawn Shop $500.00 ELECTIONS Filing Fee $5.00 Precinct Boundaries and Polling Locations Map 11" x 17"Precinct Boundaries and Polling Locations Map 11" x 17" $3.00 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA City Map with Street Index 11” X 17”City Map with Street Index 11” X 17” $3.00 City Map with Street Index 24" x 36"City Map with Street Index 24" x 36" $5.00 DATA PRACTICESDATA PRACTICES Data SubjectsData Subjects Paper or ElectronicPaper or ElectronicNo fee if it takes less than 15 minutes of staff time to transmit electronic copies; otherwise the fee RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR may include (1) actual employee time to make/transmit copies; (2) $0.15 per page, black and white single sided; (3) $0.75 per page, color copy single sided; (4) CD/DVD $0.50; (5) flash drive 8GB $2.50, (6) standard USPS mailing fee Members of the PublicMembers of the Public Paper copiesNo fee if 10 or fewer pages requested; otherwise DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD $0.25 per page, black and white single sided if under 100 pages; If more than 100 pages the following fees may apply: (1) actual employee time to search and retrieve and make copies if it takes more than 15 minutes of staff time plus the cost of materials ($0.15 per page, black and white single sided; $0.75 per page, color copy single sided) and standard USPS mailing fee December 11, 2023 City Council Meeting Minutes 6 Council Packet Page Number 7 of 223 E2 Electronic copiesActual employee time to search and retrieve and make electronic copies if it takes more than 15 minutes of staff time. If the request includes making copies on a media the following additional fees apply:CD/DVD $0.50, flash drive 8GB $2.50 and standard USPS mailing fee City Maps City map with street index 11"x17"$3.00 City map with street index 24"x36"$5.00 Communications20242024 Partnership Packages & Rates (Please note: Packages may be customized at the discretion of the Communications Manager, which may change the price of the Manager, which may change the price of the package) Maplewood Leaders * Color ¼ -page ad in all 12 editions of Maplewood Living, the City’s official newsletter $9,500.00 $9,500.00 $9,500.00 distributed to more than 17,000 homes; sponsorship of 5 city events. Maplewood Friends * Color ¼ page ad in every other edition of Maplewood Living (6 months), the City’s official * Color ¼ page ad in every other edition of Maplewood Living (6 months), the City’s official $5,200.00 newsletter distributed to more than 17,000 homes; sponsorship of 3 eventsnewsletter distributed to more than 17,000 homes; sponsorship of 3 events TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Ad Rates for Maplewood Living Distributed to 20,000 households monthly -1/4 Page -Approximately 3.75' (w) x 4.5" Approximately 3.75' (w) x 4.5" (h) Single Run$650.00 4 Ad Package$2,500.00 6 Ad Package$3,600.00 12 Ad Package$6,600.00 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Customizable package rates: Single event*$700.00 Three event package$2,000.00 Events include: 4th of July (expected crowd 2,000 people); TouchEvents include: 4th of July (expected crowd 2,000 people); Touch--aa--Truck (up to 600 Truck (up to 600 people); Summer in the Park events (up to 400 people); other events TBDpeople); Summer in the Park events (up to 400 people); other events TBD Community DevelopmentCommunity Development2024 Permits *Stated permit fees do not include the surcharge imposed on most permits by the Stated permit fees do not include the surcharge imposed on most permits by the AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA State of Minnesota. Building Permits Based on ValuationBuilding Permits Based on Valuation Total Valuation:Total Valuation:Total Valuation: $1.00 to $500.00 $1.00 to $500.00 $1.00 to $500.00 $28.05 $501.00 to 2,000.00 $501.00 to 2,000.00 $501.00 to 2,000.00 $28.05 for the first $500.00 plus $3.62 for each additional $100.00, or fraction thereof, to and including $2,000.00 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR $2,001.00 to $25,000.00 $2,001.00 to $25,000.00 $2,001.00 to $25,000.00 $82.35 for the first $2,000.00 plus $16.42 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $25,001.00 to $50,000.00 $25,001.00 to $50,000.00 $460.01 for the first $25,000.00 plus $11.97 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $759.26 for the first $50,000.00 plus $8.36 for DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD each additional $1,000.00, or fraction thereof, to andincluding $100,000.00 $100,001.00 to $500,000.00 $1,177.26 for the first $100,000.00 plus $6.68 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,849.26 for the first $500,000.00 plus $5.57 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 December 11, 2023 City Council Meeting Minutes 7 Council Packet Page Number 8 of 223 E2 $1,000,001.00 and up $6,634.26 for the first $1,000,000.00 plus $4.46 for each additional $1,000.00, or fraction thereof Residential Electrical Permit Fee (Single family homes, apartments, and condominiums) *Residential electrical permit fees are the greater of the total inspection fee or total service and circuit calculation plus the administrative fees Inspection Fees Minimum Fee$50.00 Inspection / Reinspection Fee$50.00 per Inspection$50.00 per Inspection Residential Maximum Fee (200 amps or Less)$200.00 All Other FeesN/A New or Repair Services/Power Supply 0 to 300 amp$55.00 400 amp$71.00 Each Additional 100 amps$16.00 $16.00 Transformers and Generators 1 to10 kVA$5.00 11 to 74 kVA$45.00 75 to 299 kVA$60.00 Over 299 kVA$165.00 Feeders/Circuits 0 to 100 amps$9.00 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTT 101 to 200 amps$15.00 Each Additional 100 amps$6.00 Solar Fees 0 to 5 kw$90.00 5.1 to 10 kw$150.00 10.1 to 20 kw$225.00 20.1 to 30 kw$300.00 30.1 to 40 kw$375.00 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFF Over 40 kw$375.00 plus $25.00 for each additional 10 KW$375.00 plus $25.00 for each additional 10 KW Other Fees Residential Panel Replacement$110.00 Residential Sub Panel$45.00 Apartment Buildings$90.00 per unit Retrofit Lighting$0.85 per fixture Sign Transformer or DriverSign Transformer or Driver$9.00 per transformer Swimming Pools and Hot TubsSwimming Pools and Hot Tubs$100.00 plus $9.00 per circuit AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAA Residential additions, remodels or basement finishes (up to 10 circuits and two Residential additions, remodels or basement finishes (up to 10 circuits and two $100.00 inspections) Residential Accessory StructuresResidential Accessory Structures$55.00 plus $9.00 per circuit Traffic SignalsTraffic Signals$8.00 per standard Street Lights and Parking Lot LightsStreet Lights and Parking Lot Lights$5.00 per standard Low Voltage Fire Alarm, Heating and Air Conditioning Controlling WiringLow Voltage Fire Alarm, Heating and Air Conditioning Controlling Wiring$0.85 per device Electronic Inspection of AC, Furnace, Bath Fan, Fireplace, Water Heater Vent Electronic Inspection of AC, Furnace, Bath Fan, Fireplace, Water Heater Vent $40.00 ReceptacleReceptacle RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRR Hourly Rate for CarnivalsHourly Rate for Carnivals$90.00 Administrative FeesAdministrative Fees State SurchargeState Surcharge$1.00 Administrative FeeAdministrative Fee$9.50 CommercialElectrical Permit Fees (Based on electrical valuation)Electrical Permit Fees (Based on electrical valuation)Electrical Permit Fees (Based on electrical valuation) Electrical Work Valuation:Electrical Work Valuation:Electrical Work Valuation: DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDD $1.00 to $1,000.00 $50.00 Per trip $1,001.00 to 2,000.00 $50.00 for the first $1,000.00 plus $3.25 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $82.00 for the first $2,000.00 plus $14.85 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 December 11, 2023 City Council Meeting Minutes 8 Council Packet Page Number 9 of 223 E2 $25,001.00 to $50,000.00 $423.55 for the first $25,000.00 plus $10.70 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $691.05 for the first $50,000.00 plus $7.45 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,063.55 for the first $100,000.00 plus $6.00 for $1,063.55 for the first $100,000.00 plus $6.00 for $1,063.55 for the first $100,000.00 plus $6.00 for each additional $1,000.00, or fraction thereof, to each additional $1,000.00, or fraction thereof, to each additional $1,000.00, or fraction thereof, to and including $500,000.00and including $500,000.00and including $500,000.00 $500,001.00 to $1,000,000.00 $3,463.55 for the first $500,000.00 plus $3,463.55 for the first $500,000.00 plus $3,463.55 for the first $500,000.00 plus $5.10 for each additional $1,000.00, or fraction thereof, to each additional $1,000.00, or fraction thereof, to each additional $1,000.00, or fraction thereof, to and including $1,000,000.00and including $1,000,000.00and including $1,000,000.00 $1,000,001.00 and up $6,013.55 for the first $1,000,000.00 plus $4.00 for $6,013.55 for the first $1,000,000.00 plus $4.00 for $6,013.55 for the first $1,000,000.00 plus $4.00 for each additional $1,000.00, or fraction thereofeach additional $1,000.00, or fraction thereofeach additional $1,000.00, or fraction thereof Other CommercialElectrical fees Reinspection fee (in addition to all other fees)$50.00 Per trip$50.00 Per trip$50.00 Per trip Investigative fee (working without permit)The fee is doubledThe fee is doubledThe fee is doubled Commercial Electrical Administrative Fees State Surcharge(see State of Minnesota for surcharge based on (see State of Minnesota for surcharge based on (see State of Minnesota for surcharge based on TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT valuation) Administrative Fee$9.50 Manufactured Home Permit Fee New installation or replacement$175.00 Residential Mechanical Permit Fee Minimum fee $40.00 Gas piping –Repair or new installation $40.00 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Gas or oil fired furnace or boiler $40.00 Warm air furnace or hot water heating system Warm air furnace or hot water heating system $40.00 Construction or alt.of any warm air furnace per unit Construction or alteration of each hot Construction or alt.of any warm air furnace per unit Construction or alteration of each hot $40.00 water system Installation or replacement of each hot water system per unit Per unit heaters water system Installation or replacement of each hot water system per unit Per unit heaters based on first 100,000 BTU input Air conditioning –new or replacement new or replacement $40.00 Wood burning furnace per unit Wood burning furnace per unit $40.00 Swimming pool heater per unit Swimming pool heater per unit $40.00 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Air exchanger $40.00 Gas or oil space heater per unit Gas or oil space heater per unit $40.00 Gas direct vent heater per unit Gas direct vent heater per unit $40.00 Gas fireplace, Gas log or insert Gas fireplace, Gas log or insert $40.00 In floor Heat system In floor Heat system $40.00 Furnace$120.00 Other$40.00 Commercial Commercial Mechanical Permit FeeMechanical Permit Fee All commercial work All commercial work 1.5% of estimated job cost + $78.00 Mechanical plan reviewMechanical plan review25% of the permit fee RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Residential Plumbing Permit FeeResidential Plumbing Permit Fee Minimum fee (includes one fixture opening) Minimum fee (includes one fixture opening) $45.00 Each additional fixture openingEach additional fixture opening$10.00 Commercial Plumbing Permit FeeCommercial Plumbing Permit Fee All commercial work All commercial work 1.75% of estimated job cost Plus $91.00 Sign Permits Billboard $500.00 Dynamic Display Sign$175.00 Dynamic Display Sign Yearly License Fee$175.00 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Freestanding Sign$175.00 Temporary Sign $45.00 Wall Sign $110.00 Residential Permit Flat Fee Windows $145.00 Deck $145.00 Residential roof $145.00 Residential egress window$145.00 Residential siding $145.00 Residential Solar Permits$200.00 December 11, 2023 City Council Meeting Minutes 9 Council Packet Page Number 10 of 223 E2 Above-Ground Pools $145.00 In-Ground Pools$145.00 Drain tile $145.00 Building relocation $100.00 Miscellaneous Fees Plan Review Fee When a building permit is required and a plan is required to be submitted, a plan review Plan review fees for all buildings shall be sixty five fee shall be paid. The plan review fees specified are separate fees from the permit fees percent (65%) of the building permit fee, except as percent (65%) of the building permit fee, except as specified and are in addition to the permit fees.modified in M.S.B.Cmodified in M.S.B.C. Section 1300. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee shall be charged at the above rate. Expiration of plan review: Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Refund Fee TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT The building official may authorize refunding of any fee paid hereunder which was The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issthan 80 percent of the permit fee paid when no work has been done under a permit issued ued in accordance with this code. The building official may authorize refunding of not more in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review is done. The plan review fee has paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. filed by the original permittee not later than 180 days after the date of fee payment. FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Investigation Fee If work for which a permit is required by the code has been commenced without first If work for which a permit is required by the code has been commenced without first If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for obtaining a permit, a special investigation shall be made before a permit may be issued for obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be collected. The the work. An investigation fee, in addition to the permit fee, shall be collected. The the work. An investigation fee, in addition to the permit fee, shall be collected. The investigation fee shall be no more than the amount of the permit fee required. The investigation fee shall be no more than the amount of the permit fee required. The investigation fee shall be no more than the amount of the permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all payment of such investigation fee shall not exempt any person from compliance with all payment of such investigation fee shall not exempt any person from compliance with all AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA other provisions of the city code nor from any penalty prescribed by law. other provisions of the city code nor from any penalty prescribed by law. other provisions of the city code nor from any penalty prescribed by law. Demolition Fee Structures not connected to utilities Structures not connected to utilities $95.00 Structures connected to city utilities Structures connected to city utilities $220.00 Other Inspections and FeesOther Inspections and Fees Inspections outside of normal business hours (minimum 2 hour charge)Inspections outside of normal business hours (minimum 2 hour charge)$100.00 per hour Re-inspectioninspectionfeesfees$100.00 per hour Re-inspection fees from Health Officer on poolsinspection fees from Health Officer on pools$100.00 per hour RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Inspections with no specific fee indicated (minimum 1/2 hour charge)Inspections with no specific fee indicated (minimum 1/2 hour charge)$100.00 per hour Investigation FeeInvestigation Fee$100.00 per hour Interior Preparation feeInterior Preparation fee$100.00 Occupancy permitOccupancy permit$100.00 Replacement of inspection record cardReplacement of inspection record card$50.00 Re-issue of approved plansissue of approved plans$50.00 Housing with services inspection feeHousing with services inspection feeHousing with services inspection fee$50.00 State Surtax CollectedState Surtax Collected Permits with a flat fee$1.00 per permit Permits based on valuation DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Calculated based on the permit valuation Use of outside consultants for plan review, inspections and similar costs Actualcosts* *Actual costs include administrative and overhead costs. Miscellaneous Service Fees Abatement Fee (Community Development and Public Works)$300.00 Contractor License / Truth-in Housing Evaluator License$130.00 Trash Hauling Exemption (Opt-Out)$35.00 Tree replacement fee for trees that cannot be replaced on site$60.00 per caliper inch Truth-in-Housing Filing Fee $30.00 Reasonable Accommodation License Application$50.00 December 11, 2023 City Council Meeting Minutes 10 Council Packet Page Number 11 of 223 E2 Health Fees Restaurant Plan Review Existing restaurant$330.00 New restaurant$685.00 Lodging Plan Review 1 -15 units$200.00 16+ units$250.00 Mobile Food Unit Plan Review $250.00 Administrative Penalties First Offense Level One Violation$50.00 Level Two Violation$100.00 Level Three Violation$400.00 Second Offense (within 24 month of prior) Level One Violation$100.00 $100.00 Level Two Violation$200.00 $200.00 Level Three Violation$800.00 $800.00 $800.00 Third/Subsequent Offense (within 24 months of at least two) Level One Violation$200.00 Level Two Violation$400.00 Level Three Violation$1,000.00 Planning Fees Planning Fees TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Administrative Variance$500.00 Building Relocation$925.00 1 Comprehensive Plan Amendment$1,650.00 1,3 Conditional Use Permit (CUP)$1,650.00 1,3 CUP Revision$1,000.00 1,3 Community Garden CUP$825.00 1,3 Community Garden CUP Revision$500.00 2 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Final Plat$430.00 Front Yard Setback Authorization$500.00 Home Occupation$1,385.00 1 Lot Divisions$500.00 1,3 Planned Unit Development$2,735.00 3 Preliminary Plat$2,050.00 Preliminary Plat Revision or ExtensionPreliminary Plat Revision or ExtensionPreliminary Plat Revision or Extension$990.00 1 Public Vacation$1,200.00 1 Rezoning$1,650.00 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 1 Variance$1,385.00 Woodlot Alteration PermitWoodlot Alteration PermitWoodlot Alteration Permit$375.00 Zoning Compliance Zoning Compliance Zoning Compliance LetterLetterLetter$100.00 1County Recording Fee (In Addition to Planning Application Fee)1County Recording Fee (In Addition to Planning Application Fee)1County Recording Fee (In Addition to Planning Application Fee)$46.00 2 Plat Opinion Letter Fee (In Addition to Planning Application Fee)2 Plat Opinion Letter Fee (In Addition to Planning Application Fee)2 Plat Opinion Letter Fee (In Addition to Planning Application Fee)$200.00 3 Development Sign Fee (In Addition to Planning Application Fee)3 Development Sign Fee (In Addition to Planning Application Fee)$200.00 CommunityCommunityDesign ReviewDesign Review Commercial/MultiCommercial/Multi--familyfamily$1,650.00 Minor ConstructionMinor Construction$500.00 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR ResidentialResidential$500.00 RevisionRevision$500.00 Comprehensive Sign PlanComprehensive Sign Plan$500.00 3 Development Sign Fee (In Addition to Community Design Review Fee)Development Sign Fee (In Addition to Community Design Review Fee)Development Sign Fee (In Addition to Community Design Review Fee)$200.00 Tax-Exempt and Tax Increment Financing Feesand Tax Increment Financing Fees Tax-Exempt and Mortgage Revenue Financing Exempt and Mortgage Revenue Financing Amount paid with application (nonAmount paid with application (non-refundable)*$2,500.00 Base charge (% of bond issue) par on the first $20 million due at closingBase charge (% of bond issue) par on the first $20 million due at closing0.50% Par on portion in excess of $20 million due at closing$20 million due at closing0.10% DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Refinancing Fee 50% of the above The City will be reimbursed for any technical changes to a bond issue previously issued at 25% of the above schedule. Tax Increment Financing Application Fee (non-refundable)$6,760.00 Escrow Deposit$5,000.00 Code Enforcement Fees Excessive Consumption of Inspection Services Third Inspection$75.00 Fourth Inspection$100.00 December 11, 2023 City Council Meeting Minutes 11 Council Packet Page Number 12 of 223 E2 Each Additional Inspection$150.00 Nuisance Abatement (Community Development and Public Works) Abatement Fee $300.00 Administrative Fee25% of abatement cost Abatement Cost100% of the cost to complete the abatement Rental Licensing Fees Rental Dwelling License Annual License$150.00 plus $50.00 per unit$150.00 plus $50.00 per unit$150.00 plus $50.00 per unit First Re-Inspection$0.00 Second Re-Inspection$250.00 Third and Subsequent Re-Inspection$500.00 Sacred Community Micro-Units$50.00 per unit Finance20242024 Miscellaneous Fees Late Penalty (Utility Accounts, Abatements, False Alarms, Etc.) (One-time charge if invoice 5% is not paid within 30 days.) NSF$30.00 $30.00 $30.00 Special Assessment Certification Fee10% Credit Card Convenience Fee Credit Card Processor will charge a fee.Credit Card Processor will charge a fee.Credit Card Processor will charge a fee. Utility Rates Sewer St. Paul (100 cubic ft) (ave 22 unitsper qtr)$4.24 Other (1,000 gallons) (ave 16.5 units per qtr)$5.66 Minimum charge -quarterly$23.79 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Flat rate for well accounts $64.24 EUF Residential charge -quarterly$28.92 Discount fee for raingardens (Little Canada 70%)$20.25 Multi Family -monthly$61.27 Institutional -monthly$74.56 Commercial -monthly$95.39 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Recycling Base Quarterly charge$17.91 Additional Cart Fee per Quarter$0.00 Water Surcharge St. Paul -% of St. Paul water bill (ave $50/qtr) 22 units per quarter ave for family of 4$50/qtr) 22 units per quarter ave for family of 47.00% N. St. Paul -quarterly$3.60 Trash Hauling 20 EOW -Monthly -Rates reflect all taxes and fees and the City's $0.75 per Rates reflect all taxes and fees and the City's $0.75 per $12.96 household cart fee. AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 20 Gallon -Monthly Monthly --Rates reflect all taxes and fees and the City's $0.75 per Rates reflect all taxes and fees and the City's $0.75 per $13.50 household cart fee. 35 Gallon -Monthly Monthly --Rates reflect all taxes and fees and the City's $0.75 per Rates reflect all taxes and fees and the City's $0.75 per $16.36 household cart fee.household cart fee. 65 Gallon 65 Gallon --Monthly Monthly --Rates reflect all Rates reflect all taxes and fees and the City's $0.75 per taxes and fees and the City's $0.75 per $24.24 household cart fee.household cart fee. 95 Gallon 95 Gallon --Monthly Monthly --Rates reflect all taxes and fees and the City's $0.75 per Rates reflect all taxes and fees and the City's $0.75 per $30.72 household cart fee.household cart fee. Yard Waste Rate (per season Yard Waste Rate (per season --for residents who opt in) (no tax on for residents who opt in) (no tax on yard waste)$140.38 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Bulky Items Rates (Appliances, Electronics, Furniture, etc.) (plus tax)Bulky Items Rates (Appliances, Electronics, Furniture, etc.) (plus tax)$10-$35 FRANCHISE FEESFRANCHISE FEES Gas Utility Monthly Franchise FeeGas Utility Monthly Franchise Fee Residential$3.00 Commercial Non Demand Commercial Non Demand $12.00 Commercial Demand$100.00 Small Interruptible$75.00 Medium & Large InterruptibleMedium & Large Interruptible$110.00 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Firm Transportation$2.50 Interruptible Transportation$2.50 Electric Utility Monthly Franchise Fee Residential$3.00 Small C&I Non-Demand$4.75 Small C&I Demand$30.00 Large C&I$180.00 Public Street Lighting$4.00 Municipal Pumping Non-Demand$4.00 Municipal Pumping Demand$4.00 Cable Franchise Fee December 11, 2023 City Council Meeting Minutes 12 Council Packet Page Number 13 of 223 E2 Cable Franchise Fees -Monthly5% of gross revenue Cable PEG Fees -Monthly2% of gross revenue Parks &Natural Resources2024 Parks Wakefield Park Community Building Monday-Thursday Meeting Rates: Between 8a-4p (per hour, 2hr min)$50.00 Monday-Thursday Meeting Rates: Between 8a-4p Additional Hours (per hour)$50.00 Monday-Thursday Regular Rental: 4hrs -Resident$150.00 Monday-Thursday Regular Rental: 4hrs -Non Resident$190.00 Friday-Sunday Regular Rental: 4hrs -Resident$200.00 Friday-Sunday Regular Rental: 4hrs -Non Resident$250.00 Friday-Sunday Regular Rental: 7hrs -Resident$300.00 Friday-Sunday Regular Rental: 7hrs -Non Resident$370.00 Regular Rental Additional Hours (per hour)$75.00 Picnic Shelter Rental Applewood Park$55.00 $55.00 Hazelwood Park$55.00 $55.00 Lion's Park$55.00 $55.00 Maplewood HeightsPark$35.00 Pleasantview Park$35.00 Wakefield Park$75.00 Community Gym Rental Fees Half Court Rental (per hour per court)$40.00 Full Court Rental (per hour per court)$60.00 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTT Edgerton Community Gym 'Entire Gym Rental (8+ hour rental) per hourper hour$55.00 Field Rental Fees Hazelwood -Soccer -Full Size (per game)$65.00 Hazelwood -Soccer -Small Size$40.00 Other Locations -Soccer -Full Size$55.00 Baseball/Softball (per game)$35.00 Baseball/Softball -Tourney (per day/per field)$100.00 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFF Volleyball Tourney/Large Group Rental -Harvest, Geranium, Wakefield (per day/per park)Harvest, Geranium, Wakefield (per day/per park)$300.00 Food Vendor In Park Permit -Weekdays (per day)Weekdays (per day)$15.00 Food Vendor In Park Permit -Weekends or Holidays (per day)Weekends or Holidays (per day)$45.00 Nature Center Nature Center Program Fees Basic Program Fee per person$5.00 School Fee per child$4.00 Birthday Party Fee-up to 12 childrenup to 12 children$80.00 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAA Birthday Party Fee-up to 15 childrenup to 15 children$100.00 Basic Outreach Fee-plus mileageplus mileage$130.00 Outreach, additional shows same siteOutreach, additional shows same site--$30$30 Item Rental FeesItem Rental Fees Snowshoes-per pair, for use on siteper pair, for use on site$5.00 Room Rental FeesRoom Rental Fees Sunroom rentalSunroom rental--per hourper hour$30.00 Sunroom rental Sunroom rental --All day All day --5 hours or more5 hours or more$150.00 Touch and See Room Touch and See Room ReservationReservation--self self --guided groupsguided groups-45 minutes$50.00 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRR Community Garden Rental PlotCommunity Garden Rental Plot Rental of Garden Plot Rental of Garden Plot --Resident Raised BedResident Raised Bed$30.00 Rental of Garden Plot Rental of Garden Plot --Resident In Ground BedResident In Ground Bed$35.00 Rental of Garden Plot Rental of Garden Plot --NonNon--Resident Raised BedResident Raised Bed$35.00 Rental of Garden Plot Rental of Garden Plot --NonNon--Resident In Ground BedResident In Ground Bed$40.00 Public Safety Public Safety -Police/Fire/EMS2024 POLICE Police Reports DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDD Public traffic crash report (requester is not involved in crash)$0.50 per page Public traffic crash report (requester is involved in crash)no charge Monthly email of public traffic crash reports$30.00/month Certified copy of any report$5.00 Evidence Requests 911 Audio transcripts$50.00 deposit plus actual cost of transcription through current transcription provider and Staff time to get audio ready for transcription and December 11, 2023 City Council Meeting Minutes 13 Council Packet Page Number 14 of 223 E2 Staff time to review transcription for accuracy before release Overnight Parking Permits Permit for vehicle to be parked on a city street overnight good for no more than 365 days$50.00 per vehicle/permit Excessive Calls for Service Third and subsequent calls, within 365 days, deemed excessive by definition in ordinance$250.00 each False Alarms 1st$0.00 2nd (within 12 months of the 1st false alarm)$0.00 3rd (within 12 months of the 1st false alarm)$100.00 4th (within 12 months of the 1st false alarm)$200.00 5th (within 12 months of the 1st false alarm)$300.00 6th (within 12 months of the 1st false alarm)$400.00 7th (within 12 months of the 1st false alarm)$500.00 8th (within 12 months of the 1st false alarm)$500.00 $500.00 9th (within 12 months of the 1st false alarm)$500.00 $500.00 10th & Over (within 12 months of the 1st false alarm)$500.00 $500.00 Outside Employment Police Officers$114.15/hour$114.15/hour$114.15/hour Squad Car only available with an officerno charge Fingerprinting Each fingerprint card$20.00 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTT FIRE/EMS False Alarm Fees Commercial Commercial -1st False $0.00 Commercial -2nd False (within 12 monthsof the 1st false alarm)of the 1st false alarm)$0.00 Commercial -3rd False (within 12 months of the 1st false alarm)3rd False (within 12 months of the 1st false alarm)$200.00 Commercial -4th False (within 12 months of the 1st false alarm)4th False (within 12 months of the 1st false alarm)$300.00 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFF Commercial -5th False and more (within 12 months of the 1st false 5th False and more (within 12 months of the 1st false alarm)alarm)$400.00 Residential Residential -1st False $0.00 Residential -2nd False (within 12 months of the 1st false alarm)2nd False (within 12 months of the 1st false alarm)$0.00 Residential -3rd False (within 12 months of the 1st false alarm)3rd False (within 12 months of the 1st false alarm)$200.00 Residential -4th False (within 12 months of the 1st false alarm)months of the 1st false alarm)$300.00 Residential -5th False and more (within 12 months of the 1st false alarm)5th False and more (within 12 months of the 1st false alarm)$400.00 Ambulance Transport FeesAmbulance Transport Fees AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAA Resident ALS2 (Advanced Life Support)ALS2 (Advanced Life Support)$2,600.00 ALS (Advanced Life Support)ALS (Advanced Life Support)$2,350.00 ALS Treatment No TransportALS Treatment No Transport$1,800.00 BLS (Basic Life Support)BLS (Basic Life Support)$1,900.00 BLS (Basic Life Support) Non EmergencyBLS (Basic Life Support) Non Emergency$1,800.00 No Load$700.00 MileageMileage$26.00 NonNon--ResidentResident ALS2 (Advanced Life Support)ALS2 (Advanced Life Support)$2,900.00 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRR ALS (Advanced Life Support)ALS (Advanced Life Support)$2,700.00 BLS (Basic Life Support)BLS (Basic Life Support)$2,000.00 No Load$800.00 Mileage$28.00 Sliding Fee Schedule to Assist Those with a Financial Need Sliding Fee Schedule to Assist Those with a Financial Need Annual Income Threshold by Sliding Fee Discount Pay Class and Percent PovertyAnnual Income Threshold by Sliding Fee Discount Pay Class and Percent PovertyAnnual Income Threshold by Sliding Fee Discount Pay Class and Percent Poverty At or Below 100% of the Poverty Guideline At or Below 100% of the Poverty Guideline At or Below 100% of the Poverty Guideline -Patient Responsibility: % of 50% Total Charges * At 125% of the Poverty Guideline -Patient Responsibility: % of Total 60% DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDD Charges * At 150% of the Poverty Guideline -Patient Responsibility: % of Total 70% Charges * At 175% of the Poverty Guideline -Patient Responsibility: % of Total 80% Charges * At 200% of the Poverty Guideline -Patient Responsibility: % of Total 90% Charges * Above 200% of the Poverty Guideline -Patient Responsibility: % of Total 100% Charges * Must complete the Sliding Fee Application and submit required documentation. December 11, 2023 City Council Meeting Minutes 14 Council Packet Page Number 15 of 223 E2 Outside Employment $114.15/hour Equipment Standby -Based on FEMA's current Schedule of Equipment Rates Public Works2024 Connection Charges Sanitary Sewer Service Main Line Permit Base Fee$114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection$59.00 Sanitary Sewer Service Connection Permit New Sanitary Sewer Service $110.00 per service Disconnect or Repair$39.00 per service Septic Systems Private Individual Septic Systems$500.00 Sanitary Sewer Cash Connection Charge Residential Connection Charge $4,325.00 $4,325.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge (per front footage) Commercial Connection Charge (per front footage) $57.00 For all new connections for properties that have not been previously charged or assessed For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge = Residential for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Sewer Assessment for City Project TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Residential Sanitary Service Installed to New Main$1,530.00 Residential Sanitary Service Installed to Existing Main$2,880.00 Comm/Ind Sanitary Service Installed to New Main$20.00 cost per front footage Comm/Ind Sanitary Service Installed to Existing Main$38.00 cost per front footage Sewer Availability Charge (SAC) SAC Unit Fee (Rate Set by MCES) SAC Unit Fee (Rate Set by MCES) $2,485.00 1 SAC Unit = 1 Singlefamily dwelling (SFD) SAC Unit for all other types of developments family dwelling (SFD) SAC Unit for all other types of developments FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF total number of equivalent SFD SAC Units is determined by MCES.total number of equivalent SFD SAC Units is determined by MCES. Local SAC Fee per SFD Unit$130.00 Water System Fees Water Main Cash Connection ChargeWater Main Cash Connection Charge Residential Connection Charge Connection Charge $4,325.00 For all new connections for properties that have not previously been charged or assessed For all new connections for properties that have not previously been charged or assessed AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA for construction of the public system.for construction of the public system. Commercial Connection Charge Commercial Connection Charge $57.00 For all new connections for properties that have not previously been charged or assessed For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge = Residential for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width)Connection Charge / 75 (Average Lot Width) Water System Assessment for City ProjectWater System Assessment for City Project Residential Water Service Installed to New MainResidential Water Service Installed to New Main$1,530.00 Residential Water Service Installed to Existing MainResidential Water Service Installed to Existing Main$1,900.00 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Comm/Ind Water Service Installed to New MainComm/Ind Water Service Installed to New Main$20.00 cost per front footage Comm/Ind Water Service Installed to Existing MainComm/Ind Water Service Installed to Existing Main$25.00 cost per front footage Water AvailabilityWater AvailabilityCharge (WAC)Charge (WAC) WAC Unit Fee WAC Unit Fee $285.00 The total number of WAC units to be paid is equal to the total number of equivalent SAC The total number of WAC units to be paid is equal to the total number of equivalent SAC Units required as determined by MCES.Units required as determined by MCES. Storm Sewer System FeesStorm Sewer System Fees Storm Sewer Permit DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Private Storm Sewer Main Base Fee$114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection$59.00 Base Escrow (Cover first 10 Connections or New Structures) $300.00 Escrow released after passing inspection. Plus Additional Escrow (Per Each Additional Connection or New Structure) $30.00 Escrow released after passing inspection. Storm Sewer System Assessment for City Project Storm Drainage Improvements $1,090.00 Assessment rate will be based on independent special benefit appraisals. December 11, 2023 City Council Meeting Minutes 15 Council Packet Page Number 16 of 223 E2 Street, Driveway, and Parking Lot Fees Driveway and Parking Lot Permits Driveway Permit$28.00 Parking Lot Paving Permit ($104.00 Base Fee for 0-50,000SF)$104.00 50,000SF and greater = base fee + (SF over 50,000 x 0.002) Grading Permit, Plan Review, and InspectionFee Grading Permit, Plan Review, and Inspection Fee Based on Total Estimate Material Moved Fee based on complexity of the project, proximity to environmental sensitive areas, and scope of project. <=50 C.Y.$37.00 51 to 100 C.Y.$94.00 101 to 1000 C.Y.$94.00 plus each additional 100 C.Y.$30.00 1001 to 10,000 C.Y.$364.00 plus each additional 1000 C.Y.$23.00 $23.00 10,001 to 100,000 C.Y.$571.00 $571.00 plus each additional 10,000 C.Y.$137.00 $137.00 100,001 to 200,000 C.Y.$1,804.00 $1,804.00 plus each additional 10,000 C.Y.$77.00 200,000 C.Y. or more$2,574.00 plus each additional 10,000 C.Y.$13.00 Park Availability Charge (PAC) PAC TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTT PAC per Capita Base Unit Charge Unit Charge $1,040.00 1 SFD PAC Fee = $1040 per capita x 3.4 capita = $3540.00 per SFD1 SFD PAC Fee = $1040 per capita x 3.4 capita = $3540.00 per SFD PAC Commercial Development = % x Land MarketValue9% Right of Way Permit and Inspection Fees Contractor Yearly Registration Fee (per year)$50.00 Hole Excavation Permit Fee (per hole)$200.00 Trench Excavation Permit FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Base Fee$100.00 Plus Each Lineal Foot$60.00 Emergency Excavation Permit $100.00 Aerial/Obstruction Permit $100.00 Permit Extension Fee$35.00 Delay Penalty Fee Base Fee (up to three days late)Base Fee (up to three days late)$35.00 Plus Each Additional Day (per day)Plus Each Additional Day (per day)$10.00 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Small Cell Attached to City Infrastructure Attached to City Infrastructure --Requires contract with City to determine monthly rental Requires contract with City to determine monthly rental $130.00 fee. Non-City Infrastructure City Infrastructure --Contractor license and any additional ROW fees. Contractor license and any additional ROW fees. Contractor will need to contact infrastructure owner to determine any other fees.Contractor will need to contact infrastructure owner to determine any other fees. Engineering Review FeesEngineering Review Fees Planning and Community Development ApplicationsPlanning and Community Development Applications Planning applications and development reviews for engineering conformance to Planning applications and development reviews for engineering conformance to Staff Hourly Rate RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR engineering standards and City ordinances. Services performed by City Personnel will be engineering standards and City ordinances. Services performed by City Personnel will be hourly and applied to the application escrow. hourly and applied to the application escrow. Grading FeeGrading Fee Fee amount based on each individual site.amount based on each individual site.Varies Erosion Control EscrowErosion Control Escrow Escrow amount based on each individual site.Escrow amount based on each individual site.Varies Tree Escrow $60 per caliper inch of tree replacement required. Please see the tree standards for more $60 per caliper inch of tree replacement required. Please see the tree standards for more Varies information. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Sign Wetland Buffer$35.00 Section IV. This ordinance shall be effective January 1, 2024. Seconded by CouncilmemberJuenemannAyes – All The motion passed. December 11, 2023 City Council Meeting Minutes 16 Council Packet Page Number 17 of 223 E2 CouncilmemberCavemoved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 23-12-2265 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1041UBLICATION OF ORDINANCE NO. 1041UBLICATION OF ORDINANCE NO. 1041 BY TITLE AND SUMMARY WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and existing under the laws of Minnesota; and WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 104110411041, which creates city code to allow for a fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, Subdivision 4, allows publication by title and WHEREAS, Minnesota Statutes, § 412.191, Subdivision 4, allows publication by title and WHEREAS, Minnesota Statutes, § 412.191, Subdivision 4, allows publication by title and summary inthe case of lengthy ordinances or those containing charts or maps; andthe case of lengthy ordinances or those containing charts or maps; andthe case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 15 pages in length; andWHEREAS, the ordinance is 15 pages in length; andWHEREAS, the ordinance is 15 pages in length; and T WHEREAS, the City Council believes that the following summary would clearly inform the WHEREAS, the City Council believes that the following summary would clearly inform the WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordipublic of the intent and effect of the ordipublic of the intent and effect of the ordinances.nances.nances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. the City Clerk shall cause the following summary of Ordinance No. the City Clerk shall cause the following summary of Ordinance No. 104110411041to be published in the F official newspaper in lieu of the entire ordinance:official newspaper in lieu of the entire ordinance:official newspaper in lieu of the entire ordinance: PUBLIC NOTICEPUBLIC NOTICEPUBLIC NOTICE The City Council of the City of Maplewood has adopted Ordinance No. The City Council of the City of Maplewood has adopted Ordinance No. The City Council of the City of Maplewood has adopted Ordinance No. 1041, which creates an ordinance to allow for a fee schedule. A summary of the ordinance follows:ordinance to allow for a fee schedule. A summary of the ordinance follows:ordinance to allow for a fee schedule. A summary of the ordinance follows: A Ordinance No. Ordinance No. Ordinance No. 1041 An Ordinance Establishing a Fee Schedule for 2024An Ordinance Establishing a Fee Schedule for 2024An Ordinance Establishing a Fee Schedule for 2024 1.1.1.City Clerk FeesCity Clerk FeesCity Clerk Fees 2.2.2.ComComCommunications Feesmunications Feesmunications Fees 3.3.3.Community Development FeesCommunity Development FeesCommunity Development Fees R 4.4.4.Finance FeesFinance FeesFinance Fees 5.5.5.Parks and Recreation FeesParks and Recreation FeesParks and Recreation Fees 6.6.6.Public Safety FeesPublic Safety FeesPublic Safety Fees 7.7.7.Public Works FeesPublic Works FeesPublic Works Fees The ordinance shall be effective January 1, 2024. A full copy of the ordinance is available in the The ordinance shall be effective January 1, 2024. A full copy of the ordinance is available in the The ordinance shall be effective January 1, 2024. A full copy of the ordinance is available in the office of the city clerk, 1830 County Road B East, Maplewood, MN.office of the city clerk, 1830 County Road B East, Maplewood, MN.office of the city clerk, 1830 County Road B East, Maplewood, MN. D Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 3.Resolution Approving Annual Liquor License Renewals for 2024 December 11, 2023 City Council Meeting Minutes 17 Council Packet Page Number 18 of 223 E2 CouncilmemberCavemoved to approvethe resolution for 2024 annual liquor license renewals for Off-Sale, On-Sale, Club On-Sale, and Wine. Resolution 23-12-2266 RESOLUTIONFOR 2024 LIQUOR LICENSE RENEWALS RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale, On-Sale, Club On-Sale, and Wine Sale, and Wine Sale, and Wine Liquor licenses, having been previously duly issued by this city council, are hereby approved for renewal licenses, having been previously duly issued by this city council, are hereby approved for renewal licenses, having been previously duly issued by this city council, are hereby approved for renewal for one year, effective January 1, 2024, with approvals granted herein subject to satisfactory for one year, effective January 1, 2024, with approvals granted herein subject to satisfactory for one year, effective January 1, 2024, with approvals granted herein subject to satisfactory receipt of renewal documentation with fees submitted and subject to such terms and conditions as receipt of renewal documentation with fees submitted and subject to such terms and conditions as receipt of renewal documentation with fees submitted and subject to such terms and conditions as previously agreed to or imposed by the city council pursuant to city code section 6previously agreed to or imposed by the city council pursuant to city code section 6previously agreed to or imposed by the city council pursuant to city code section 6---130:130:130: Off-Sale 3.2 Beer Licenses Cub Foods #30244HyHyHyHyHyHy---Vee FastVee FastVee Fast& Fresh Express& Fresh Express& Fresh Express 100 County Road B West2521 White Bear Avenue North2521 White Bear Avenue North2521 White Bear Avenue North Cub Foods #31264Maplewood Holiday #3519Maplewood Holiday #3519Maplewood Holiday #3519 TTT 2390 White Bear Avenue North1285 Cope Avenue East1285 Cope Avenue East1285 Cope Avenue East Family Dollar Inc.Speedway #4022Speedway #4022Speedway #4022 1700 Rice Street North, Suite 1A1750 White Bear Avenue North1750 White Bear Avenue North1750 White Bear Avenue North Holiday Stationstore #480Speedway #4089Speedway #4089Speedway #4089 1535 Beam Avenue North11 Century Avenue South11 Century Avenue South11 Century Avenue South FFF Hy-Vee 2501 White Bear Avenue North2501 White Bear Avenue North2501 White Bear Avenue North Off-Sale Intoxicating Liquor LicensesSale Intoxicating Liquor LicensesSale Intoxicating Liquor Licenses 61 LiquorsMaplewood Liquor AAA 2700 Maplewood Drive North2700 Maplewood Drive North2700 Maplewood Drive North2950 White Bear Avenue North, Suite 2 Big Discount LiquorBig Discount LiquorBig Discount LiquorMerwin Liquors 2520 White Bear Avenue North2520 White Bear Avenue North2520 White Bear Avenue North1700 Rice Street North, Suite D Party Time Liquor Costco Wholesale #1021Costco Wholesale #1021Costco Wholesale #1021 1431 Beam Avenue East1431 Beam Avenue East1431 Beam Avenue East1835 Larpenteur Avenue East RRR Cub Discount LiquorCub Discount LiquorCub Discount LiquorRice St Liquors 100 County Road B West100 County Road B West100 County Road B West 1700 Rice Street North Unit P Happy HoursHappy HoursHappy HoursSarrack’s International Wine & Spirits 2227 White Bear Avenue North2227 White Bear Avenue North2227 White Bear Avenue North 2305 Stillwater Road East YangChi Liquor Heritage LiquorHeritage LiquorHeritage Liquor 1347 Frost Avenue East1347 Frost Avenue East1347 Frost Avenue East2728 Stillwater Road East DDD Hillside Liquor 1690 McKnight Road North, Suite B Hy-Vee Wine & Spirits 2515 White Bear Avenue North, Suite A17 & A18 December 11, 2023 City Council Meeting Minutes 18 Council Packet Page Number 19 of 223 E2 On-Sale 3.2 Beer Licenses Asia Fusion KitchenZen Ramen 1700 Rice Street North, Suite G3000 White Bear Avenue North, Suite 2 Indian Masala Taste of India 27 Century Avenue North 1745 Cope Avenue East1745 Cope Avenue East1745 Cope Avenue East Tono Pizzeria + Cheesesteaks 3088 White Bear Avenue North, Suite B On-Sale Intoxicating Liquor Licenses 5-8 Tavern & GrillMillions CrabMillions CrabMillions Crab 2289 Minnehaha Avenue East1745 Beam Avenue1745 Beam Avenue1745 Beam Avenue Mr TacoMr TacoMr Taco Acapulco Mexican Restaurant 3069 White Bear Avenue North2645 White Bear Avenue E, Unit 32645 White Bear Avenue E, Unit 32645 White Bear Avenue E, Unit 3 Myth LiveMyth LiveMyth Live Bleechers Bar & Grill 3090 Southlawn Drive North3090 Southlawn Drive North3090 Southlawn Drive North TT 2220 White Bear Avenue North Olive Garden Italian Restaurant #1200Olive Garden Italian Restaurant #1200Olive Garden Italian Restaurant #1200 Buffalo Wild Wings #118 1749 Beam Avenue East1749 Beam Avenue East1749 Beam Avenue East 3085 White Bear Avenue North Osaka Sushi & HibachiOsaka Sushi & HibachiOsaka Sushi & Hibachi Chili’s Grill & Bar 1900 County Road1900 County Road1900 County RoadD East, Suite 140 1800 Beam Avenue East FF Outback Steakhouse #2412Outback Steakhouse #2412Outback Steakhouse #2412 Crooked Pint Ale House 1770 Beam Avenue East1770 Beam Avenue East1770 Beam Avenue East 1734 Adolphus Street North1734 Adolphus Street North1734 Adolphus Street North Red Lobster Restaurant #0283Red Lobster Restaurant #0283Red Lobster Restaurant #0283 Eurest Dining ServicesEurest Dining ServicesEurest Dining Services 2925 White Bear Avenue North2925 White Bear Avenue North2925 White Bear Avenue North 2350 Minnehaha Avenue East, Building 2782350 Minnehaha Avenue East, Building 2782350 Minnehaha Avenue East, Building 278 T.G.I. Friday’s #472 Goodrich Golf CourseGoodrich Golf CourseGoodrich Golf Course 3087 White Bear Avenue North AA 1820 North Van Dyke North1820 North Van Dyke North1820 North Van Dyke North The Dog House Bar & Grill Groceries & Nepali KitchenGroceries & Nepali KitchenGroceries & Nepali Kitchen 2029 Woodlynn Avenue East 1700 Rice Street North, Suite J1700 Rice Street North, Suite J1700 Rice Street North, Suite J Tokyo Sushi – All You Can Eat Johnny Kitchen & BarJohnny Kitchen & BarJohnny Kitchen & Bar 1935 Beam Avenue East, Suite 103 1900 County Road D East, Suite 1351900 County Road D East, Suite 1351900 County Road D East, Suite 135 Unison Restaurant & Banquet RR Lancer Food & BeverageLancer Food & BeverageLancer Food & Beverage 1800 White Bear Avenue North, Suite A & B 2166 Maplewood Drive North2166 Maplewood Drive North2166 Maplewood Drive North McCarron’s Pub and GrillMcCarron’s Pub and GrillMcCarron’s Pub and Grill 1986 Rice Street North1986 Rice Street North1986 Rice Street North On-Sale Wine/Strong Beer LicensesSale Wine/Strong Beer LicensesSale Wine/Strong Beer Licenses DD Asia Fusion KitchenTono Pizzeria + Cheesesteaks 1700 Rice Street North, Suite G3088 White Bear Avenue North, Suite B Indian MasalaZen Ramen 27 Century Avenue North 3000 White Bear Avenue North, Suite 2 Taste of India 1745 Cope Avenue East December 11, 2023 City Council Meeting Minutes 19 Council Packet Page Number 20 of 223 E2 Club On-Sale Licenses Maplewood Moose Lodge 1832 Gervais Court East Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 4.Off-Sale Intoxicating Liquor License for Hillside Liquor, 1690 McKnight Road N, Sale Intoxicating Liquor License for Hillside Liquor, 1690 McKnight Road N, Sale Intoxicating Liquor License for Hillside Liquor, 1690 McKnight Road N, Suite B CouncilmemberCavemoved to approve the Off-Sale Intoxicating Liquor license for Hillside Intoxicating Liquor license for Hillside Intoxicating Liquor license for Hillside Liquor, located at 1690 McKnight Rd North, Suite B. Seconded by CouncilmemberJuenemann AyesAyesAyes – – – AllAllAll The motion passed. TTTTTTT 5.2024 City Council Meeting Calendar2024 City Council Meeting Calendar2024 City Council Meeting Calendar CouncilmemberCavemoved to approve the 2024 city counciloved to approve the 2024 city counciloved to approve the 2024 city councilmeeting calendar with the meeting calendar with the meeting calendar with the meetings on the second and fourth Mondays with the exceptions of moving the May 27 meetings on the second and fourth Mondays with the exceptions of moving the May 27 meetings on the second and fourth Mondays with the exceptions of moving the May 27 meeting to May 28, moving the November 11 meeting to November 12 and cancelling the meeting to May 28, moving the November 11 meeting to November 12 and cancelling the meeting to May 28, moving the November 11 meeting to November 12 and cancelling the FFFFFFF December 23 meeting. Seconded by CouncilmemberSeconded by CouncilmemberSeconded by CouncilmemberJuenemannJuenemannJuenemann AyeAyeAyes – s – s – All The motion passed.The motion passed.The motion passed. AAAAAAA 6.Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21-06 a.Resolution Directing Modification of Existing Construction Contract, Resolution Directing Modification of Existing Construction Contract, Resolution Directing Modification of Existing Construction Contract, Change Order No.1Change Order No.1Change Order No.1 b.b.b.Resolution Directing Final Payment and Acceptance of ProjectResolution Directing Final Payment and Acceptance of ProjectResolution Directing Final Payment and Acceptance of Project CouncilmemberCouncilmemberCouncilmemberCaCaCavevevemmmoved to approve oved to approve oved to approve the resolution directing modification of existing construction contractconstruction contractconstruction contract. . . RRRRRRR Resolution 23-12-2267 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT,DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT,DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, PROJECT 21-06, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, MinnesotaWHEREAS, the City Council of Maplewood, MinnesotaWHEREAS, the City Council of Maplewood, Minnesotahas heretofore ordered the Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21-06, and has let a construction contract pursuant DDDDDDD to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Cope Avenue Improvements, City Project 21-06, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that December 11, 2023 City Council Meeting Minutes Council Packet Page Number 21 of 223 20 E2 1.The Mayor, City Manager, and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $36,784.06. The revised contract amount is $3,782,790.54 Seconded by CouncilmemberJuenemannAyes – All The motion passed. oved to approve the resolution directing final payment and directing final payment and directing final payment and CouncilmemberCavem acceptance of project for the Cope Avenue Improvements, City Project 21acceptance of project for the Cope Avenue Improvements, City Project 21acceptance of project for the Cope Avenue Improvements, City Project 21---060606. . . Resolution 23-12-226822682268 DIRECTING FINAL PAYMENT AND ACCEPTANCE OFDIRECTING FINAL PAYMENT AND ACCEPTANCE OFDIRECTING FINAL PAYMENT AND ACCEPTANCE OFCOPE AVENUECOPE AVENUECOPE AVENUE IMPROVEMENTS, CITY PROJECT 21IMPROVEMENTS, CITY PROJECT 21IMPROVEMENTS, CITY PROJECT 21---060606 TTTTTTT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21---06, and has let a construction contract, and06, and has let a construction contract, and06, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the WHEREAS, the City Engineer for the City of Maplewood has determined that the WHEREAS, the City Engineer for the City of Maplewood has determined that the Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21Cope Avenue Improvements, City Project 21---06, is comp06, is comp06, is complete and recommends acceptance of lete and recommends acceptance of lete and recommends acceptance of the project. FFFFFFF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 21-06 is complete and maintenance of the improvements are accepted by the 06 is complete and maintenance of the improvements are accepted by the 06 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $3,782,790.54. Final payment to Park Construction and City; the final construction cost is $3,782,790.54. Final payment to Park Construction and City; the final construction cost is $3,782,790.54. Final payment to Park Construction and AAAAAAA the release of any retainage or escrow is hereby authorized.the release of any retainage or escrow is hereby authorized.the release of any retainage or escrow is hereby authorized. Seconded by CouncilmemberSeconded by CouncilmemberSeconded by CouncilmemberJuenemannJuenemannJuenemannAyes – All The motion passed.The motion passed.The motion passed. 7.7.7.Metropolitan Livable Communities Act Grant Agreement, Rice Street GardenMetropolitan Livable Communities Act Grant Agreement, Rice Street GardenMetropolitan Livable Communities Act Grant Agreement, Rice Street Gardens, RRRRRRR 1958 Rice Street North1958 Rice Street North1958 Rice Street North oved to approve the Metropolitan Livable Communities Act Grant oved to approve the Metropolitan Livable Communities Act Grant oved to approve the Metropolitan Livable Communities Act Grant CouncilmemberCouncilmemberCouncilmemberCaveCaveCavemmm agreement with the Metropolitan Council and authorize the mayor and city manager to agreement with the Metropolitan Council and authorize the mayor and city manager to agreement with the Metropolitan Council and authorize the mayor and city manager to execute the documentexecute the documentexecute the document. Seconded by CouncilmemberSeconded by CouncilmemberSeconded by CouncilmemberJuenemannAyes – All DDDDDDD The motion passed. 8.Agreements for Minnesota Department of Employment and Economic Development’s Contamination Cleanup Grant, 1910 County Road C East December 11, 2023 City Council Meeting Minutes Council Packet Page Number 22 of 223 21 E2 CouncilmemberCavemoved to approve and authorize the mayor and city manager to execute agreements with the Minnesota Department of Employment and Economic Development and Caretta Senior Living Maplewood, LLC for a $727,916 Contamination Cleanup Grant. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 9.Conditional Use Permit Review, Multifamily Residential Project, 1136 and 1160 Conditional Use Permit Review, Multifamily Residential Project, 1136 and 1160 Conditional Use Permit Review, Multifamily Residential Project, 1136 and 1160 Frost Avenue East CouncilmemberCavemoved to approve the CUP review for the Multifamily Residential oved to approve the CUP review for the Multifamily Residential oved to approve the CUP review for the Multifamily Residential Project at 1136 and 1160 Frost Avenue East and review again in one yearProject at 1136 and 1160 Frost Avenue East and review again in one yearProject at 1136 and 1160 Frost Avenue East and review again in one year. . . Seconded by CouncilmemberJuenemannAyesAyesAyes – – – AllAllAll The motion passed. TTTTTTT 10.Call for Special Meeting of the City Council on December 18, 2023 Regarding CityCall for Special Meeting of the City Council on December 18, 2023 Regarding CityCall for Special Meeting of the City Council on December 18, 2023 Regarding City Manager Replacement CouncilmemberCavemoved to call a special meeting of the City Council on December 18, oved to call a special meeting of the City Council on December 18, oved to call a special meeting of the City Council on December 18, 2023, at 5:30 pm in the City Council Chambers for the purpose of considering replacement of 2023, at 5:30 pm in the City Council Chambers for the purpose of considering replacement of 2023, at 5:30 pm in the City Council Chambers for the purpose of considering replacement of FFFFFFF the City Manager. Seconded by CouncilmemberSeconded by CouncilmemberSeconded by CouncilmemberJuenemannJuenemannJuenemannAyesAyesAyes – – – All The motion passed.The motion passed.The motion passed. AAAAAAA 11.Resolution Accepting Donation from Calvary ChurchResolution Accepting Donation from Calvary ChurchResolution Accepting Donation from Calvary Church oved to oved to oved to approve the approve the approve the resolutionaccepting the donation from Calvary Councilmember Councilmember Councilmember CaCaCavevevemmm ChurchChurchChurch. . . Resolution 23Resolution 23Resolution 23-12-2269 ACCEPTING A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENTACCEPTING A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENTACCEPTING A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT RRRRRRR WHEREAS, Calvary Church has presented to the Maplewood Public Safety WHEREAS, Calvary Church has presented to the Maplewood Public Safety WHEREAS, Calvary Church has presented to the Maplewood Public Safety Department a donation in the amount of $4,500.00; andDepartment a donation in the amount of $4,500.00; andDepartment a donation in the amount of $4,500.00; and WHEREAS, this donation is intended for the purpose of Public Safety employees to WHEREAS, this donation is intended for the purpose of Public Safety employees to WHEREAS, this donation is intended for the purpose of Public Safety employees to distribute $50 gift cards to families in need this holiday season; anddistribute $50 gift cards to families in need this holiday season; anddistribute $50 gift cards to families in need this holiday season; and DDDDDDD WHEREAS, the Maplewood City Council is appreciative of the donation and commends Calvary Church for their civic efforts, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1.The donation is accepted and acknowledged with gratitude; and December 11, 2023 City Council Meeting Minutes Council Packet Page Number 23 of 223 22 E2 2.The donation will be appropriated for the Public Safety Department as designated. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with If you are here for a Public Hearing please familiarize yourself with If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the addressing the council. At the podium please state your name and address clearly for the addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.direct staff, as appropriate, to answer questions or respond to comments.direct staff, as appropriate, to answer questions or respond to comments. 1.Truth in Taxation a.Public Hearing b.Resolution Certifying Property Taxes Payable in 2024Resolution Certifying Property Taxes Payable in 2024Resolution Certifying Property Taxes Payable in 2024 c.Resolution Adopting the Budget and Financial Policies for 2024 and theResolution Adopting the Budget and Financial Policies for 2024 and theResolution Adopting the Budget and Financial Policies for 2024 and the Capital Improvement Plan for 2024Capital Improvement Plan for 2024Capital Improvement Plan for 2024---202820282028 TTTTTTTTTT City Manager Coleman providedbackground information on thbackground information on thbackground information on the item.e item.e item. Finance Director Rueb Finance Director Rueb Finance Director Rueb gave the presentation. Mayor Abrams opened public hearing. The following people spoke:Mayor Abrams opened public hearing. The following people spoke:Mayor Abrams opened public hearing. The following people spoke: None FFFFFFFFFF Mayor Abrams closed the public hearing.Mayor Abrams closed the public hearing.Mayor Abrams closed the public hearing. Councilmembers shared comments.Councilmembers shared comments.Councilmembers shared comments. CouncilmemberCouncilmemberCouncilmemberLeeLeeLeemmmovovoved to approve the ed to approve the ed to approve the resolution resolution resolution certifying property taxes payable in AAAAAAAAAA 2024. Resolution 23Resolution 23Resolution 23-12-2270 CERTIFYING PROPERTY TAXES PAYABLE IN 2024CERTIFYING PROPERTY TAXES PAYABLE IN 2024CERTIFYING PROPERTY TAXES PAYABLE IN 2024 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that:BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that:BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that: The following amounts are levied for property taxes payable in 2024,The following amounts are levied for property taxes payable in 2024,The following amounts are levied for property taxes payable in 2024,upon the net tax capacity RRRRRRRRRR in the City of Maplewood, for the following purposes:in the City of Maplewood, for the following purposes:in the City of Maplewood, for the following purposes: GENERAL FUNDGENERAL FUNDGENERAL FUND$21,374,832 DEBT SERVICE FUNDSDEBT SERVICE FUNDSDEBT SERVICE FUNDS4,925,091 CAPITAL IMPROVEMENT CAPITAL IMPROVEMENT CAPITAL IMPROVEMENT FUND394,000 BUILDING FUNDBUILDING FUNDBUILDING FUND300,000 PUBLIC SAFETY EQUIPMPUBLIC SAFETY EQUIPMPUBLIC SAFETY EQUIPMENT FUND 300,000 DDDDDDDDDD POLICE PUBLIC SAFETY EQUIPMENT FUND 400,000 FIRE COMMUNITY CENTER FUND220,000 ENTERPRISE FUND –AMBULANCE 376,034 SERVICES December 11, 2023 City Council Meeting Minutes Council Packet Page Number 24 of 223 23 E2 TOTAL NET TAX CAPACITY LEVY$28,289,957 BE IT FURTHER RESOLVED that the scheduled debt service levies are adjusted for other revenue sources as follows for a total debt service levy of $4,925,091. TTTTT FFFFF Seconded by CouncilmemberSeconded by CouncilmemberSeconded by CouncilmemberCaveCaveCaveAyesAyesAyes – – – AllAllAll The motion passed.The motion passed.The motion passed. CouncilmemberCouncilmemberCouncilmemberCaCaCavevevemmmoved to approve the resolution adopting the budget and financial oved to approve the resolution adopting the budget and financial oved to approve the resolution adopting the budget and financial AAAAA policies for 2024, and the capital improvement planpolicies for 2024, and the capital improvement planpolicies for 2024, and the capital improvement planfor 2024-2028. Resolution 23Resolution 23Resolution 23-12-2271 ADOPTING THE BUDGET AND FINANCIAL POLICIES FOR 2024 ADOPTING THE BUDGET AND FINANCIAL POLICIES FOR 2024 ADOPTING THE BUDGET AND FINANCIAL POLICIES FOR 2024 AND THE CAPITAL IMPROVEMENT PLAN FOR 2024AND THE CAPITAL IMPROVEMENT PLAN FOR 2024AND THE CAPITAL IMPROVEMENT PLAN FOR 2024-2028 BE IT RESOLVEDBE IT RESOLVEDBE IT RESOLVEDby the City Council of the City of Maplewood, Minnesota that a by the City Council of the City of Maplewood, Minnesota that a by the City Council of the City of Maplewood, Minnesota that a RRRRR budget for 2024 is hereby adopted as summarized below:budget for 2024 is hereby adopted as summarized below:budget for 2024 is hereby adopted as summarized below: Revenues:Revenues:Revenues: DDDDD December 11, 2023 City Council Meeting Minutes Council Packet Page Number 25 of 223 24 E2 Expenditures: TTT FFF Other Financing Sources/Uses (Net):Other Financing Sources/Uses (Net):Other Financing Sources/Uses (Net): AAA RRR BE IT FURTHER RESOLVED that the 2024BE IT FURTHER RESOLVED that the 2024BE IT FURTHER RESOLVED that the 2024-2028 Capital Improvement Plan, with projects totaling $62,972,442, is hereby adopted.projects totaling $62,972,442, is hereby adopted.projects totaling $62,972,442, is hereby adopted. BE IT FURTHER RESOLVED that the 2024 Financial Management Policies, as BE IT FURTHER RESOLVED that the 2024 Financial Management Policies, as BE IT FURTHER RESOLVED that the 2024 Financial Management Policies, as included in the budget document and attached below, will supersede all existing policies and included in the budget document and attached below, will supersede all existing policies and included in the budget document and attached below, will supersede all existing policies and DDD are hereby adopted. BE IT FURTHER RESOLVED that budgets for public improvements will be amended when the Council approves the project and establishes the budget for the project. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 26 of 223 25 E2 BE IT FURTHER RESOLVED that the budgets for Governmental Funds are adopted for financial reporting and management control and the budgets for all other funds are adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a fund shall only require the approval of the City Manager or designee. accounts within a fund shall only require the approval of the City Manager or designee. accounts within a fund shall only require the approval of the City Manager or designee. However, City Council approval is required for transfers between funds and from contingencyHowever, City Council approval is required for transfers between funds and from contingencyHowever, City Council approval is required for transfers between funds and from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or BE IT FURTHER RESOLVED that all appropriations which are not encumbered or BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the expended at the end of the fiscal year shall lapse and shall become part of the expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year, except unencumbered fund balance which may be appropriated for the next fiscal year, except unencumbered fund balance which may be appropriated for the next fiscal year, except appropriations for capital improvement projects which will not lapse until the project is ropriations for capital improvement projects which will not lapse until the project is ropriations for capital improvement projects which will not lapse until the project is completed or canceled by the City Council. Seconded by CouncilmemberJuenemannAyesAyesAyes – – – AllAllAll The motion passed. TTTTT 2.Achieve Language Academy ProjectAchieve Language Academy ProjectAchieve Language Academy Project a.Public Hearing b.Resolution Authorizing the Issuance, Sale, andResolution Authorizing the Issuance, Sale, andResolution Authorizing the Issuance, Sale, andDelivery of CharterDelivery of CharterDelivery of Charter School Lease Revenue and Refunding Notes and Approving the FormsSchool Lease Revenue and Refunding Notes and Approving the FormsSchool Lease Revenue and Refunding Notes and Approving the Forms of and Authorizing the Execution and Delivery of the Notes and Related of and Authorizing the Execution and Delivery of the Notes and Related of and Authorizing the Execution and Delivery of the Notes and Related FFFFF Documents Finance Director Rueb gave the staff reporFinance Director Rueb gave the staff reporFinance Director Rueb gave the staff reporFinance Director Rueb gave the staff reporFinance Director Rueb gave the staff reporFinance Director Rueb gave the staff report. t. t. LiLiLibbybbybbyKantner,Kantner,Kantner, Associate Associate Associate with Kennedy & Graven, provided additional information.provided additional information.provided additional information. Mayor Abrams opened public hearing. The following people spoke:Mayor Abrams opened public hearing. The following people spoke:Mayor Abrams opened public hearing. The following people spoke: AAAAA Justin Fincher, with JB VangJustin Fincher, with JB VangJustin Fincher, with JB Vang – – – 1335 Pierce Butler Route, St Paul1335 Pierce Butler Route, St Paul1335 Pierce Butler Route, St Paul Mayor Abrams closed the public Mayor Abrams closed the public Mayor Abrams closed the public hearing.hearing.hearing. moved to moved to moved to adopt the resolution authorizing the issuance, sale, CouncilmemberCouncilmemberCouncilmemberJuenemJuenemJuenemannannann and delivery of charter school lease revenue and refunding notes and approving the forms of and delivery of charter school lease revenue and refunding notes and approving the forms of and delivery of charter school lease revenue and refunding notes and approving the forms of RRRRR and authorizing the execution and delivery of the notes and related and authorizing the execution and delivery of the notes and related and authorizing the execution and delivery of the notes and related documents (Achieve Language Academy Project).Language Academy Project).Language Academy Project). Resolution 23-12-2272 RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CHARTER RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CHARTER RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CHARTER SCHOOL LEASE REVENUE AND REFUNDING NOTES AND APPROVING THE FORMS SCHOOL LEASE REVENUE AND REFUNDING NOTES AND APPROVING THE FORMS SCHOOL LEASE REVENUE AND REFUNDING NOTES AND APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTES AND DDDDD RELATED DOCUMENTS (ACHIEVE LANGUAGE ACADEMY PROJECT) WHEREAS, the City of Maplewood, Minnesota (the “City”) is a statutory city, municipal corporation, and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota. Pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the “Act”), the City is authorized to issue revenue obligations to (i) finance or refinance, in whole or in part, the cost of the acquisition, December 11, 2023 City Council Meeting Minutes Council Packet Page Number 27 of 223 26 E2 construction, reconstruction, improvement, betterment, or extension of a “project,” defined in the Act, in part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, or any combination of two or more such enterprises engaged in any business, and (ii) pay, purchase, or discharge all or any part of the outstanding indebtedness of a qualifying organization previously incurred in the acquisition or betterment of its existing facilities to the extent deemed necessary by the City Council of the City;of its existing facilities to the extent deemed necessary by the City Council of the City;of its existing facilities to the extent deemed necessary by the City Council of the City; WHEREAS, in accordance with MinnesotaStatutes, Section 471.656, as amended, a Statutes, Section 471.656, as amended, a Statutes, Section 471.656, as amended, a municipality is authorized to issue obligations to finance the acquisition or improvement of municipality is authorized to issue obligations to finance the acquisition or improvement of municipality is authorized to issue obligations to finance the acquisition or improvement of real property located outside of the corporate boundaries of such municipality if the governing real property located outside of the corporate boundaries of such municipality if the governing real property located outside of the corporate boundaries of such municipality if the governing body of the city in whichthe property is located consents by resolution to the issuance of the property is located consents by resolution to the issuance of the property is located consents by resolution to the issuance of such obligations; and WHEREAS, Section 469.155, subd. 12 of the Act authorizes a municipality to issue WHEREAS, Section 469.155, subd. 12 of the Act authorizes a municipality to issue WHEREAS, Section 469.155, subd. 12 of the Act authorizes a municipality to issue revenue bonds to refund bonds previously issued by another municipality but only with the revenue bonds to refund bonds previously issued by another municipality but only with the revenue bonds to refund bonds previously issued by another municipality but only with the consent of the original issuer of such bonds; and WHEREAS, Achieve Language Academy Building Company, a Minnesota nonprofit WHEREAS, Achieve Language Academy Building Company, a Minnesota nonprofit WHEREAS, Achieve Language Academy Building Company, a Minnesota nonprofit T corporation (the “Company”), owns the schoolhouse building and related facilities located at corporation (the “Company”), owns the schoolhouse building and related facilities located at corporation (the “Company”), owns the schoolhouse building and related facilities located at 2169 Stillwater Avenue in the City of Saint Paul, Minnesota (the “School Facility”) and leases 2169 Stillwater Avenue in the City of Saint Paul, Minnesota (the “School Facility”) and leases 2169 Stillwater Avenue in the City of Saint Paul, Minnesota (the “School Facility”) and leases the School Facility to Achieve Language Academy, a Minnesota nonprofit corporation (the the School Facility to Achieve Language Academy, a Minnesota nonprofit corporation (the the School Facility to Achieve Language Academy, a Minnesota nonprofit corporation (the “School”), pursuant to a lease agreement by and between the Company and the School, for “School”), pursuant to a lease agreement by and between the Company and the School, for “School”), pursuant to a lease agreement by and between the Company and the School, for the operation bythe School of a public charter school facility for prethe School of a public charter school facility for prethe School of a public charter school facility for pre---kindergarten through kindergarten through kindergarten through eighth grade; F WHEREAS, the Company has requested that the City issue its Charter School Lease WHEREAS, the Company has requested that the City issue its Charter School Lease WHEREAS, the Company has requested that the City issue its Charter School Lease Revenue Notes (Achieve Language Academy Project), SeriesRevenue Notes (Achieve Language Academy Project), SeriesRevenue Notes (Achieve Language Academy Project), Series2023, in one or more series, in the original aggregate principal amount not to exceed $10,000,000 (collectively, the “Notes”), the original aggregate principal amount not to exceed $10,000,000 (collectively, the “Notes”), the original aggregate principal amount not to exceed $10,000,000 (collectively, the “Notes”), and loan the proceeds derived from the sale of the Notes to the Company pursuant to a Loan and loan the proceeds derived from the sale of the Notes to the Company pursuant to a Loan and loan the proceeds derived from the sale of the Notes to the Company pursuant to a Loan Agreement, to be dated on or after December 1, 2023 (the “Loan Agreement”), between the Agreement, to be dated on or after December 1, 2023 (the “Loan Agreement”), between the Agreement, to be dated on or after December 1, 2023 (the “Loan Agreement”), between the A City and the Company, to (i) refund the TaxCity and the Company, to (i) refund the TaxCity and the Company, to (i) refund the Tax---Exempt Revenue Note (Achieve Language Exempt Revenue Note (Achieve Language Exempt Revenue Note (Achieve Language Academy Project), Series 2013Academy Project), Series 2013Academy Project), Series 2013---5 (the “Series 2013 Note”), previously issued by the Port 5 (the “Series 2013 Note”), previously issued by the Port 5 (the “Series 2013 Note”), previously issued by the Port Authority of the City of Saint Paul (the “Port Authority”) in the original principal amount of Authority of the City of Saint Paul (the “Port Authority”) in the original principal amount of Authority of the City of Saint Paul (the “Port Authority”) in the original principal amount of $4,462,500, and a taxable obligation of the Borrower (together, the “Prior Obligations”) $4,462,500, and a taxable obligation of the Borrower (together, the “Prior Obligations”) $4,462,500, and a taxable obligation of the Borrower (together, the “Prior Obligations”) incurred in the acquisition or betterment of the School Facility, and thereby refinance the incurred in the acquisition or betterment of the School Facility, and thereby refinance the incurred in the acquisition or betterment of the School Facility, and thereby refinance the acquisition, renovation, construction, andacquisition, renovation, construction, andacquisition, renovation, construction, andequipping thereof; (ii) finance the renovation of, and an approximately 12,000 squarean approximately 12,000 squarean approximately 12,000 square---foot addition to, the School Facility; (iii) fund a debt service foot addition to, the School Facility; (iii) fund a debt service foot addition to, the School Facility; (iii) fund a debt service R reserve fund, if necessary; (iv) pay a portion of the interest on the Notes, if necessary; and (v) reserve fund, if necessary; (iv) pay a portion of the interest on the Notes, if necessary; and (v) reserve fund, if necessary; (iv) pay a portion of the interest on the Notes, if necessary; and (v) pay the costs of issuing the Notes, if necessary (the “Project”);pay the costs of issuing the Notes, if necessary (the “Project”);pay the costs of issuing the Notes, if necessary (the “Project”); WHEREAS, the proceeds of the Series 2013 Note were used to refund the Lease WHEREAS, the proceeds of the Series 2013 Note were used to refund the Lease WHEREAS, the proceeds of the Series 2013 Note were used to refund the Lease Revenue Refunding Bonds (Achieve Language Academy Project), Series 2003A (the “Series Revenue Refunding Bonds (Achieve Language Academy Project), Series 2003A (the “Series Revenue Refunding Bonds (Achieve Language Academy Project), Series 2003A (the “Series 2003A Bonds”), previously issued by the Housing and Redevelopment Authority of the City of 2003A Bonds”), previously issued by the Housing and Redevelopment Authority of the City of 2003A Bonds”), previously issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the “HRA”) in the original principal amount of $6,485,000;Saint Paul, Minnesota (the “HRA”) in the original principal amount of $6,485,000;Saint Paul, Minnesota (the “HRA”) in the original principal amount of $6,485,000; D WHEREAS, the proceeds of the Series 2003A Bonds were applied to finance the costs of constructing and equipping an expansion of the School Facility and to refund the Lease Revenue Bonds (Acorn Dual Language Community Academy Project) Series 1999, previously issued by the HRA in the original aggregate principal amount of $2,000,000 to finance the School Facility; December 11, 2023 City Council Meeting Minutes Council Packet Page Number 28 of 223 27 E2 WHEREAS, the School Facility will continue to be owned by the Borrower and leased to and operated by School. The Notes are proposed to be purchased by Northeast Bank, a Minnesota state banking corporation (the “Lender”); WHEREAS, the loan repayments to be made by the Company under the Loan Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium, Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium, Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Notes when due. The City will assign its rights to the basic if any, and interest on the Notes when due. The City will assign its rights to the basic if any, and interest on the Notes when due. The City will assign its rights to the basic payments and certain other rights under the Loan Agreement to the Lender (not including payments and certain other rights under the Loan Agreement to the Lender (not including payments and certain other rights under the Loan Agreement to the Lender (not including certain unassigned rights of the City, including those related to indemnification and certain unassigned rights of the City, including those related to indemnification and certain unassigned rights of the City, including those related to indemnification and reimbursement for costs and expenses), pursuant to the terms of an Assignment of Loan reimbursement for costs and expenses), pursuant to the terms of an Assignment of Loan reimbursement for costs and expenses), pursuant to the terms of an Assignment of Loan Agreement, to be dated on orafter December 1, 2023 (the “Assignment of Loan after December 1, 2023 (the “Assignment of Loan after December 1, 2023 (the “Assignment of Loan Agreement”), between the City, the Company, and the Lender. The Company’s obligation to Agreement”), between the City, the Company, and the Lender. The Company’s obligation to Agreement”), between the City, the Company, and the Lender. The Company’s obligation to make loan repayments under the Loan Agreement will be secured by: (i) a Combination make loan repayments under the Loan Agreement will be secured by: (i) a Combination make loan repayments under the Loan Agreement will be secured by: (i) a Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statements from Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statements from Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statements from the Company to the Lender, to be dated on or after December 1, 2023 (the “Mortgage”); (ii) the Company to the Lender, to be dated on or after December 1, 2023 (the “Mortgage”); (ii) the Company to the Lender, to be dated on or after December 1, 2023 (the “Mortgage”); (ii) an Assignment of Lease, to be dated on or after December 1, 2023, from the Company to the an Assignment of Lease, to be dated on or after December 1, 2023, from the Company to the an Assignment of Lease, to be dated on or after December 1, 2023, from the Company to the Lender and consentedto by the School (the “Assignment of Lease”); (iii) a Pledge and to by the School (the “Assignment of Lease”); (iii) a Pledge and to by the School (the “Assignment of Lease”); (iii) a Pledge and Covenant Agreement, to be dated on or after December 1, 2023, between the School and Covenant Agreement, to be dated on or after December 1, 2023, between the School and Covenant Agreement, to be dated on or after December 1, 2023, between the School and T the Lender (the “Pledge Agreement”), pledging certain revenues of the School to the Lender, the Lender (the “Pledge Agreement”), pledging certain revenues of the School to the Lender, the Lender (the “Pledge Agreement”), pledging certain revenues of the School to the Lender, including money due to the School from the State of Minnesota Lease Aid Payment Program; including money due to the School from the State of Minnesota Lease Aid Payment Program; including money due to the School from the State of Minnesota Lease Aid Payment Program; and (iv) other security provided or arranged by the Company or the School;and (iv) other security provided or arranged by the Company or the School;and (iv) other security provided or arranged by the Company or the School; WHEREAS, the proceeds of the Notes will be disbursed by the Lender to the WHEREAS, the proceeds of the Notes will be disbursed by the Lender to the WHEREAS, the proceeds of the Notes will be disbursed by the Lender to the Company pursuant to the Loan Company pursuant to the Loan Company pursuant to the Loan Agreement;Agreement;Agreement; F WHEREAS, forms of the following documents have been submitted to the City and WHEREAS, forms of the following documents have been submitted to the City and WHEREAS, forms of the following documents have been submitted to the City and are now on file with the City: (i) forms of the Notes; (ii)are now on file with the City: (i) forms of the Notes; (ii)are now on file with the City: (i) forms of the Notes; (ii)the Loan Agreement; (iii)the Loan Agreement; (iii)the Loan Agreement; (iii)the Assignment of Loan Agreement; (iv) the Mortgage; (v) the Assignment of Lease; and (vi) the Assignment of Loan Agreement; (iv) the Mortgage; (v) the Assignment of Lease; and (vi) the Assignment of Loan Agreement; (iv) the Mortgage; (v) the Assignment of Lease; and (vi) the Pledge Agreement;Pledge Agreement;Pledge Agreement; A WHEREAS, the Company and the School have both represented to the City that they WHEREAS, the Company and the School have both represented to the City that they WHEREAS, the Company and the School have both represented to the City that they are exempt from federal income taxation under Sectionare exempt from federal income taxation under Sectionare exempt from federal income taxation under Section501(a) of the Internal Revenue Code of 1986, as amended (the “Code”), as a result of the application of Sectionof 1986, as amended (the “Code”), as a result of the application of Sectionof 1986, as amended (the “Code”), as a result of the application of Section501(c)(3) of the Code;Code;Code; WHEREAS, pursuant to Section 147(f) of the Code and regulations promulgated WHEREAS, pursuant to Section 147(f) of the Code and regulations promulgated WHEREAS, pursuant to Section 147(f) of the Code and regulations promulgated thereunder, the Notes may not be issued as taxthereunder, the Notes may not be issued as taxthereunder, the Notes may not be issued as tax-exempt bonds unless the City Council of the R City and the City Council of the City City and the City Council of the City City and the City Council of the City of Saint Paul, Minnesota (the “Host City”) each approves the Notes after conducting a public hearing thereon, and Section 469.154, subdivision 4 of the Notes after conducting a public hearing thereon, and Section 469.154, subdivision 4 of the Notes after conducting a public hearing thereon, and Section 469.154, subdivision 4 of the Act requires that prior to submitting an application to the Minnesota Department of the Act requires that prior to submitting an application to the Minnesota Department of the Act requires that prior to submitting an application to the Minnesota Department of Employment and Economic Development (“DEED”) for approval of the Project, the City Employment and Economic Development (“DEED”) for approval of the Project, the City Employment and Economic Development (“DEED”) for approval of the Project, the City Council of the City must conduct a public hearing on the proposal to undertake projects Council of the City must conduct a public hearing on the proposal to undertake projects Council of the City must conduct a public hearing on the proposal to undertake projects authorized to be financed under the terms of the Act;authorized to be financed under the terms of the Act;authorized to be financed under the terms of the Act; D WHEREAS, on November 15, 2023, the City Council of the Host City held a public hearing and approved the issuance of the Notes to finance and refinance the Project, all in accordance with Minnesota Statutes, Section 471.656, and Section 147(f) of the Code; WHEREAS, on November 28, 2023, the Board of Commissioners of the Port Authority adopted a resolution consenting to the issuance by the City of the Notes to refund the Series 2013 Note in accordance with Section 469.155, subd. 12 of the Act; December 11, 2023 City Council Meeting Minutes Council Packet Page Number 29 of 223 28 E2 WHEREAS, a notice of public hearing (the “Public Notice”)was published in the Pioneer Press, the official newspaper and a newspaper of general circulation in the City, with respect to (i) the required public hearing to be held by the City under Section147(f) of the Code; (ii) the required public hearing under Section 469.154, subdivision 4 of the Act; and (iii) the approval of the issuance of the Notes. The Public Notice was published at least 14 days the approval of the issuance of the Notes. The Public Notice was published at least 14 days the approval of the issuance of the Notes. The Public Notice was published at least 14 days prior to the date of the public hearing. On the date hereof, the City Council of the City prior to the date of the public hearing. On the date hereof, the City Council of the City prior to the date of the public hearing. On the date hereof, the City Council of the City conducted a public hearing at which a reasonable opportunity was provide for interested conducted a public hearing at which a reasonable opportunity was provide for interested conducted a public hearing at which a reasonable opportunity was provide for interested individuals to express their views, both orally and in writing, with respect to the proposed individuals to express their views, both orally and in writing, with respect to the proposed individuals to express their views, both orally and in writing, with respect to the proposed issuance of the Notes and the location and nature of the Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood, RESOLVED by the City Council of the City of Maplewood, RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: Section 1.Issuance of the Notes. 1.01.Findings. The Council hereby finds, determines, and declares that:. The Council hereby finds, determines, and declares that:. The Council hereby finds, determines, and declares that: T (a)The issuance and sale of the Notes, the execution and delivery by The issuance and sale of the Notes, the execution and delivery by The issuance and sale of the Notes, the execution and delivery by the City of the Notes, the Loan Agreement, and the Assignment of Loan Agreement, and City of the Notes, the Loan Agreement, and the Assignment of Loan Agreement, and City of the Notes, the Loan Agreement, and the Assignment of Loan Agreement, and the performance of all covenants and agreements of the City contained in the Loan the performance of all covenants and agreements of the City contained in the Loan the performance of all covenants and agreements of the City contained in the Loan Agreement and the Assignment of Loan Agreement are undertaken pursuant to the Agreement and the Assignment of Loan Agreement are undertaken pursuant to the Agreement and the Assignment of Loan Agreement are undertaken pursuant to the Act. F (b)The aThe aThe acquisition, construction, renovation, expansion and equipping of cquisition, construction, renovation, expansion and equipping of cquisition, construction, renovation, expansion and equipping of the Project to be financed and refinanced by the Notes furthers the economic the Project to be financed and refinanced by the Notes furthers the economic the Project to be financed and refinanced by the Notes furthers the economic development purposes stated in Section 469.152 of the Act and constitutes a revenue development purposes stated in Section 469.152 of the Act and constitutes a revenue development purposes stated in Section 469.152 of the Act and constitutes a revenue producing “project,” as defined in Section 469.153, subdivision 2(b) of the Act.producing “project,” as defined in Section 469.153, subdivision 2(b) of the Act.producing “project,” as defined in Section 469.153, subdivision 2(b) of the Act. (c) (c) (c) In accordance with Section 469.154, subdivision 7, of the Act, the In accordance with Section 469.154, subdivision 7, of the Act, the In accordance with Section 469.154, subdivision 7, of the Act, the A officers, employees, and agents of the City are hereby authorized and directed to officers, employees, and agents of the City are hereby authorized and directed to officers, employees, and agents of the City are hereby authorized and directed to encourage the Company and the School to target employmeencourage the Company and the School to target employmeencourage the Company and the School to target employment opportunities to qualified individuals who are unemployed or economically disadvantaged. Such qualified individuals who are unemployed or economically disadvantaged. Such qualified individuals who are unemployed or economically disadvantaged. Such individuals may be identified by such mechanisms as are available to the Company individuals may be identified by such mechanisms as are available to the Company individuals may be identified by such mechanisms as are available to the Company and the School, such as a first source agreement in which the Company and theand the School, such as a first source agreement in which the Company and theand the School, such as a first source agreement in which the Company and the School agrees to use a designated State employment office as a first source for School agrees to use a designated State employment office as a first source for School agrees to use a designated State employment office as a first source for employment recruitment, referral, and placement.employment recruitment, referral, and placement.employment recruitment, referral, and placement. R (d)(d)(d)The loan repayments to be made by the Company under the Loan The loan repayments to be made by the Company under the Loan The loan repayments to be made by the Company under the Loan Agreement are fixed to produce revenues sufficient to provide foAgreement are fixed to produce revenues sufficient to provide foAgreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Notes issued under this resolution of principal of, premium, if any, and interest on the Notes issued under this resolution of principal of, premium, if any, and interest on the Notes issued under this resolution when due, and the Loan Agreement also provides that the Company is required to when due, and the Loan Agreement also provides that the Company is required to when due, and the Loan Agreement also provides that the Company is required to pay all expenses of the operation and maintenance of the School Facpay all expenses of the operation and maintenance of the School Facpay all expenses of the operation and maintenance of the School Facility, including, but without limitation, adequate insurance thereon and insurance against all liability but without limitation, adequate insurance thereon and insurance against all liability but without limitation, adequate insurance thereon and insurance against all liability D for injury to persons or property arising from the operation thereof, and all lawfully imposed taxes and special assessments levied upon or with respect to the School Facility and payable during the term of the Loan Agreement. (e)As provided in the Loan Agreement, the Notes shall not be payable from nor charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this December 11, 2023 City Council Meeting Minutes Council Packet Page Number 30 of 223 29 E2 paragraph. No holder of the Notes shall ever have the right to compel any exercise by the City of its taxing powers to pay the Notes or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder (except for certain unassigned rights of the City, including those related to indemnification and reimbursement for certain costs and expenses), which will be assigned to the Lender reimbursement for certain costs and expenses), which will be assigned to the Lender reimbursement for certain costs and expenses), which will be assigned to the Lender under the Assignment of Loan Agreement. The Notes shall not constitute a charge, under the Assignment of Loan Agreement. The Notes shall not constitute a charge, under the Assignment of Loan Agreement. The Notes shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the lien, or encumbrance, legal or equitable, upon any property of the City, except the lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the LoanAgreement, and the revenues and assets thereunder Agreement, and the revenues and assets thereunder Agreement, and the revenues and assets thereunder (except for the unassigned rights of the City referenced above), which will be (except for the unassigned rights of the City referenced above), which will be (except for the unassigned rights of the City referenced above), which will be assigned to the Lender under the Assignment of Loan Agreement. Each Note shall assigned to the Lender under the Assignment of Loan Agreement. Each Note shall assigned to the Lender under the Assignment of Loan Agreement. Each Note shall recite that such Note is issued pursuant to the Act, and that such Note, including recite that such Note is issued pursuant to the Act, and that such Note, including recite that such Note is issued pursuant to the Act, and that such Note, including interest and premium, if any, thereon, is payable solely from the revenues and assets interest and premium, if any, thereon, is payable solely from the revenues and assets interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the Notes shall not constitute a debt of the City pledged to the payment thereof, and the Notes shall not constitute a debt of the City pledged to the payment thereof, and the Notes shall not constitute a debt of the City within the meaning of any constitutional or stawithin the meaning of any constitutional or stawithin the meaning of any constitutional or statutory limitations.tutory limitations.tutory limitations. 1.02.Issuance and Sale of the Notessuance and Sale of the Notessuance and Sale of the Notes. The City hereby authorizes the . The City hereby authorizes the . The City hereby authorizes the issuance of the Notes in the aggregate principal amount not to exceed $10,000,000, of which issuance of the Notes in the aggregate principal amount not to exceed $10,000,000, of which issuance of the Notes in the aggregate principal amount not to exceed $10,000,000, of which TTT up to $3,200,000 will refund the Prior Obligations and thereby refinanceup to $3,200,000 will refund the Prior Obligations and thereby refinanceup to $3,200,000 will refund the Prior Obligations and thereby refinancethe School Facility, the School Facility, the School Facility, and the balance will finance the renovations and additions to the School Facility. The City and the balance will finance the renovations and additions to the School Facility. The City and the balance will finance the renovations and additions to the School Facility. The City hereby further authorizes the issuance of the Notes in one or more series, in the forms, and hereby further authorizes the issuance of the Notes in one or more series, in the forms, and hereby further authorizes the issuance of the Notes in one or more series, in the forms, and with the terms set forth in the forms of the Notes now on file with the City. The aggregate with the terms set forth in the forms of the Notes now on file with the City. The aggregate with the terms set forth in the forms of the Notes now on file with the City. The aggregate principal amount of the Notes (subject to the limitations set forth in this Section 1.02), the principal amount of the Notes (subject to the limitations set forth in this Section 1.02), the principal amount of the Notes (subject to the limitations set forth in this Section 1.02), the interest rate of each of the Notes, the terms for adjustment of the interest rate on the Notes, interest rate of each of the Notes, the terms for adjustment of the interest rate on the Notes, interest rate of each of the Notes, the terms for adjustment of the interest rate on the Notes, FFF the date of the documents referenced in this resolution and the Notes, and the terms of the date of the documents referenced in this resolution and the Notes, and the terms of the date of the documents referenced in this resolution and the Notes, and the terms of redemption of the Notes may be established or modified with the approval of the City. The redemption of the Notes may be established or modified with the approval of the City. The redemption of the Notes may be established or modified with the approval of the City. The execution and delivery of the Notes shall be conclusive evidence that the City has approved execution and delivery of the Notes shall be conclusive evidence that the City has approved execution and delivery of the Notes shall be conclusive evidence that the City has approved such terms as subsequently established or modified. The offer of the Lender to purchase the terms as subsequently established or modified. The offer of the Lender to purchase the terms as subsequently established or modified. The offer of the Lender to purchase the Notes at the price of par plus accrued interest, if any, to the date of delivery at the interest Notes at the price of par plus accrued interest, if any, to the date of delivery at the interest Notes at the price of par plus accrued interest, if any, to the date of delivery at the interest rate or rates specified in the Notes is hereby accepted. Upon approvalrate or rates specified in the Notes is hereby accepted. Upon approvalrate or rates specified in the Notes is hereby accepted. Upon approvalof the Project by AAA DEED, the Mayor and the City Manager of the City (the “City Officials”) are authorized and DEED, the Mayor and the City Manager of the City (the “City Officials”) are authorized and DEED, the Mayor and the City Manager of the City (the “City Officials”) are authorized and directed to prepare and execute the Notes as prescribed in the Loan Agreement and the directed to prepare and execute the Notes as prescribed in the Loan Agreement and the directed to prepare and execute the Notes as prescribed in the Loan Agreement and the Notes shall be delivered to the Lender. The City Officials are hereby authorized to execute Notes shall be delivered to the Lender. The City Officials are hereby authorized to execute Notes shall be delivered to the Lender. The City Officials are hereby authorized to execute and deliver any agreements with any depository institution, including any representation letter and deliver any agreements with any depository institution, including any representation letter and deliver any agreements with any depository institution, including any representation letter or amendment to any existing representation letter, in the event the City and the Lender elect or amendment to any existing representation letter, in the event the City and the Lender elect or amendment to any existing representation letter, in the event the City and the Lender elect to register the Notes in bookto register the Notes in bookto register the Notes in book---enenentry form.try form.try form. RRR 1.03.1.03.1.03.SpecSpecSpecial, Limited Obligations of City. The Notes shall be special, limited ial, Limited Obligations of City. The Notes shall be special, limited ial, Limited Obligations of City. The Notes shall be special, limited obligations of the City, and the principal of, premium, if any, and interest on the Notes shall obligations of the City, and the principal of, premium, if any, and interest on the Notes shall obligations of the City, and the principal of, premium, if any, and interest on the Notes shall be payable solely from the proceeds of the Notes, the revenues derived from the Company be payable solely from the proceeds of the Notes, the revenues derived from the Company be payable solely from the proceeds of the Notes, the revenues derived from the Company pursuant to the Loan Agreement, and the security provided by the Company in accordance pursuant to the Loan Agreement, and the security provided by the Company in accordance pursuant to the Loan Agreement, and the security provided by the Company in accordance with the terms of the Loan Agreement, the Mortgage, the Assignment of Loan Agreement, with the terms of the Loan Agreement, the Mortgage, the Assignment of Loan Agreement, with the terms of the Loan Agreement, the Mortgage, the Assignment of Loan Agreement, the Assignment of Lease, the Pledge Agreement, and any andthe Assignment of Lease, the Pledge Agreement, and any andthe Assignment of Lease, the Pledge Agreement, and any andall other security of any kind or nature provided by the Company to the Lender. The Notes will be subject to the or nature provided by the Company to the Lender. The Notes will be subject to the or nature provided by the Company to the Lender. The Notes will be subject to the DDD provisions of a Tax Certificate, to be dated on or after December 1, 2023 (the “Tax Certificate”), by the Company and the School, and endorsed by the City. 1.04.Approval of Documents. The City Officials are hereby authorized and directed to execute and deliver the Loan Agreement, the Notes, the Assignment of Loan Agreement, and such other documents as bond counsel considers appropriate in connection with the issuance of the Notes (collectively, the “City Documents”). The forms of the City December 11, 2023 City Council Meeting Minutes Council Packet Page Number 31 of 223 30 E2 Documents and all other documents listed in the recitals hereof and exhibits thereto, and any consents and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Notes, including without limitation various certificates of the City, a certificate as to arbitrage and rebate, and similar documents (collectively, the “Financing Documents”) are approved substantially in the forms on file with the City Manager. The City Documents, in substantially the forms submitted, are directed to be executed in the The City Documents, in substantially the forms submitted, are directed to be executed in the The City Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the City Officials. The Notes are to be executed in the name and on behalf of the City by the City Officials. The Notes are to be executed in the name and on behalf of the City by the City Officials. The Notes are to be executed in the name of and on behalf of the City by the City Officials and delivered to the Lender. Any other name of and on behalf of the City by the City Officials and delivered to the Lender. Any other name of and on behalf of the City by the City Officials and delivered to the Lender. Any other Financing Documents and certificates necessary to the transaction described above may be Financing Documents and certificates necessary to the transaction described above may be Financing Documents and certificates necessary to the transaction described above may be executed by one or more appropriate officers of the City. All of the provisions of thexecuted by one or more appropriate officers of the City. All of the provisions of thexecuted by one or more appropriate officers of the City. All of the provisions of the e e Financing Documents, when executed as authorized herein, shall be deemed to be a part of Financing Documents, when executed as authorized herein, shall be deemed to be a part of Financing Documents, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be this resolution as fully and to the same extent as if incorporated verbatim herein and shall be this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery therin full force and effect from the date of execution and delivery therin full force and effect from the date of execution and delivery thereof. eof. eof. The approval hereby given to the various Financing Documents referred to above includes The approval hereby given to the various Financing Documents referred to above includes The approval hereby given to the various Financing Documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such approval of such additional details therein as may be necessary and appropriate and such approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as maymodifications thereof, deletions therefrom and additions thereto as maymodifications thereof, deletions therefrom and additions thereto as maybe necessary and be necessary and be necessary and appropriate and approved by bond counsel to the City, the appropriate City staff person, or appropriate and approved by bond counsel to the City, the appropriate City staff person, or appropriate and approved by bond counsel to the City, the appropriate City staff person, or TT by the officers authorized herein to execute or accept, as the case may be, said documents by the officers authorized herein to execute or accept, as the case may be, said documents by the officers authorized herein to execute or accept, as the case may be, said documents prior to their execution; and said officers or staff members are hereby authorized to approve prior to their execution; and said officers or staff members are hereby authorized to approve prior to their execution; and said officers or staff members are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate said changes on behalf of the City. The execution of any instrument by the appropriate said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of officer or officers of the City herein authorized shall be conclusive evidence of the approval of officer or officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof.such document in accordance with the terms hereof.such document in accordance with the terms hereof. FF 1.05.Certifications of the Citytifications of the Citytifications of the City. The Mayor, City Manager, and Finance . The Mayor, City Manager, and Finance . The Mayor, City Manager, and Finance Director of the City and other officers, employees, and agents of the City are hereby Director of the City and other officers, employees, and agents of the City are hereby Director of the City and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the Lendeauthorized and directed to prepare and furnish to bond counsel and the Lendeauthorized and directed to prepare and furnish to bond counsel and the Lender certified copies of all proceedings and records of the City relating to the issuance of the Notes, copies of all proceedings and records of the City relating to the issuance of the Notes, copies of all proceedings and records of the City relating to the issuance of the Notes, including a certification of this resolution. Such officers, employees, and agents are hereby including a certification of this resolution. Such officers, employees, and agents are hereby including a certification of this resolution. Such officers, employees, and agents are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, authorized to execute and deliver, on behalf of the City, all other certificates, instruments, authorized to execute and deliver, on behalf of the City, all other certificates, instruments, AA and other written documents that may be requested by bond counsel, the Lender, or other and other written documents that may be requested by bond counsel, the Lender, or other and other written documents that may be requested by bond counsel, the Lender, or other persons or entities in conjunction with the issuance of the Notes. Without imposing any persons or entities in conjunction with the issuance of the Notes. Without imposing any persons or entities in conjunction with the issuance of the Notes. Without imposing any limitation on the scope of the preceding sentence, such officers, employees, and agents are limitation on the scope of the preceding sentence, such officers, employees, and agents are limitation on the scope of the preceding sentence, such officers, employees, and agents are specifically authorized to execute and deliver one or more certificates of the City, an specifically authorized to execute and deliver one or more certificates of the City, an specifically authorized to execute and deliver one or more certificates of the City, an endorsement of the City to the Tax Certificate, an Information Return for Taxendorsement of the City to the Tax Certificate, an Information Return for Taxendorsement of the City to the Tax Certificate, an Information Return for Tax-Exempt Private Activity Bond Issues, FormActivity Bond Issues, FormActivity Bond Issues, Form8038, and all other documents and certificates as shall be 8038, and all other documents and certificates as shall be 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Notes. necessary and appropriate in connection with the issuance, sale, and delivery of the Notes. necessary and appropriate in connection with the issuance, sale, and delivery of the Notes. RR The City hereby authorizes Kennedy & Graven, Chartered, acting as bond counsel, to The City hereby authorizes Kennedy & Graven, Chartered, acting as bond counsel, to The City hereby authorizes Kennedy & Graven, Chartered, acting as bond counsel, to prepare, execute, andprepare, execute, andprepare, execute, anddeliver its approving legal opinion with respect to the Notes.deliver its approving legal opinion with respect to the Notes.deliver its approving legal opinion with respect to the Notes. 1.1.1.06.06.06.SSSecurity for the Notes. The City hereby authorizes the Company to provide such security for payment of the Company's obligations under the Loan Agreement provide such security for payment of the Company's obligations under the Loan Agreement provide such security for payment of the Company's obligations under the Loan Agreement and for payment of the Notes,and for payment of the Notes,and for payment of the Notes,including the Mortgage, the Assignment of Lease, and the Pledge Agreement, as is agreed upon by the Company and the Lender, and the City hereby Pledge Agreement, as is agreed upon by the Company and the Lender, and the City hereby Pledge Agreement, as is agreed upon by the Company and the Lender, and the City hereby DD approves the execution and delivery of such security. 1.07.DEED Application. As required by the terms of Section 469.154 of the Act, the employees, officers, and agents of the City are hereby authorized and directed to submit an application to DEED for approval of the Project and the issuance of the Notes. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 32 of 223 31 E2 1.08.Qualified Tax-Exempt Obligations. In order to qualify the Notes as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a)the Notes are qualified 501(c)(3) bonds (as defined in Section 145 of the Code), and therefore are not treated as “private activity bonds” (as defined in the Code), and therefore are not treated as “private activity bonds” (as defined in the Code), and therefore are not treated as “private activity bonds” (as defined in Section 141 of the Code) for the purposes of Section 265(b)(3) of the Code;Section 141 of the Code) for the purposes of Section 265(b)(3) of the Code;Section 141 of the Code) for the purposes of Section 265(b)(3) of the Code; (b)(I) the Series 2013 Note was previously designated as “qualified tax(I) the Series 2013 Note was previously designated as “qualified tax(I) the Series 2013 Note was previously designated as “qualified tax- exempt obligations” for purposes of Section 265(b)(3) of the Code, (II) the average exempt obligations” for purposes of Section 265(b)(3) of the Code, (II) the average exempt obligations” for purposes of Section 265(b)(3) of the Code, (II) the average maturity date of the portion of the Notes that are proposed to refund the Series 2013 maturity date of the portion of the Notes that are proposed to refund the Series 2013 maturity date of the portion of the Notes that are proposed to refund the Series 2013 Note (the “Series 2013 Refunding Note”) is not later than the average maturity date of Note (the “Series 2013 Refunding Note”) is not later than the average maturity date of Note (the “Series 2013 Refunding Note”) is not later than the average maturity date of the portion of the Series 2013 Note to be refunded by the Series 2013 Refunding the portion of the Series 2013 Note to be refunded by the Series 2013 Refunding the portion of the Series 2013 Note to be refunded by the Series 2013 Refunding Note, and (III) the Series 2013 Refunding Note has a maturity date which is not later Note, and (III) the Series 2013 Refunding Note has a maturity date which is not later Note, and (III) the Series 2013 Refunding Note has a maturity date which is not later than that date the Series 2013 Note was issued; and therefore the Series 2013 than that date the Series 2013 Note was issued; and therefore the Series 2013 than that date the Series 2013 Note was issued; and therefore the Series 2013 Refunding Note portion of the Notes is deemed designated as a “qualified taxRefunding Note portion of the Notes is deemed designated as a “qualified taxRefunding Note portion of the Notes is deemed designated as a “qualified tax---exempt exempt exempt obligation” for purposes of Section 265(b)(3) of the Code;obligation” for purposes of Section 265(b)(3) of the Code;obligation” for purposes of Section 265(b)(3) of the Code; T (c) the City hereby designates the remaining portion of the Notes as the City hereby designates the remaining portion of the Notes as the City hereby designates the remaining portion of the Notes as “qualified tax-exempt obligations” for purposes of Sectionexempt obligations” for purposes of Sectionexempt obligations” for purposes of Section265(b)(3) of the Code;265(b)(3) of the Code;265(b)(3) of the Code; (d)the reasonably anticipated amount of taxonably anticipated amount of taxonably anticipated amount of tax---exempt obligations (other exempt obligations (other exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2023 will not by the City (and all subordinate entities of the City) during calendar year 2023 will not by the City (and all subordinate entities of the City) during calendar year 2023 will not F exceed $10,000,000; 0; 0; (e)not more than $10,000,000 of obligations issued by the City during not more than $10,000,000 of obligations issued by the City during not more than $10,000,000 of obligations issued by the City during calendar year 2023 have been designated for purposes of Section 265(b)(3) of the calendar year 2023 have been designated for purposes of Section 265(b)(3) of the calendar year 2023 have been designated for purposes of Section 265(b)(3) of the Code; andCode; andCode; and A (f)(f)(f)the aggregate face amount of the issue of the Notes is not greater than the aggregate face amount of the issue of the Notes is not greater than the aggregate face amount of the issue of the Notes is not greater than $10,000,000.$10,000,000.$10,000,000. 1.09.1.09.1.09.RRRegegegistration of Transferistration of Transferistration of Transfer. The City will cause to be kept at the office of the City Manager a Note Register for each Note in which, subject to such reasonable the City Manager a Note Register for each Note in which, subject to such reasonable the City Manager a Note Register for each Note in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of regulations as it may prescribe, the City shall provide for the registration of transfers of regulations as it may prescribe, the City shall provide for the registration of transfers of ownownownership of such Note. Each Note shall be initially registered in the name of the Lender ership of such Note. Each Note shall be initially registered in the name of the Lender ership of such Note. Each Note shall be initially registered in the name of the Lender R and, subject to Section 1.12, shall be transferable upon the applicable Note Register for such and, subject to Section 1.12, shall be transferable upon the applicable Note Register for such and, subject to Section 1.12, shall be transferable upon the applicable Note Register for such Note by the Lender in person or by its agent duly authorized in writing, upon surrender of Note by the Lender in person or by its agent duly authorized in writing, upon surrender of Note by the Lender in person or by its agent duly authorized in writing, upon surrender of such Note together with a written instrument of transfer satisfactory to the City Manager, duly such Note together with a written instrument of transfer satisfactory to the City Manager, duly such Note together with a written instrument of transfer satisfactory to the City Manager, duly executed by the Lender or its duly authorized agent. The following form of assignment shall executed by the Lender or its duly authorized agent. The following form of assignment shall executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose.be sufficient for said purpose.be sufficient for said purpose. For valFor valFor value received ___________ hereby sells, assigns and transfers unto ue received ___________ hereby sells, assigns and transfers unto ue received ___________ hereby sells, assigns and transfers unto D ________________ the within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint ___________________ attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Sections 1.09 through 1.12 of the Resolution authorizing the issuance of the Note. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 33 of 223 32 E2 Dated: ______________________ By: ______________________ Registered Owner Upon such transfer the City Manager shall note the date of registration and the name Upon such transfer the City Manager shall note the date of registration and the name Upon such transfer the City Manager shall note the date of registration and the name and address of the new Lender in the applicable Note Register and in the registration blank and address of the new Lender in the applicable Note Register and in the registration blank and address of the new Lender in the applicable Note Register and in the registration blank appearing on such Note; subject to receipt of a purchaser letter or certification as required by appearing on such Note; subject to receipt of a purchaser letter or certification as required by appearing on such Note; subject to receipt of a purchaser letter or certification as required by Section 1.12 hereof. 1.10.Mutilated, Lost or Destroyed Note. In case a Note issued hereunder ilated, Lost or Destroyed Note. In case a Note issued hereunder ilated, Lost or Destroyed Note. In case a Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, law, law, cause to be executed and delivered, a new Note of like outstanding principal amount, cause to be executed and delivered, a new Note of like outstanding principal amount, cause to be executed and delivered, a new Note of like outstanding principal amount, number, series and tenor in exchange and substitution for and upon cancellation of such number, series and tenor in exchange and substitution for and upon cancellation of such number, series and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lmutilated Note, or in lieu of and in substitution for such Note destroyed or lmutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the ost, upon the ost, upon the payment by the Lender of the reasonable expenses and charges of the City in connection payment by the Lender of the reasonable expenses and charges of the City in connection payment by the Lender of the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost TTT Note has already matured or been called for redemption in accordance with its terms it shall Note has already matured or been called for redemption in accordance with its terms it shall Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment.not be necessary to issue a new Note prior to payment.not be necessary to issue a new Note prior to payment. 1.11.Ownership of Notes. The City may deem and treat the person in nership of Notes. The City may deem and treat the person in nership of Notes. The City may deem and treat the person in whose name the Notes are last registered in the applicable Note Register for such Note and ose name the Notes are last registered in the applicable Note Register for such Note and ose name the Notes are last registered in the applicable Note Register for such Note and by notation on such Note whether or not such Note shall be overdue, as the absolute owner by notation on such Note whether or not such Note shall be overdue, as the absolute owner by notation on such Note whether or not such Note shall be overdue, as the absolute owner FFF of such Note for the purpose of receiving payment of or on account of the principal balance, of such Note for the purpose of receiving payment of or on account of the principal balance, of such Note for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be redemption price or interest and for all other purposes whatsoever, and the City shall not be redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary.affected by any notice to the contrary.affected by any notice to the contrary. 1.itation on Note Transfersitation on Note Transfersitation on Note Transfers. The Notes shall be issued to a “qualified . The Notes shall be issued to a “qualified . The Notes shall be issued to a “qualified 12.LiLiLimmm institutional buyer” or an “accredited investor” (i.e. the Lender) and without registration under institutional buyer” or an “accredited investor” (i.e. the Lender) and without registration under institutional buyer” or an “accredited investor” (i.e. the Lender) and without registration under AAA state or other securities laws, pursuant to an exemption for such issuance; and accordingly state or other securities laws, pursuant to an exemption for such issuance; and accordingly state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Notes may not be assigned or transferred in whole or part, nor may a participation the Notes may not be assigned or transferred in whole or part, nor may a participation the Notes may not be assigned or transferred in whole or part, nor may a participation interest in the Notes be given pursuant to any participation agreement, except to another rest in the Notes be given pursuant to any participation agreement, except to another rest in the Notes be given pursuant to any participation agreement, except to another “qualified institutional buyer” or “accredited investor” in accordance with an applicable “qualified institutional buyer” or “accredited investor” in accordance with an applicable “qualified institutional buyer” or “accredited investor” in accordance with an applicable exemption from such registration requirements and with full and accurate disclosure of all exemption from such registration requirements and with full and accurate disclosure of all exemption from such registration requirements and with full and accurate disclosure of all material facts to the prospective purchaser(s) or transferee(s). The City will require, as a material facts to the prospective purchaser(s) or transferee(s). The City will require, as a material facts to the prospective purchaser(s) or transferee(s). The City will require, as a precondition to any transfer, that the transferee provide to the City a written letter or precondition to any transfer, that the transferee provide to the City a written letter or precondition to any transfer, that the transferee provide to the City a written letter or RRR certificate in a form satisfactory to the City and other evidence satisfactory to the City that the certificate in a form satisfactory to the City and other evidence satisfactory to the City that the certificate in a form satisfactory to the City and other evidence satisfactory to the City that the transferee is a qualified institutional buyer or other accredited investor under the securities transferee is a qualified institutional buyer or other accredited investor under the securities transferee is a qualified institutional buyer or other accredited investor under the securities laws.laws.laws. 1.13.1.13.1.13.Issuance of New Notes. Subject to the provisions of Section 1.12, the City shall, at the request and expenCity shall, at the request and expenCity shall, at the request and expense of the Lender, issue a new note, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except outstanding principal amount equal to that of the Note surrendered, and of like tenor except outstanding principal amount equal to that of the Note surrendered, and of like tenor except DDD as to number, principal amount, and the amount of the periodic installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. Section 2.Miscellaneous. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 34 of 223 33 E2 2.01.Agreements Binding. All agreements, covenants, and obligations of the City contained in this resolution and in the above-referenced documentsshall be deemed to be the agreements, covenants, and obligations of the City to the full extent authorized or permitted by law, and all such agreements, covenants, and obligations shall be binding on the City and enforceable in accordance with their terms. No agreement, covenant, or obligation contained in this resolution or in the above-referenced documents shall be deemed referenced documents shall be deemed referenced documents shall be deemed to be an agreement, covenant, or obligation of any member of the Council, or of any officer, to be an agreement, covenant, or obligation of any member of the Council, or of any officer, to be an agreement, covenant, or obligation of any member of the Council, or of any officer, employee, or agent of the City in that person’s individual capacity. Neither the members of employee, or agent of the City in that person’s individual capacity. Neither the members of employee, or agent of the City in that person’s individual capacity. Neither the members of the Council nor any officer executing the Notes shall be liable personally on the Notes or be the Council nor any officer executing the Notes shall be liable personally on the Notes or be the Council nor any officer executing the Notes shall be liable personally on the Notes or be subject to any personal liability or accountability by reason of the issuance of the Notes.subject to any personal liability or accountability by reason of the issuance of the Notes.subject to any personal liability or accountability by reason of the issuance of the Notes. 2.ts Conferred. Except as herein otherwise expressly provided, . Except as herein otherwise expressly provided, . Except as herein otherwise expressly provided, 02.Righ nothing in this resolution or in the Loan Agreement, expressed or implied, is intended or shall nothing in this resolution or in the Loan Agreement, expressed or implied, is intended or shall nothing in this resolution or in the Loan Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City and the be construed to confer upon any person, firm, or corporation other than the City and the be construed to confer upon any person, firm, or corporation other than the City and the registered andbeneficial owners of the Notes, any right, remedy, or claim, legal or equitable, beneficial owners of the Notes, any right, remedy, or claim, legal or equitable, beneficial owners of the Notes, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Loan Agreement or under and by reason of this resolution or any provision hereof or of the Loan Agreement or under and by reason of this resolution or any provision hereof or of the Loan Agreement or any provision thereof; this resolution, the Loan Agreement and all of their provisions being any provision thereof; this resolution, the Loan Agreement and all of their provisions being any provision thereof; this resolution, the Loan Agreement and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City and the registered and intended to be, and being for the sole and exclusive benefit of the City and the registered and intended to be, and being for the sole and exclusive benefit of the City and the registered and TT beneficial owners of the Notes issued under the provisions of this resolution and the Loan beneficial owners of the Notes issued under the provisions of this resolution and the Loan beneficial owners of the Notes issued under the provisions of this resolution and the Loan Agreement, and the Company to the extent expressly providedAgreement, and the Company to the extent expressly providedAgreement, and the Company to the extent expressly providedin the Loan Agreement.in the Loan Agreement.in the Loan Agreement. No provision, covenant, or agreement contained in the Financing Documents, the ision, covenant, or agreement contained in the Financing Documents, the ision, covenant, or agreement contained in the Financing Documents, the Notes or in any other document relating to the Notes, and no obligation therein or herein Notes or in any other document relating to the Notes, and no obligation therein or herein Notes or in any other document relating to the Notes, and no obligation therein or herein imposed upon the City or the breach thereof, shall constituteimposed upon the City or the breach thereof, shall constituteimposed upon the City or the breach thereof, shall constituteor give rise to any pecuniary or give rise to any pecuniary or give rise to any pecuniary FF liability of the City or any charge upon its general credit or taxing powers. In making the liability of the City or any charge upon its general credit or taxing powers. In making the liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City agreements, provisions, covenants, and representations set forth in such documents, the City agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues has not obligated itself to pay or remit any funds or revenues, other than funds and revenues has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Notes, as derived from the Loan Agreement which are to be applied to the payment of the Notes, as derived from the Loan Agreement which are to be applied to the payment of the Notes, as provided therein and in the Financing Documents.provided therein and in the Financing Documents.provided therein and in the Financing Documents. AA 2.03.2.03.2.03.VVVaaalidityliditylidity. In case any one or more of the provisions of this resolution, or . In case any one or more of the provisions of this resolution, or . In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Notes issued hereunder shall for any reason be of the documents mentioned herein, or of the Notes issued hereunder shall for any reason be of the documents mentioned herein, or of the Notes issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Notes, but this resolution, the this resolution, or of the aforementioned documents, or of the Notes, but this resolution, the this resolution, or of the aforementioned documents, or of the Notes, but this resolution, the aforementioned documents, and the Notes shall be construed and endorsed as if such illegal aforementioned documents, and the Notes shall be construed and endorsed as if such illegal aforementioned documents, and the Notes shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. If for any reason the Mayor or the City or invalid provisions had not been contained therein. If for any reason the Mayor or the City or invalid provisions had not been contained therein. If for any reason the Mayor or the City Manager, or any other officers, employees, or agents of the City authorized to execute Manager, or any other officers, employees, or agents of the City authorized to execute Manager, or any other officers, employees, or agents of the City authorized to execute RR certificates, instruments, or other written documents on behalf of the City, shall for any certificates, instruments, or other written documents on behalf of the City, shall for any certificates, instruments, or other written documents on behalf of the City, shall for any reason cease to be an officer, employee, or agent of the City after the execution by such reason cease to be an officer, employee, or agent of the City after the execution by such reason cease to be an officer, employee, or agent of the City after the execution by such personpersonpersonof any certificate, instrument, or other written document, such fact shall not affect the of any certificate, instrument, or other written document, such fact shall not affect the of any certificate, instrument, or other written document, such fact shall not affect the validity or enforceability of such certificate, instrument, or other written document. If for any validity or enforceability of such certificate, instrument, or other written document. If for any validity or enforceability of such certificate, instrument, or other written document. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents reason the Mayor or the City Manager is unable to execute and deliver the documents reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City referred to in this resolution, such documents may be executed by any member of the City referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with Council or any officer of the City delegated the duties of the Mayor or the City Manager with Council or any officer of the City delegated the duties of the Mayor or the City Manager with DD the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 2.04.Costs. The Company will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with financing the Project and issuing the Notes, whether or not the Notes are issued. The Company shall indemnify the City against all liabilities, losses, damages, December 11, 2023 City Council Meeting Minutes Council Packet Page Number 35 of 223 34 E2 costs, and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Notes, as further provided for in the Loan Agreement. 2.05.Governmental Program. The City has established a governmental program of acquiring purpose investments for qualified 501(c)(3) organizations’ projects. The governmental program is one in which the following requirements of §1.148-1(b) of 1(b) of 1(b) of the federal regulations relating to tax-exempt obligations shall be met: (a)the program involves the origination or acquisition of purpose rogram involves the origination or acquisition of purpose rogram involves the origination or acquisition of purpose investments; (b)at least 95% of the cost of the purpose investments acquired under the at least 95% of the cost of the purpose investments acquired under the at least 95% of the cost of the purpose investments acquired under the program represents one or more loans to a substantial number of persons more loans to a substantial number of persons more loans to a substantial number of persons representing the general public, states or political subdivisions, 501(c)(3) representing the general public, states or political subdivisions, 501(c)(3) representing the general public, states or political subdivisions, 501(c)(3) organizations, persons who provide housing and related facilities, or any combination organizations, persons who provide housing and related facilities, or any combination organizations, persons who provide housing and related facilities, or any combination of the foregoing; (c) at least 95% of the receipts from the purpose investments are used to at least 95% of the receipts from the purpose investments are used to at least 95% of the receipts from the purpose investments are used to TT pay principal, interest, or redemption prices on issues that financed the program, to pay principal, interest, or redemption prices on issues that financed the program, to pay principal, interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or pay or reimburse administrative costs of those issues or of the program, to pay or pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance reimburse anticipated future losses directly related to the program, to finance reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or to additional purpose investments for the same general purposes of the program, or to additional purpose investments for the same general purposes of the program, or to redeem and retire governmental obligations at the next earliest possible date of redeem and retire governmental obligations at the next earliest possible date of redeem and retire governmental obligations at the next earliest possible date of redemption; FF (d)the program documents prohibit any obligor on a purpose investment the program documents prohibit any obligor on a purpose investment the program documents prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from purchasing bonds of financed by the program or any related party to that obligor from purchasing bonds of financed by the program or any related party to that obligor from purchasing bonds of an issue that finances the program in an amount related to the amount of the purpose an issue that finances the program in an amount related to the amount of the purpose an issue that finances the program in an amount related to the amount of the purpose investment acquired from that obligor; and.investment acquired from that obligor; and.investment acquired from that obligor; and. AA 2.06.2.06.2.06.EEEffeffeffective Datective Datective Date. This resolution shall be in full force and effect from and . This resolution shall be in full force and effect from and . This resolution shall be in full force and effect from and after its approval. The approvals contained in the resolution are effective for one year after after its approval. The approvals contained in the resolution are effective for one year after after its approval. The approvals contained in the resolution are effective for one year after the date hereof.the date hereof.the date hereof. SecSecSeconded byonded byonded byonded byonded byonded by Councilmember Councilmember CouncilmemberLeeLeeLeeAyes – All The motion passed.The motion passed.The motion passed. RR I.UNFINISHED BUSINESSUNFINISHED BUSINESSUNFINISHED BUSINESS NoneNoneNone J.NEW BUSINESSNEW BUSINESSNEW BUSINESS 1.On-Sale Intoxicating Liquor and Sunday Sales License for Kitchen Zone by Sale Intoxicating Liquor and Sunday Sales License for Kitchen Zone by Sale Intoxicating Liquor and Sunday Sales License for Kitchen Zone by Unison LLC., dba Kitchen Zone by Unison, 1829 North Saint Paul Road EastUnison LLC., dba Kitchen Zone by Unison, 1829 North Saint Paul Road EastUnison LLC., dba Kitchen Zone by Unison, 1829 North Saint Paul Road East DD City Clerk Sindt gave the staff report. Yee Fang, Owner of Kitchen Zone by Unison, and Touyer Moua, Manager of Unison Restaurant and Banquetaddressed the council. CouncilmemberLeemoved to approve the On-Sale Intoxicating Liquor and Sunday Sales License for Kitchen Zone by Unison LLC., dba Kitchen Zone by Unison, 1829 North Saint Paul Road East. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 36 of 223 35 E2 Seconded by CouncilmemberCaveAyes – All The motion passed. 2.Saint Paul Educational Foundation Communications Monopole, 1210 Sterling Saint Paul Educational Foundation Communications Monopole, 1210 Sterling Saint Paul Educational Foundation Communications Monopole, 1210 Sterling Street South a.Conditional Use Permit and Variances Resolution b.Design Review Resolution Assistant Community Development Director Martin gave the presentation. Dale Romsos, Assistant Community Development Director Martin gave the presentation. Dale Romsos, Assistant Community Development Director Martin gave the presentation. Dale Romsos, Telecom Consultant for St Paul EducationalFoundation, provided further information and Foundation, provided further information and Foundation, provided further information and answered questions of the council. Mayor Abramsmoved to table the item and bring it backo table the item and bring it backo table the item and bring it backto the councilto the councilto the councilthe second week of the second week of the second week of February. Seconded by CouncilmemberJuenemannAyesAyesAyes – – – AllAllAll TTTTT The motion passed. 3.Adoption of Development Code AmendmentsAdoption of Development Code AmendmentsAdoption of Development Code Amendments a.Adoption of Amendments to Chapter 12, Article I and Chapter 44, Articles Adoption of Amendments to Chapter 12, Article I and Chapter 44, Articles Adoption of Amendments to Chapter 12, Article I and Chapter 44, Articles I, II, and III FFFFF b.Resolution Authorizing Publication of the Ordinance by Title and Resolution Authorizing Publication of the Ordinance by Title and Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes)Summary (4 votes)Summary (4 votes) Assistant Community Development Director Martin gave the staff report.Assistant Community Development Director Martin gave the staff report.Assistant Community Development Director Martin gave the staff report. CouncilmemberCouncilmemberCouncilmemberCaCaCavevevemmmoved to approve amendments to Chapter 12, Buildings and Building oved to approve amendments to Chapter 12, Buildings and Building oved to approve amendments to Chapter 12, Buildings and Building AAAAA Regulations, Regulations, Regulations, and Articles I, II, and III of Chapter 44 of Maplewood’s zoning codeand Articles I, II, and III of Chapter 44 of Maplewood’s zoning codeand Articles I, II, and III of Chapter 44 of Maplewood’s zoning code. Ordinance 1042Ordinance 1042Ordinance 1042 AN ORDINANCE AMENDING CHAPTER 12 OF THE BUILDINGS AND BUILDINGAN ORDINANCE AMENDING CHAPTER 12 OF THE BUILDINGS AND BUILDINGAN ORDINANCE AMENDING CHAPTER 12 OF THE BUILDINGS AND BUILDING REGULATIONS, REGULATIONS, REGULATIONS, ARTICLE I.IN GENERAL The City Council of Maplewood ordains as follows:The City Council of Maplewood ordains as follows:The City Council of Maplewood ordains as follows: RRRRR Section I. Chapter 12, Article I. In General is hereby amended as follows: Section I. Chapter 12, Article I. In General is hereby amended as follows: Section I. Chapter 12, Article I. In General is hereby amended as follows: Secs. 12Secs. 12Secs. 12---5.5.5.Metal Storage BuildingsMetal Storage BuildingsMetal Storage Buildings (a)It shall be unlawful to erect a metal storage building in the city which is of a designIt shall be unlawful to erect a metal storage building in the city which is of a designIt shall be unlawful to erect a metal storage building in the city which is of a design commonly referred to as a pole barn or agricommonly referred to as a pole barn or agricommonly referred to as a pole barn or agri-building, unless such building would be: (1)(1)(1)Located in a F farm residence district;Located in a F farm residence district;Located in a F farm residence district; DDDDD (2)A metal storage building commonly used as a backyard storage shed; (3)Located in an M-1 light manufacturing or M-2 heavy manufacturing district and substantially screened so as to be 80 percent opaque as viewed from residentially zoned land or streets. If the screening is removed or dies and is not replaced, the city council may require removal of the building. If the value of December 11, 2023 City Council Meeting Minutes Council Packet Page Number 37 of 223 36 E2 the building exceeds $25,000.00, the city council shall allow at least a five-year amortizationperiod; or (4)Located in a BC business commercial district with an approved conditional use permit and meeting the following standards: i.No more than 20 percent of the building would be visible from streets or the highest topographical point of the nearest residential lot lines.or the highest topographical point of the nearest residential lot lines.or the highest topographical point of the nearest residential lot lines. ii.The building would not be of lesser quality than surrounding The building would not be of lesser quality than surrounding The building would not be of lesser quality than surrounding development. If the screening is removed or dies and the owner does development. If the screening is removed or dies and the owner does development. If the screening is removed or dies and the owner does not replace it, the city council may require that the owner remove the not replace it, the city council may require that the owner remove the not replace it, the city council may require that the owner remove the building. If the value of the building exceeds $25,000.00, the city building. If the value of the building exceeds $25,000.00, the city building. If the value of the building exceeds $25,000.00, the city council shall allow at least a five-year amortization period.year amortization period.year amortization period. (b)Special architectural design and nonmetal decorative modifications may be required by Special architectural design and nonmetal decorative modifications may be required by Special architectural design and nonmetal decorative modifications may be required by the city. (c) Should any dispute arise over the classification of a proposed mShould any dispute arise over the classification of a proposed mShould any dispute arise over the classification of a proposed metal building, the etal building, the etal building, the director of community development shall determine whether the proposed metal director of community development shall determine whether the proposed metal director of community development shall determine whether the proposed metal building fits into the pole barn category. Appeals of the director's decision shall be building fits into the pole barn category. Appeals of the director's decision shall be building fits into the pole barn category. Appeals of the director's decision shall be made to the city council for a determination of the building type.made to the city council for a determination of the building type.made to the city council for a determination of the building type. TT (d)The city council may grant variances to the requirements of this section. All variances ty council may grant variances to the requirements of this section. All variances ty council may grant variances to the requirements of this section. All variances must follow the requirements provided in Minnesota State Statutes.must follow the requirements provided in Minnesota State Statutes.must follow the requirements provided in Minnesota State Statutes. (e)A rezoning shall not be approved unless any metal storage building on the site A rezoning shall not be approved unless any metal storage building on the site A rezoning shall not be approved unless any metal storage building on the site complies with the requirements of this section.complies with the requirements of this section.complies with the requirements of this section. FF Section II.This ordinance shall be effective following its adoption and publication.This ordinance shall be effective following its adoption and publication.This ordinance shall be effective following its adoption and publication. Ordinance 1043Ordinance 1043Ordinance 1043 AN ORDINANCE AMENDING CHAPTER 44 OF THAN ORDINANCE AMENDING CHAPTER 44 OF THAN ORDINANCE AMENDING CHAPTER 44 OF THE ZONING CODE, ARTICLE I. IN GENERALIN GENERALIN GENERAL AA The City Council of Maplewood ordains as follows:The City Council of Maplewood ordains as follows:The City Council of Maplewood ordains as follows: Section I. Chapter 44, Section 44Section I. Chapter 44, Section 44Section I. Chapter 44, Section 44---3 is hereby amended as follows: 3 is hereby amended as follows: 3 is hereby amended as follows: Sec. 44Sec. 44Sec. 44---3.3.3.Scope, applicability to nonconforming structures or uses.Scope, applicability to nonconforming structures or uses.Scope, applicability to nonconforming structures or uses. The use of all land and every building or portion of a building erected, altered with respect to The use of all land and every building or portion of a building erected, altered with respect to The use of all land and every building or portion of a building erected, altered with respect to RR height and area, addedheight and area, addedheight and area, addedto, or relocated and every use within a building or use accessory thereto in to, or relocated and every use within a building or use accessory thereto in to, or relocated and every use within a building or use accessory thereto in the city shall be in conformity with this chapter. Any use or building which was legal and in the city shall be in conformity with this chapter. Any use or building which was legal and in the city shall be in conformity with this chapter. Any use or building which was legal and in compliance with all provisions of this chapter at the time of establishment or construction, but which compliance with all provisions of this chapter at the time of establishment or construction, but which compliance with all provisions of this chapter at the time of establishment or construction, but which became noncompliant with one or more provision(s) upon the subsequent adoption or amendment of became noncompliant with one or more provision(s) upon the subsequent adoption or amendment of became noncompliant with one or more provision(s) upon the subsequent adoption or amendment of this chapter, shall be regarded as nonconforming and subject to the regulations set forth in Sec. 44this chapter, shall be regarded as nonconforming and subject to the regulations set forth in Sec. 44this chapter, shall be regarded as nonconforming and subject to the regulations set forth in Sec. 44- 12. DD Section II. Chapter 44, Section 44-6 is hereby repealed in its entirety and replaced with the following: Sec. 44-6.Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: December 11, 2023 City Council Meeting Minutes Council Packet Page Number 38 of 223 37 E2 Accessory building means a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. Accessory use means a use subordinate to the primary use of land or a building on a lot and customarily incidental thereto. Adult day or child care center means a non-residential facility licensed under Minnesota Rules residential facility licensed under Minnesota Rules residential facility licensed under Minnesota Rules 9503, where the operator is providing care for less than twenty-four hours at a time. This term four hours at a time. This term four hours at a time. This term includes a day program, drop-in child care program, a night care program, and a school age in child care program, a night care program, and a school age in child care program, a night care program, and a school age program. This term also includes a child care center that is accessory to another use and that is m also includes a child care center that is accessory to another use and that is m also includes a child care center that is accessory to another use and that is intended for use by the employees of the principal uses and their immediate family for more than intended for use by the employees of the principal uses and their immediate family for more than intended for use by the employees of the principal uses and their immediate family for more than three hours of care and supervision a day. This term does not include programsthree hours of care and supervision a day. This term does not include programsthree hours of care and supervision a day. This term does not include programsoperated by a public operated by a public operated by a public school for children 33 months or older. Animal means any animate being, except a human being, which is endowed with the power of means any animate being, except a human being, which is endowed with the power of means any animate being, except a human being, which is endowed with the power of voluntary motion, including but not limited to fish, birds, mammals, reptiles and insects. voluntary motion, including but not limited to fish, birds, mammals, reptiles and insects. voluntary motion, including but not limited to fish, birds, mammals, reptiles and insects. Animal boarding, shelter, or daycare center means any structure or premises on which more means any structure or premises on which more means any structure or premises on which more than three (3) dogs or cats over six (6) months of age are temporarily or permanently boarded, than three (3) dogs or cats over six (6) months of age are temporarily or permanently boarded, than three (3) dogs or cats over six (6) months of age are temporarily or permanently boarded, including animal daycare/spa/grooming facilities. A portion of the site may beincluding animal daycare/spa/grooming facilities. A portion of the site may beincluding animal daycare/spa/grooming facilities. A portion of the site may beused for associated used for associated used for associated T retail. Animal veterinary clinic means a facility for the diagnosis, treatment, or hospitalization of small means a facility for the diagnosis, treatment, or hospitalization of small means a facility for the diagnosis, treatment, or hospitalization of small animals, including dogs, cats, rabbits, hamsters, and other animals of a similar nature. The facility animals, including dogs, cats, rabbits, hamsters, and other animals of a similar nature. The facility animals, including dogs, cats, rabbits, hamsters, and other animals of a similar nature. The facility may also provide boardingfor animals as part of medical services.for animals as part of medical services.for animals as part of medical services. Aquaculture means the farming of aquatic organisms such as fish, crustaceans, and mollusks. It means the farming of aquatic organisms such as fish, crustaceans, and mollusks. It means the farming of aquatic organisms such as fish, crustaceans, and mollusks. It F involves cultivating freshwater and saltwater aquatic populations under controlled conditions for the involves cultivating freshwater and saltwater aquatic populations under controlled conditions for the involves cultivating freshwater and saltwater aquatic populations under controlled conditions for the production and sale of fish. Aquaponics means a closedmeans a closedmeans a closed---loop system between plants and fish. It involves cultivating fish loop system between plants and fish. It involves cultivating fish loop system between plants and fish. It involves cultivating fish and plants in a symbiotic environment for the production and sale of fish and produce. and plants in a symbiotic environment for the production and sale of fish and produce. and plants in a symbiotic environment for the production and sale of fish and produce. Assisted living facilityAssisted living facilityAssisted living facility means a residential facility licensed means a residential facility licensed means a residential facility licensed by the state which provides services on a regular basis, such as personal services, 24on a regular basis, such as personal services, 24on a regular basis, such as personal services, 24---hour supervision, social activities, and healthhour supervision, social activities, and healthhour supervision, social activities, and health- A related care and services, to individuals who require the assistance, but who do not require the related care and services, to individuals who require the assistance, but who do not require the related care and services, to individuals who require the assistance, but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.degree of care and treatment that a hospital or skilled nursing facility provides.degree of care and treatment that a hospital or skilled nursing facility provides. Basic structural alterationBasic structural alterationBasic structural alteration means any enlargement of a building, whether by extending on any means any enlargement of a building, whether by extending on any means any enlargement of a building, whether by extending on any side or by increasing in height, or the moving of a building from one location to another. side or by increasing in height, or the moving of a building from one location to another. side or by increasing in height, or the moving of a building from one location to another. Bed and breaBed and breaBed and breakfastkfastkfast means transient lodging establishment located in a singlemeans transient lodging establishment located in a singlemeans transient lodging establishment located in a single-family dwelling unit or other approved building in which guestrooms are rented on a nightly basis for periods of less unit or other approved building in which guestrooms are rented on a nightly basis for periods of less unit or other approved building in which guestrooms are rented on a nightly basis for periods of less R than a week and where at least one meal is offered in connection with the provision of sleeping than a week and where at least one meal is offered in connection with the provision of sleeping than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only.accommodations only.accommodations only. Boardinghouse or lodging houseBoardinghouse or lodging houseBoardinghouse or lodging house means a building, other than a motel or hotel, where lodging and meals are provided for compensation and by prearrangement for definite periods of not less and meals are provided for compensation and by prearrangement for definite periods of not less and meals are provided for compensation and by prearrangement for definite periods of not less than 30 consecutive calendar days for three or more persons, but not to exceed 20 persons.than 30 consecutive calendar days for three or more persons, but not to exceed 20 persons.than 30 consecutive calendar days for three or more persons, but not to exceed 20 persons. Brewery means a facility that produces beer, ale or other beverages made from malt by means a facility that produces beer, ale or other beverages made from malt by means a facility that produces beer, ale or other beverages made from malt by D fermentation and containing not less than one-half (½) of one (1) percent alcohol by volume. Building area means the area of a lot that is covered by buildings or as part of a building extended over the lot. Building area shall not include cornices, eaves, gutters, unenclosed decks or patios, or buildings with 120 square feet or less of area. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 39 of 223 38 E2 Building line means the line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located. For a lot fronting on a public water, the building line shall include a line parallel to the ordinary high-water level at the required setback therefrom. Cemetery, crematory, or mausoleum means land used or intended to be used exclusively for the burial of the human dead and dedicated for cemetery purposes, including, mausoleums, if the burial of the human dead and dedicated for cemetery purposes, including, mausoleums, if the burial of the human dead and dedicated for cemetery purposes, including, mausoleums, if operated in connection with and within the boundaries of such cemetery. Clinic, medical, dental, or health related means any entity that is not a hospital or residence that means any entity that is not a hospital or residence that means any entity that is not a hospital or residence that is used primarily for the provision of outpatient nursing, medical, podiatric, dental, chiropractic, is used primarily for the provision of outpatient nursing, medical, podiatric, dental, chiropractic, is used primarily for the provision of outpatient nursing, medical, podiatric, dental, chiropractic, optometric or mental health care and treatment or an entity which is required to be certified under optometric or mental health care and treatment or an entity which is required to be certified under optometric or mental health care and treatment or an entity which is required to be certified under the Department of Health Services in order to receive reimbursement for outpatient health services the Department of Health Services in order to receive reimbursement for outpatient health services the Department of Health Services in order to receive reimbursement for outpatient health services to clients. Club, lodge or hall means a nonprofit association of persons who are bona fide members, means a nonprofit association of persons who are bona fide members, means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group paying regular dues, and are organized for some common purpose, but not including a group paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.organized solely or primarily to render a service customarily carried on as a commercial enterprise.organized solely or primarily to render a service customarily carried on as a commercial enterprise. Commercial equipment means equipment not normally associated with residential uses or means equipment not normally associated with residential uses or means equipment not normally associated with residential uses or T purposes,including but not limited to cement mixers, snowplows, wood chippers, stump grinders, including but not limited to cement mixers, snowplows, wood chippers, stump grinders, including but not limited to cement mixers, snowplows, wood chippers, stump grinders, earth-moving equipment or heavy-duty compressors. duty compressors. duty compressors. Commercial use means a principal use of land or buildings for the sale, lease, rental or trade of means a principal use of land or buildings for the sale, lease, rental or trade of means a principal use of land or buildings for the sale, lease, rental or trade of products, goods or services. Community or market garden means a cultivated spaces typically gardened and managed by means a cultivated spaces typically gardened and managed by means a cultivated spaces typically gardened and managed by F one or more persons, either on undeveloped lots or on leased lands for private consumption or retail one or more persons, either on undeveloped lots or on leased lands for private consumption or retail one or more persons, either on undeveloped lots or on leased lands for private consumption or retail sale. Conditional use means a land use or development thatmeans a land use or development thatmeans a land use or development thatwould not be appropriate generally, but would not be appropriate generally, but would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by official controls. may be allowed with appropriate conditions or restrictions as provided by official controls. may be allowed with appropriate conditions or restrictions as provided by official controls. Contractor shop and yardContractor shop and yardContractor shop and yard means an establishment and its associated yard used for the repair, means an establishment and its associated yard used for the repair, means an establishment and its associated yard used for the repair, maintenance, or storage of amaintenance, or storage of amaintenance, or storage of acontractor's vehicles, equipment, and materials. It may include the contractor's vehicles, equipment, and materials. It may include the contractor's vehicles, equipment, and materials. It may include the A contractor's business office. Contractors include, but are not limited to, plumbing, heating, air contractor's business office. Contractors include, but are not limited to, plumbing, heating, air contractor's business office. Contractors include, but are not limited to, plumbing, heating, air conditioning, painting, roofing, carpentry, blacksmith, soldering or welding, electrical,conditioning, painting, roofing, carpentry, blacksmith, soldering or welding, electrical,conditioning, painting, roofing, carpentry, blacksmith, soldering or welding, electrical,and ventilation. Continuing care facilityContinuing care facilityContinuing care facility means a residential facility or complex which provides a variety of senior means a residential facility or complex which provides a variety of senior means a residential facility or complex which provides a variety of senior living choices, from independent living to longliving choices, from independent living to longliving choices, from independent living to long-term care, with a goal of helping residents to age in place. place. place. Covered structureCovered structureCovered structure means a smeans a smeans a structure with a roof. tructure with a roof. tructure with a roof. R Day care, familyDay care, familyDay care, family means a dwelling unit where a resident of the dwelling is providing care under means a dwelling unit where a resident of the dwelling is providing care under means a dwelling unit where a resident of the dwelling is providing care under Minnesota Rule 9502.Minnesota Rule 9502.Minnesota Rule 9502. Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises means a horizontal, unenclosed platform with or without attached railings, seats, trellises means a horizontal, unenclosed platform with or without attached railings, seats, trellises or other features that are attached or functionally related to a principal use. or other features that are attached or functionally related to a principal use. or other features that are attached or functionally related to a principal use. Direct to consumer sales Direct to consumer sales Direct to consumer sales means the sale of agricultural products or prepared foods directly from D farmers or vendors to consumers including, but not limited to, community supported agriculture, farm stands, farmer's markets. Dispenser means a device designed to dispense motor fuel which contains the hose nozzle and meter. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 40 of 223 39 E2 Disposal facility means a waste facility permitted by the state pollution control agency for the disposal of waste. A disposalfacility shall also include any appurtenant facilities needed to process waste for disposal or transfer to another waste facility. Distillery means facility that produces ethyl alcohol, hydrated oxide of ethyl, sprits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for non-industrial use. Drive-up food or beverage window, drive through sales and service means an opening in the means an opening in the means an opening in the wall of a building or restaurant designed and intended to be used to provide food and/or beverage wall of a building or restaurant designed and intended to be used to provide food and/or beverage wall of a building or restaurant designed and intended to be used to provide food and/or beverage sales and/or food and/or beverage service to patrons who remain in their vehicles AND An opening sales and/or food and/or beverage service to patrons who remain in their vehicles AND An opening sales and/or food and/or beverage service to patrons who remain in their vehicles AND An opening in the wall of a building designed and intended to be used to provide sales and/or service to patrons in the wall of a building designed and intended to be used to provide sales and/or service to patrons in the wall of a building designed and intended to be used to provide sales and/or service to patrons who remain in their vehicles. Dwelling, apartment means a building on a lot with side-by-side or stacked dwelling units that side or stacked dwelling units that side or stacked dwelling units that typically share a common entrance. Dwelling, apartment mixed use means a dwelling unit that is within a building that also contains means a dwelling unit that is within a building that also contains means a dwelling unit that is within a building that also contains a non-residential use permitted in that district. Dwelling, double (duplex)means a building on a lot designed and occupied exclusively as a means a building on a lot designed and occupied exclusively as a means a building on a lot designed and occupied exclusively as a T residence for two families. Dwelling, multiple means a building on a lot, designed exclusively as a residence for three or means a building on a lot, designed exclusively as a residence for three or means a building on a lot, designed exclusively as a residence for three or more families. Dwelling, single-unit means a detached building on a lot, designed exclusively as a residence means a detached building on a lot, designed exclusively as a residence means a detached building on a lot, designed exclusively as a residence for one family. F Dwelling site means a designated location for residential use, including temporary or moveable means a designated location for residential use, including temporary or moveable means a designated location for residential use, including temporary or moveable shelter, such as camping and recreational vehicle sshelter, such as camping and recreational vehicle sshelter, such as camping and recreational vehicle sites. ites. ites. Dwelling, townhouse means a residence for one family that is attached to at least two other means a residence for one family that is attached to at least two other 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 residences, each with a private outside entrance and with no one unit or major portion thereof residences, each with a private outside entrance and with no one unit or major portion thereof directly above or below the other unitsdirectly above or below the other unitsdirectly above or below the other units A Exterior sale of goodsExterior sale of goodsExterior sale of goods means exterior storage, display, sale, or distribution of goods or means exterior storage, display, sale, or distribution of goods or means exterior storage, display, sale, or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to consumer sales. consumer sales. consumer sales. FamilyFamilyFamily means one of the following, living together as a single housekeeping unit: means one of the following, living together as a single housekeeping unit: means one of the following, living together as a single housekeeping unit: (1)(1)(1)An individual or a group of persons not to exceed five, who are not related by blood, An individual or a group of persons not to exceed five, who are not related by blood, An individual or a group of persons not to exceed five, who are not related by blood, marriage, foster children, or adoption; marriage, foster children, or adoption; marriage, foster children, or adoption; R (2)(2)(2)Two persons related by blood, marriage, foster children, or adoption and not more than Two persons related by blood, marriage, foster children, or adoption and not more than Two persons related by blood, marriage, foster children, or adoption and not more than three unrelated personsthree unrelated personsthree unrelated persons; or (3)Three or more persons related by blood, marriage, foster children, or adoption and not Three or more persons related by blood, marriage, foster children, or adoption and not Three or more persons related by blood, marriage, foster children, or adoption and not more than two unrelated persons. more than two unrelated persons. more than two unrelated persons. Farm building means any building used for storing agricultural equipment or farm produce, means any building used for storing agricultural equipment or farm produce, means any building used for storing agricultural equipment or farm produce, D housing livestock or poultry, and poultry processing, including egg handling, and processing dairy products. The term "farm building" shall not include dwellings. Financial institution means an establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as banks or credit unions. Foundation area means the gross horizontal area of the building foundation, including a tuck- under garage, measured from the exterior side of a frost wall or basement wall. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 41 of 223 40 E2 Front line of the dwelling means thelonger side of a building that faces a street. If the front wall has an angle, the longest section shall be the front line. The length of parallel sections shall be added together to determine the longest section. On an interior lot, the director of community development may consider the short side of the building to be the front. The director shall base this decision on the design of the house. Front lot line means the lot line that abuts a street right-of-way line. On a corner lot, the front lot way line. On a corner lot, the front lot way line. On a corner lot, the front lot line shall be the line that is most parallel to the front line of the dwelling. If the city determines that all be the line that is most parallel to the front line of the dwelling. If the city determines that all be the line that is most parallel to the front line of the dwelling. If the city determines that the dwelling has no front line or that the line is equally parallel to both lot lines, the property owner the dwelling has no front line or that the line is equally parallel to both lot lines, the property owner the dwelling has no front line or that the line is equally parallel to both lot lines, the property owner shall choose a front lot line. Front yard setback means the distance between any part of a structure and a street rightmeans the distance between any part of a structure and a street rightmeans the distance between any part of a structure and a street right---ofofof---way way way line. A corner lot shall have a front yard setback on each street frontage. The front yard setback shall line. A corner lot shall have a front yard setback on each street frontage. The front yard setback shall line. A corner lot shall have a front yard setback on each street frontage. The front yard setback shall not include eaves, gutters, cornices or chimneys that project no more than two feet into the yard. not include eaves, gutters, cornices or chimneys that project no more than two feet into the yard. not include eaves, gutters, cornices or chimneys that project no more than two feet into the yard. The front yard setback shall also not include sidewalks, steps, ramps or atThe front yard setback shall also not include sidewalks, steps, ramps or atThe front yard setback shall also not include sidewalks, steps, ramps or at---grade patios that have no grade patios that have no grade patios that have no walls, solid fence or roof. Funeral home or mortuary means an establishment providing services such as preparing the means an establishment providing services such as preparing the means an establishment providing services such as preparing the deceased for burial or cremation and arranging and managing funerals. The facility may include a for burial or cremation and arranging and managing funerals. The facility may include a for burial or cremation and arranging and managing funerals. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings.chapel for the conduct of funeral services and spaces for funeral services and informal gatherings.chapel for the conduct of funeral services and spaces for funeral services and informal gatherings. T Grade means as defined by the Uniform Building Code. means as defined by the Uniform Building Code. means as defined by the Uniform Building Code. Green space means the area(s) of the site which is not covered by paved surfaces, the principal ans the area(s) of the site which is not covered by paved surfaces, the principal ans the area(s) of the site which is not covered by paved surfaces, the principal structure, any accessory structures, and other structures like decks, pools, pergolas, etc. Green structure, any accessory structures, and other structures like decks, pools, pergolas, etc. Green structure, any accessory structures, and other structures like decks, pools, pergolas, etc. Green space can include landscaping, planting beds, fencing, retaining walls, and similar improvements.space can include landscaping, planting beds, fencing, retaining walls, and similar improvements.space can include landscaping, planting beds, fencing, retaining walls, and similar improvements. F Habitable floor area means residential floor area that meets the Uniform Building Code means residential floor area that meets the Uniform Building Code means residential floor area that meets the Uniform Building Code requirements for ceiling height, light and ventilation. requirements for ceiling height, light and ventilation. requirements for ceiling height, light and ventilation. Health/sports club means an establishment exceeding 20,000 square feet in size which means an establishment exceeding 20,000 square feet in size which means an establishment exceeding 20,000 square feet in size which provides physical fitness facilities and services to the public for a fee, including but not limited to; des physical fitness facilities and services to the public for a fee, including but not limited to; des physical fitness facilities and services to the public for a fee, including but not limited to; game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness maintenance and weight control services and instructors, locker rooms, saunas and associated retail maintenance and weight control services and instructors, locker rooms, saunas and associated retail maintenance and weight control services and instructors, locker rooms, saunas and associated retail A shop intended for members of the club only.shop intended for members of the club only.shop intended for members of the club only. Heavy commercial vehicleHeavy commercial vehicleHeavy commercial vehicle means a vehicle, including trailers, with more than a onemeans a vehicle, including trailers, with more than a onemeans a vehicle, including trailers, with more than a one-ton nominal rated carrying capacity, including but not limited to the following: rated carrying capacity, including but not limited to the following: rated carrying capacity, including but not limited to the following: (1)(1)(1) T T Tractor trucks, wreckers, backhoes or dump trucks; vehicles and equipment designed or ractor trucks, wreckers, backhoes or dump trucks; vehicles and equipment designed or ractor trucks, wreckers, backhoes or dump trucks; vehicles and equipment designed or modified for use in any construction, demolition, maintenance or delivery activity; modified for use in any construction, demolition, maintenance or delivery activity; modified for use in any construction, demolition, maintenance or delivery activity; semitrailers; garbage trucks; tank trucks; flatbed trucks; boom or bucket trucks; cattlsemitrailers; garbage trucks; tank trucks; flatbed trucks; boom or bucket trucks; cattlsemitrailers; garbage trucks; tank trucks; flatbed trucks; boom or bucket trucks; cattle R trucks; trucks carrying or designed to carry explosive or flammable materials, welltrucks; trucks carrying or designed to carry explosive or flammable materials, welltrucks; trucks carrying or designed to carry explosive or flammable materials, well-drilling equipment, earthequipment, earthequipment, earth---moving equipment; vehicles and equipment used for maintenance, moving equipment; vehicles and equipment used for maintenance, moving equipment; vehicles and equipment used for maintenance, repair, construction or delivery on the premises may be parked at or on the property during repair, construction or delivery on the premises may be parked at or on the property during repair, construction or delivery on the premises may be parked at or on the property during the period of work. the period of work. the period of work. (2)Tractors (road or farm) other than those intended for residential purposes or uses. Tractors (road or farm) other than those intended for residential purposes or uses. Tractors (road or farm) other than those intended for residential purposes or uses. (3)All trailers or towed equipment with a capacity greater than one ton or a gross vehicle All trailers or towed equipment with a capacity greater than one ton or a gross vehicle All trailers or towed equipment with a capacity greater than one ton or a gross vehicle D weight rating of more than 12,000 pounds. (4)All trucks, truck tractors, tractors, semitrailers, vans, or pickup trucks as defined that have a capacity greater than one ton or a gross vehicle weight or maximum gross vehicle weight of more than 12,000 pounds. (5)Step vans designed or modified for the transportation of cargo, freight, construction machinery, equipment, materials or implements. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 42 of 223 41 E2 This definition does not include the resident's recreational vehicles. Height of building means the vertical distance of a building measured from the mean grade level directly in front of the building to the midpoint of a pitched roof and the top of a flat roof. The height of a building shall not include chimneys, spires, towers, rooftop mechanical equipment, elevator penthouses, or similar building projections. Helistop means a place for one helicopter to land or take off, but does not include fueling or means a place for one helicopter to land or take off, but does not include fueling or means a place for one helicopter to land or take off, but does not include fueling or maintenance operations or facilities. Home garden means a garden within a residential property. Home occupation means any gainful occupation engaged in by an occupant of a dwelling unit means any gainful occupation engaged in by an occupant of a dwelling unit means any gainful occupation engaged in by an occupant of a dwelling unit where the occupation is secondary to the main use of the premises as a residence. Such occupation where the occupation is secondary to the main use of the premises as a residence. Such occupation where the occupation is secondary to the main use of the premises as a residence. Such occupation may be conducted within a dwelling unit or accessory structure. Hotel means a building containing six or more guest rooms in which temporary lodging is means a building containing six or more guest rooms in which temporary lodging is means a building containing six or more guest rooms in which temporary lodging is offered to guests for compensation, and in which access to and from each room or unit is through offered to guests for compensation, and in which access to and from each room or unit is through offered to guests for compensation, and in which access to and from each room or unit is through interior lobbies, courts, or halls. Additional services such as restaurants, meeting rooms, interior lobbies, courts, or halls. Additional services such as restaurants, meeting rooms, interior lobbies, courts, or halls. Additional services such as restaurants, meeting rooms, entertainment, and recreational facilities may also be provided. entertainment, and recreational facilities may also be provided. entertainment, and recreational facilities may also be provided. T Indoor theater means an establishment that has an audience viewing hall or room and a means an establishment that has an audience viewing hall or room and a means an establishment that has an audience viewing hall or room and a permanent stage for the presentation of live performances by live actors to a live audience in a permanent stage for the presentation of live performances by live actors to a live audience in a permanent stage for the presentation of live performances by live actors to a live audience in a theater setting. Theaters may include but are not limited to live performances of music, dance, plays theater setting. Theaters may include but are not limited to live performances of music, dance, plays theater setting. Theaters may include but are not limited to live performances of music, dance, plays and orations. Also includes movie theaters.and orations. Also includes movie theaters.and orations. Also includes movie theaters. Industrial use means the use of land or buildings to produce, manufacture, store or transfer means the use of land or buildings to produce, manufacture, store or transfer means the use of land or buildings to produce, manufacture, store or transfer goods, products, commodities or other times. goods, products, commodities or other times. goods, products, commodities or other times. F Livestock raising and handlingLivestock raising and handlingLivestock raising and handling include horses, cattle, mules, asses, goats, sheep, swine, include horses, cattle, mules, asses, goats, sheep, swine, include horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches, reptiles, genetic hybrids of the foregoing, and other living animals usually buffalo, llamas, ostriches, reptiles, genetic hybrids of the foregoing, and other living animals usually buffalo, llamas, ostriches, reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture, husbandry, or the production of edible or salable byproducts. This definition shall lture, husbandry, or the production of edible or salable byproducts. This definition shall lture, husbandry, or the production of edible or salable byproducts. This definition shall be expressly construed as having no application to the ownership or disposition of poultry.be expressly construed as having no application to the ownership or disposition of poultry.be expressly construed as having no application to the ownership or disposition of poultry. Live-work unit means a dwelling unit in combination with a shop, office, studio or other means a dwelling unit in combination with a shop, office, studio or other means a dwelling unit in combination with a shop, office, studio or other A workspace within the same unit, where the resident occupant both lives and works.workspace within the same unit, where the resident occupant both lives and works.workspace within the same unit, where the resident occupant both lives and works. Long-term or transitional care facilityterm or transitional care facilityterm or transitional care facility means a facility that provides meals, lodging, and nursing means a facility that provides meals, lodging, and nursing means a facility that provides meals, lodging, and nursing care to two or more individuals due to illness, age, or infcare to two or more individuals due to illness, age, or infcare to two or more individuals due to illness, age, or infirmity. Long-term care facilities include skilled nursing facilities such as nursing homes, rest homes, boarding care homes, convalescent skilled nursing facilities such as nursing homes, rest homes, boarding care homes, convalescent skilled nursing facilities such as nursing homes, rest homes, boarding care homes, convalescent care, and other transitional care facilities.care, and other transitional care facilities.care, and other transitional care facilities. LotLotLot means a parcel of land described separately from other parcels of land by a plat, metes and means a parcel of land described separately from other parcels of land by a plat, metes and means a parcel of land described separately from other parcels of land by a plat, metes and R bounds, registered land survey, auditor's plat or other accepted means. The county must record the bounds, registered land survey, auditor's plat or other accepted means. The county must record the bounds, registered land survey, auditor's plat or other accepted means. The county must record the lot description. lot description. lot description. Lot areaLot areaLot area means the area of a lot, excluding drainage easements, wetlands and land below the means the area of a lot, excluding drainage easements, wetlands and land below the means the area of a lot, excluding drainage easements, wetlands and land below the ordinary high-water mark of public waters. water mark of public waters. water mark of public waters. Lot of recordLot of recordLot of record means any legal parcel of land which is or can be taxed by the county as a means any legal parcel of land which is or can be taxed by the county as a means any legal parcel of land which is or can be taxed by the county as a separate parcel, without the need for lot division approval by the city. separate parcel, without the need for lot division approval by the city. separate parcel, without the need for lot division approval by the city. D Lot width means the distance at the building line between side property lines for interior lots and between a side property line and the opposite street right-of-way for corner lots. Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or40 body feet or more in length, or, when erected, on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required December 11, 2023 City Council Meeting Minutes Council Packet Page Number 43 of 223 42 E2 utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code in Minn. Stat. § 327.31, subd. 6. Manufactured home park means a parcel of land under single control or ownership which has been developed for the placement of manufactured homes for residential use. Manufacturing, heavy means an establishment or use of land that manufactures, assembles, or means an establishment or use of land that manufactures, assembles, or means an establishment or use of land that manufactures, assembles, or fabricates using processes that generally create odor, noise, vibration, illumination or particulates fabricates using processes that generally create odor, noise, vibration, illumination or particulates fabricates using processes that generally create odor, noise, vibration, illumination or particulates that may impact surrounding properties. This category shall also include any use of land that needs that may impact surrounding properties. This category shall also include any use of land that needs that may impact surrounding properties. This category shall also include any use of land that needs large outdoor structures or storage that cannot be incorporated into the building. Examples include, large outdoor structures or storage that cannot be incorporated into the building. Examples include, large outdoor structures or storage that cannot be incorporated into the building. Examples include, but are not limited to thefollowing: large-scale food and bottling operations; lumber, milling and scale food and bottling operations; lumber, milling and scale food and bottling operations; lumber, milling and planning facilities; grain milling; gas manufacture, aggregate, concrete, and asphalt plants; planning facilities; grain milling; gas manufacture, aggregate, concrete, and asphalt plants; planning facilities; grain milling; gas manufacture, aggregate, concrete, and asphalt plants; foundries, forge shops, and other intensive metal fabrication; and chemical manufacturinfoundries, forge shops, and other intensive metal fabrication; and chemical manufacturinfoundries, forge shops, and other intensive metal fabrication; and chemical manufacturing.g.g. Manufacturing, light means an establishment or use of land for the assembly or processing of means an establishment or use of land for the assembly or processing of means an establishment or use of land for the assembly or processing of previously processed components or manufactured parts using processes that do not create previously processed components or manufactured parts using processes that do not create previously processed components or manufactured parts using processes that do not create significant amounts of noise, vibration, illumination, or particulates that may impact surrounding significant amounts of noise, vibration, illumination, or particulates that may impact surrounding significant amounts of noise, vibration, illumination, or particulates that may impact surrounding properties. Odors produced on-site shall not negatively affect other businesses or properties in the site shall not negatively affect other businesses or properties in the site shall not negatively affect other businesses or properties in the area. Examples include but are not limited to the following: food; pharmaceuticals; clothes; furniture area. Examples include but are not limited to the following: food; pharmaceuticals; clothes; furniture area. Examples include but are not limited to the following: food; pharmaceuticals; clothes; furniture (where wood is milled off-site); hardware; toys; light sheet metal products; mechanical components; site); hardware; toys; light sheet metal products; mechanical components; site); hardware; toys; light sheet metal products; mechanical components; musical instruments; printing; small vehicle assembly; custom shop for making articles or products musical instruments; printing; small vehicle assembly; custom shop for making articles or products musical instruments; printing; small vehicle assembly; custom shop for making articles or products sold on the premises; and computer software. This shall not include the assembly sold on the premises; and computer software. This shall not include the assembly sold on the premises; and computer software. This shall not include the assembly or processing of or processing of or processing of fish associated with aquaponics or aquaculture operations.fish associated with aquaponics or aquaculture operations.fish associated with aquaponics or aquaculture operations. Market value means the taxable market value as determined by the county assessor's office. means the taxable market value as determined by the county assessor's office. means the taxable market value as determined by the county assessor's office. Medical and dental laboratoriesMedical and dental laboratoriesMedical and dental laboratories, , , not including the manufacture of pharmaceutical or othenot including the manufacture of pharmaceutical or othenot including the manufacture of pharmaceutical or other products for general sales and distribution products for general sales and distribution products for general sales and distribution means a facility involved in scientific research, means a facility involved in scientific research, means a facility involved in scientific research, investigation, testing, or experimentation, but not including manufacture or sale of products, except investigation, testing, or experimentation, but not including manufacture or sale of products, except investigation, testing, or experimentation, but not including manufacture or sale of products, except as incidental to the main purpose of the laboratory.as incidental to the main purpose of the laboratory.as incidental to the main purpose of the laboratory. Micro-unit means a mobile residential dwelling, providing permanent housing within a sacred means a mobile residential dwelling, providing permanent housing within a sacred means a mobile residential dwelling, providing permanent housing within a sacred community that meets the requirements of Minn. Stats. § 327.30.community that meets the requirements of Minn. Stats. § 327.30.community that meets the requirements of Minn. Stats. § 327.30. Mining means the surface or subsurface removal of sand, gravel, rock, industrial minerals, other means the surface or subsurface removal of sand, gravel, rock, industrial minerals, other means the surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals and peat not regulated under state law. nonmetallic minerals and peat not regulated under state law. nonmetallic minerals and peat not regulated under state law. Motel means a building or group of buildings containing six or more guest rooms in which means a building or group of buildings containing six or more guest rooms in which means a building or group of buildings containing six or more guest rooms in which temporary lodging is offered to guests for compensation, and in which access to and from each room temporary lodging is offered to guests for compensation, and in which access to and from each room temporary lodging is offered to guests for compensation, and in which access to and from each room or unit is through an exterior door. or unit is through an exterior door. or unit is through an exterior door. Motor vehicle accessory installationMotor vehicle accessory installationMotor vehicle accessory installation center means a place to install equipment sold on the premises in a motor vehicle.premises in a motor vehicle.premises in a motor vehicle. Motor vehicleMotor vehicleMotor vehiclemaintenance garagemaintenance garagemaintenance garage means a building for the maintenance or repair of motor vehicles. This definition does not include a motor vehicle accessory installation center or motor vehicles. This definition does not include a motor vehicle accessory installation center or motor vehicles. This definition does not include a motor vehicle accessory installation center or motor vehicle wash. vehicle wash. vehicle wash. Motor vehicle major motor fuel stationMotor vehicle major motor fuel stationMotor vehicle major motor fuel station means a retail business engaged in the sale of motor vehicle fuels that has more than three dispensers.vehicle fuels that has more than three dispensers.vehicle fuels that has more than three dispensers. Motor vehicle minor motor fuel station means a retail business engaged in the sale of motor vehicle fuels with a maximum of three dispensers. Fuel dispensers shall be designed to serve only two cars at once. Motor vehicle wash means a building for washing motor vehicles. This definition does not include the occasional handwashing of vehicles stored in a parking garage. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 44 of 223 43 E2 Nonconforming building or use means a building or a use of land or of a building, existing at the effective date of any section of this chapter, which does not conform with the requirements of such section of this chapter, or a use authorized under article V of this chapter. On-sale liquor is the sale of alcoholic beverages for consumption on the licensed premises only. Open space and parks mean properties that are publicly owned which are used or planned as mean properties that are publicly owned which are used or planned as mean properties that are publicly owned which are used or planned as open space or park lands. Personal service means establishments primarily engaged in providing individual servimeans establishments primarily engaged in providing individual servimeans establishments primarily engaged in providing individual services ces ces generally related to personal needs; examples include, but are not limited to: barber and beauty generally related to personal needs; examples include, but are not limited to: barber and beauty generally related to personal needs; examples include, but are not limited to: barber and beauty shops, dry cleaning or laundry pick up station, laundromats, permanent makeshops, dry cleaning or laundry pick up station, laundromats, permanent makeshops, dry cleaning or laundry pick up station, laundromats, permanent make---up studios, tailors, up studios, tailors, up studios, tailors, tattoo shops, salons, and photography studio. Place of amusement, recreation or assembly, other than an indoor theater, indoor athletic other than an indoor theater, indoor athletic other than an indoor theater, indoor athletic activity or itinerant carnival facility operated as a business and which are open to the public for a fee activity or itinerant carnival facility operated as a business and which are open to the public for a fee activity or itinerant carnival facility operated as a business and which are open to the public for a fee that shall include, but is not limited to, billiard parlors, skating rinks, indoor swimming pools, bowling that shall include, but is not limited to, billiard parlors, skating rinks, indoor swimming pools, bowling that shall include, but is not limited to, billiard parlors, skating rinks, indoor swimming pools, bowling alleys, arcades, tennis courts, and other similar businesses. Such businesses may also provide a alleys, arcades, tennis courts, and other similar businesses. Such businesses may also provide a alleys, arcades, tennis courts, and other similar businesses. Such businesses may also provide a snack bar, alcoholic and non-alcoholic beverage sales, restaurant, retails sales of related items, and alcoholic beverage sales, restaurant, retails sales of related items, and alcoholic beverage sales, restaurant, retails sales of related items, and other support facilities. T Planned unit developments (PUD)means a type of development characterized by a unified site means a type of development characterized by a unified site means a type of development characterized by a unified site design, with often two or more principal uses or structures. A PUD may include townhouses, design, with often two or more principal uses or structures. A PUD may include townhouses, design, with often two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. use structures such as an apartment with commercial shops, or similar projects. use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites and may include singleResidential PUDs must have at least five dwelling units or dwelling sites and may include singleResidential PUDs must have at least five dwelling units or dwelling sites and may include single- dwelling homes. The PUD application, timing and recording process is described under article VII, dwelling homes. The PUD application, timing and recording process is described under article VII, dwelling homes. The PUD application, timing and recording process is described under article VII, F Rezoning to a planned unit development. evelopment. evelopment. Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris) means domesticated birds in the order of Galliformes (excluding the genus Meleagris) means domesticated birds in the order of Galliformes (excluding the genus Meleagris) that serve as a source of eggs or meat. that serve as a source of eggs or meat. that serve as a source of eggs or meat. Predominant setbackPredominant setbackPredominant setback means the setback of the majority of the dwellings on the same side of means the setback of the majority of the dwellings on the same side of means the setback of the majority of the dwellings on the same side of the same street and within 350 feet of the lot to be built on. the same street and within 350 feet of the lot to be built on. the same street and within 350 feet of the lot to be built on. Premises means a tract of land, including any buildings thereon. means a tract of land, including any buildings thereon. means a tract of land, including any buildings thereon. A Private garagePrivate garagePrivate garage means an accessory building designed or used for the shelter or storage of means an accessory building designed or used for the shelter or storage of means an accessory building designed or used for the shelter or storage of motor vehicles. motor vehicles. motor vehicles. Public parks and playgroundsPublic parks and playgroundsPublic parks and playgrounds mean properties that are publicly owned which are used or mean properties that are publicly owned which are used or mean properties that are publicly owned which are used or planned as open space or park lands.planned as open space or park lands.planned as open space or park lands. Publishing or printing establishmentPublishing or printing establishmentPublishing or printing establishment means a business engaging in the reproduction of written R or graphic materials through processes that include the use of volatile organic compounds which are or graphic materials through processes that include the use of volatile organic compounds which are or graphic materials through processes that include the use of volatile organic compounds which are subject to federal or state air emissions regulations. subject to federal or state air emissions regulations. subject to federal or state air emissions regulations. Rear lot lineRear lot lineRear lot line means the lot line that is opposite and most parallel to the front lot line. means the lot line that is opposite and most parallel to the front lot line. means the lot line that is opposite and most parallel to the front lot line. Rear yard setbackRear yard setbackRear yard setback means the distance between any part of a structure and the rear pmeans the distance between any part of a structure and the rear pmeans the distance between any part of a structure and the rear property line. The rear yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project line. The rear yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project line. The rear yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project no more than two feet into the yard. no more than two feet into the yard. no more than two feet into the yard. D Recyclable materials means materials that can be processed for reuse. Such materials include paper, glass, metals, automobile oil, batteries, yard waste, garbage, refuse, water-treatment-plant sludge, concrete or asphalt. Recyclable materials do not include hazardous waste, except when part of an approved household hazardous waste program, animal waste or sewagesludge. Recycling facility means a place for the collection or processing of recyclable materials brought from another site. A recycling facility shall not include a disposal facility, junkyard or any yard for the December 11, 2023 City Council Meeting Minutes Council Packet Page Number 45 of 223 44 E2 storage or disposal of vehicle parts. A recycling facility shall also not include the incidental collection of recyclable materials within a building, the temporary collection of newspapers or cans for fundraising, or reverse vending machines. Religious institutions means a church, synagogue, mosque, or other religious organization organized under Minn. Stats. Chapter 315. Residential care, licensed in-home means an in-home residential facility licensed by the state home residential facility licensed by the state home residential facility licensed by the state under 144D which provides primarily nonmedical care to individuals who are in need of personal under 144D which provides primarily nonmedical care to individuals who are in need of personal under 144D which provides primarily nonmedical care to individuals who are in need of personal assistance to manage the activities of daily life or for the protection of the individual.assistance to manage the activities of daily life or for the protection of the individual.assistance to manage the activities of daily life or for the protection of the individual. Residential lot line means the lot line of any property with a residential building on it or any means the lot line of any property with a residential building on it or any means the lot line of any property with a residential building on it or any property that the city is planning for residential useon its land use plan. on its land use plan. on its land use plan. Residential planned unit development means a residential use that is nontransient, and the means a residential use that is nontransient, and the means a residential use that is nontransient, and the primary focus of the development is not service oriented. For example, residential apartments, primary focus of the development is not service oriented. For example, residential apartments, primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, residential condominiums, townhouses, cooperatives, singlemanufactured home parks, residential condominiums, townhouses, cooperatives, singlemanufactured home parks, residential condominiums, townhouses, cooperatives, single---dwelling dwelling dwelling homes and multiple dwellings would meet this definition. Restaurant means an establishment, where food and drink are prepared and served for human means an establishment, where food and drink are prepared and served for human means an establishment, where food and drink are prepared and served for human consumption, principally within the establishment or for takeconsumption, principally within the establishment or for takeconsumption, principally within the establishment or for take---out to be consumed offout to be consumed offout to be consumed off---premises. This premises. This premises. This T does include drive-in restaurant. A restaurant can include a brewpub where beer brewed on in restaurant. A restaurant can include a brewpub where beer brewed on in restaurant. A restaurant can include a brewpub where beer brewed on premises is sold in addition to food. Retail means establishments engaged in selling goods or merchandise to the general public for means establishments engaged in selling goods or merchandise to the general public for means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods; personal or household consumption and rendering services incidental to the sale of the goods; personal or household consumption and rendering services incidental to the sale of the goods; examples include, but are not limited to: grocery, liquor, department, variety, clothing, furniture, examples include, but are not limited to: grocery, liquor, department, variety, clothing, furniture, examples include, but are not limited to: grocery, liquor, department, variety, clothing, furniture, F antique, gift, drug, hardware, and book stores, news shops, photocopying establishments, flower antique, gift, drug, hardware, and book stores, news shops, photocopying establishments, flower antique, gift, drug, hardware, and book stores, news shops, photocopying establishments, flower shops, consignment shops and show rooms for retail. Incidental repair of items sold may be shops, consignment shops and show rooms for retail. Incidental repair of items sold may be shops, consignment shops and show rooms for retail. Incidental repair of items sold may be provided on site. Pawn shops and auction halls are not considered general retail.provided on site. Pawn shops and auction halls are not considered general retail.provided on site. Pawn shops and auction halls are not considered general retail. Retail or commercial rental activitiesRetail or commercial rental activitiesRetail or commercial rental activities means rental of commercial equipment, including but not means rental of commercial equipment, including but not means rental of commercial equipment, including but not limited to scaffolding, skid loaders, party tents, and fork lifts.limited to scaffolding, skid loaders, party tents, and fork lifts.limited to scaffolding, skid loaders, party tents, and fork lifts. Road tractor means any motor vehicle designed or used for drawing other vehicles but having means any motor vehicle designed or used for drawing other vehicles but having means any motor vehicle designed or used for drawing other vehicles but having A no provision for carrying loads independently or any part of the weight of the load it is drawing. no provision for carrying loads independently or any part of the weight of the load it is drawing. no provision for carrying loads independently or any part of the weight of the load it is drawing. RoominghouseRoominghouseRoominghouse means any single housekeeping unit in which space is rented, less meals, to means any single housekeeping unit in which space is rented, less meals, to means any single housekeeping unit in which space is rented, less meals, to persons unrelated to the resident manager or property owner, in excess of the definition of family, as persons unrelated to the resident manager or property owner, in excess of the definition of family, as persons unrelated to the resident manager or property owner, in excess of the definition of family, as defined in this section. ned in this section. ned in this section. Sacred communitySacred communitySacred community means a residential settlement established on or contiguous to the grounds means a residential settlement established on or contiguous to the grounds means a residential settlement established on or contiguous to the grounds of a religious institution's primary worship location primarily for the purpose of providing permanent of a religious institution's primary worship location primarily for the purpose of providing permanent of a religious institution's primary worship location primarily for the purpose of providing permanent R housing for chronically homeless personhousing for chronically homeless personhousing for chronically homeless persons, extremely low-income persons, and designated volunteers that meet the requirements of Minn. Stats. § 327.30.volunteers that meet the requirements of Minn. Stats. § 327.30.volunteers that meet the requirements of Minn. Stats. § 327.30. Sale or leasing of new or used motor vehiclesSale or leasing of new or used motor vehiclesSale or leasing of new or used motor vehicles means an open area, other than a street, used for the display, sale or rental of new or used motorfor the display, sale or rental of new or used motorfor the display, sale or rental of new or used motorvehicles in operable condition and where no repair work is done.repair work is done.repair work is done. Scrap, salvage, or junk yardScrap, salvage, or junk yardScrap, salvage, or junk yard means any area, lot, land, parcel, building or structure, or part D thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, waste, reclaimable material or debris. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to persons outside the regular constituency of the organization. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 46 of 223 45 E2 Semitrailer means avehicle of the trailer type so designed and used in conjunction with a truck tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor and includes a trailer drawn by a truck tractor semitrailer combination. Setback means the minimum horizontal distance between any part of a structure, sewage treatment system or other facility and an ordinary high-water level, sewage treatment system, top of a bluff, property line or another structure. Setbacks shall not include eaves, gutters, cornices, steps, a bluff, property line or another structure. Setbacks shall not include eaves, gutters, cornices, steps, a bluff, property line or another structure. Setbacks shall not include eaves, gutters, cornices, steps, chimneys or fireplaces projecting not more than two feet from the principal structure. chimneys or fireplaces projecting not more than two feet from the principal structure. chimneys or fireplaces projecting not more than two feet from the principal structure. Sewage treatment system means a septic tank and soil absorption system or other individual or means a septic tank and soil absorption system or other individual or means a septic tank and soil absorption system or other individual or cluster-type sewage treatment system. Shoreland planned unit development means a planned unit development (PUD) located within means a planned unit development (PUD) located within means a planned unit development (PUD) located within the shoreland overlay district. The shoreland PUD is processed as a conditional use permit, as the shoreland overlay district. The shoreland PUD is processed as a conditional use permit, as the shoreland overlay district. The shoreland PUD is processed as a conditional use permit, as described under article IX, Shoreland Overlay District, and in compliance with Minn. Rules described under article IX, Shoreland Overlay District, and in compliance with Minn. Rules described under article IX, Shoreland Overlay District, and in compliance with Minn. Rules 6120.3800 as may be amended. Side lot line means the lot lines that connect the front and rear lot lines. means the lot lines that connect the front and rear lot lines. means the lot lines that connect the front and rear lot lines. Side yard setback means the distance between any part of a structure and the side property means the distance between any part of a structure and the side property means the distance between any part of a structure and the side property line. The side yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project line. The side yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project line. The side yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project T no more than two feet into the yard. Signs mean any letter, word or symbol, device, poster, picture, statuary, reading matter, or mean any letter, word or symbol, device, poster, picture, statuary, reading matter, or mean any letter, word or symbol, device, poster, picture, statuary, reading matter, or representation in the nature of an advertisement, announcement, message or visual constructed, representation in the nature of an advertisement, announcement, message or visual constructed, representation in the nature of an advertisement, announcement, message or visual constructed, which is displayed to direct the attention of the public for informative or communicative purposes. which is displayed to direct the attention of the public for informative or communicative purposes. which is displayed to direct the attention of the public for informative or communicative purposes. Such communication located completely within an enclosed building and not exposed to view from a Such communication located completely within an enclosed building and not exposed to view from a Such communication located completely within an enclosed building and not exposed to view from a F street shall not be considered a sign.street shall not be considered a sign.street shall not be considered a sign. Specialty food or coffee shopSpecialty food or coffee shopSpecialty food or coffee shop means an establishment whose primary business is the sale of a means an establishment whose primary business is the sale of a means an establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, ice cream) for consumption on or off premises. The sale of other food, beverages, or merchandise is ice cream) for consumption on or off premises. The sale of other food, beverages, or merchandise is ice cream) for consumption on or off premises. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage.incidental to the sale of the specialty food or beverage.incidental to the sale of the specialty food or beverage. Street line means the dividing line between a lot and the outside boundary of a public street, means the dividing line between a lot and the outside boundary of a public street, means the dividing line between a lot and the outside boundary of a public street, A road or highway legally open or officially plotted by the city, or between a lot and a private street, road or highway legally open or officially plotted by the city, or between a lot and a private street, road or highway legally open or officially plotted by the city, or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single or separate road or way over which the owners or tenants of two or more lots held in single or separate road or way over which the owners or tenants of two or more lots held in single or separate ownership have the rightownership have the rightownership have the right---ofofof---way. way. way. StructureStructureStructure means any building or appurtenance constructed or built on the ground or attached to means any building or appurtenance constructed or built on the ground or attached to means any building or appurtenance constructed or built on the ground or attached to the ground. This does not include aerial or underground utility lines, such as sewer, electric, the ground. This does not include aerial or underground utility lines, such as sewer, electric, the ground. This does not include aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles or other supporting facilities.telephone, telegraph, gas lines, towers, poles or other supporting facilities.telephone, telegraph, gas lines, towers, poles or other supporting facilities. R Studio or makerspaceStudio or makerspaceStudio or makerspace means an establishment engaged in the sale, loan, or display of visual means an establishment engaged in the sale, loan, or display of visual means an establishment engaged in the sale, loan, or display of visual works of art. Makerspace is defined as an establishment where hand tools, mechanical tools and works of art. Makerspace is defined as an establishment where hand tools, mechanical tools and works of art. Makerspace is defined as an establishment where hand tools, mechanical tools and electronic tools are shared or individually used for the manufacture of artisan finished products or electronic tools are shared or individually used for the manufacture of artisan finished products or electronic tools are shared or individually used for the manufacture of artisan finished products or parts includingparts includingparts includingdesign, processing, fabrication, assembly, treatment, and packaging of products; as design, processing, fabrication, assembly, treatment, and packaging of products; as design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to: electronic goods; food and bakery products in a commercial uses include, but are not limited to: electronic goods; food and bakery products in a commercial uses include, but are not limited to: electronic goods; food and bakery products in a commercial kitchen; non-alcoholic beverages; printmaking; household appliances; leather products; jewelry and alcoholic beverages; printmaking; household appliances; leather products; jewelry and alcoholic beverages; printmaking; household appliances; leather products; jewelry and D clothing/apparel; metal work; furniture; glass or ceramic production; and paper manufacturing. Storage and sale of machinery andequipment means the storage and sale of machinery and equipment, including but not limited to trailers, motorcycles, boats, and farm implements. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 47 of 223 46 E2 Storage facility, personal means a building or group of buildings consisting of individual, self- contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Storage yard means any lot used for the purposes of keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. Subdivision means the separation of an area, parcel or tract of land into two or more parcels, means the separation of an area, parcel or tract of land into two or more parcels, means the separation of an area, parcel or tract of land into two or more parcels, tracts, lots or long-term leasehold interests for sale, rent or lease. Supportive commercial uses mean c ommercial uses that provide services to the primary use, ommercial uses that provide services to the primary use, ommercial uses that provide services to the primary use, including incidental services, such as restaurants, pharmacies and retail sales which serve primarily including incidental services, such as restaurants, pharmacies and retail sales which serve primarily including incidental services, such as restaurants, pharmacies and retail sales which serve primarily the occupants and patrons of the permitted office use, when conducted within the same building.the occupants and patrons of the permitted office use, when conducted within the same building.the occupants and patrons of the permitted office use, when conducted within the same building. Trailer means any vehicledesigned for carrying property or passengers on its own structure designed for carrying property or passengers on its own structure designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle, but does not include a trailer drawn by a truck tractor and for being drawn by a motor vehicle, but does not include a trailer drawn by a truck tractor and for being drawn by a motor vehicle, but does not include a trailer drawn by a truck tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. Truck means any motor vehicle designed, used or maintained primarily for the transportation of means any motor vehicle designed, used or maintained primarily for the transportation of means any motor vehicle designed, used or maintained primarily for the transportation of property or for carrying property other than passengers, except pickup trucks and vans. property or for carrying property other than passengers, except pickup trucks and vans. property or for carrying property other than passengers, except pickup trucks and vans. T Truck tractor means one of the following: (1)A motor vehicle designed and used primarily for drawing other vehicles and not A motor vehicle designed and used primarily for drawing other vehicles and not A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn; or constructed to carry a load other than a part of the weight of the vehicle and load drawn; or constructed to carry a load other than a part of the weight of the vehicle and load drawn; or (2)A motor vehicle designed and used primarily for drawing other vehicles used exclusively A motor vehicle designed and used primarily for drawing other vehicles used exclusively A motor vehicle designed and used primarily for drawing other vehicles used exclusively F for transporting motor vehicles or boats and capable of carrying motor vehicles or boats on for transporting motor vehicles or boats and capable of carrying motor vehicles or boats on for transporting motor vehicles or boats and capable of carrying motor vehicles or boats on its own structure. Trucking yard or terminalTrucking yard or terminalTrucking yard or terminal means a facility for semitrucks and freight to be temporarily parked or means a facility for semitrucks and freight to be temporarily parked or means a facility for semitrucks and freight to be temporarily parked or stored (two weeks or less) and transferred from one vehicle or company to another. stored (two weeks or less) and transferred from one vehicle or company to another. stored (two weeks or less) and transferred from one vehicle or company to another. Urban farms means largemeans largemeans large---scale gardening in an urban environment for training or production. scale gardening in an urban environment for training or production. scale gardening in an urban environment for training or production. A Variance means the same as defined in Minn. Stats. ch. 462. means the same as defined in Minn. Stats. ch. 462. means the same as defined in Minn. Stats. ch. 462. Vehicle means a device for carrying or conveying persons or property that may be selfmeans a device for carrying or conveying persons or property that may be selfmeans a device for carrying or conveying persons or property that may be self- propelled or may be propelled, drawn or towed by a selfpropelled or may be propelled, drawn or towed by a selfpropelled or may be propelled, drawn or towed by a self-propelled vehicle. Warehouse & distribution facility Warehouse & distribution facility Warehouse & distribution facility means means means storage of goods or materials within an enclosed storage of goods or materials within an enclosed storage of goods or materials within an enclosed building including packing and crating.building including packing and crating.building including packing and crating. Winery Winery Winery means a processing facility used for the fermenting and processing of fruit juice into means a processing facility used for the fermenting and processing of fruit juice into means a processing facility used for the fermenting and processing of fruit juice into R wine; or the refermenting of still wine into sparkling wine. wine; or the refermenting of still wine into sparkling wine. wine; or the refermenting of still wine into sparkling wine. Wholesale Wholesale Wholesale business establishments business establishments business establishments means the selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.bulk to another business that in turn sells to the final customer.bulk to another business that in turn sells to the final customer. Yard, front,Yard, front,Yard, front,means the required open space, extending along the street line throughout the full means the required open space, extending along the street line throughout the full means the required open space, extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices, steps and chimneys projecting not width of the lot, exclusive of overhanging eaves, gutters, cornices, steps and chimneys projecting not width of the lot, exclusive of overhanging eaves, gutters, cornices, steps and chimneys projecting not more than 18 inches. more than 18 inches. more than 18 inches. D Yard, side,means the required open space, extending along the sideline throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices, steps and chimneys projecting not more than 18 inches. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 48 of 223 47 E2 Section III. Chapter 44, Section 44-12 is hereby repealed in its entirety and replaced with the following: Sec. 44-12.Nonconformities (1)The purpose of this section is to establish regulations for nonconforming lots, buildings, and uses. It is the intent of this section that all nonconformities shall eventually be brought into uses. It is the intent of this section that all nonconformities shall eventually be brought into uses. It is the intent of this section that all nonconformities shall eventually be brought into conformity. (2)Any lawful use, substandard lot, or building existing at the effective date of any section of this Any lawful use, substandard lot, or building existing at the effective date of any section of this Any lawful use, substandard lot, or building existing at the effective date of any section of this chapter may be continued at the size and in the existing manner of operation, as specified in chapter may be continued at the size and in the existing manner of operation, as specified in chapter may be continued at the size and in the existing manner of operation, as specified in this section. (3)Nonconforming uses. a.If a nonconforming use of a building or land is voluntarily abandoned and If a nonconforming use of a building or land is voluntarily abandoned and If a nonconforming use of a building or land is voluntarily abandoned and ceases for a ceases for a ceases for a continuous period of one year or more, subsequent use of such building or land shall continuous period of one year or more, subsequent use of such building or land shall continuous period of one year or more, subsequent use of such building or land shall be in conformity with this chapter. b.Whenever a nonconforming use of a building or land has been changed to a Whenever a nonconforming use of a building or land has been changed to a Whenever a nonconforming use of a building or land has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.conforming use, such use shall not thereafter be changed to a nonconforming use.conforming use, such use shall not thereafter be changed to a nonconforming use. c. No nonconforming use shall be extended to displace a conforming use.No nonconforming use shall be extended to displace a conforming use.No nonconforming use shall be extended to displace a conforming use. T d.The city council may permit, through the issuance of a conditional use permit, as The city council may permit, through the issuance of a conditional use permit, as The city council may permit, through the issuance of a conditional use permit, as provided in article V of this chapter, the extension of a nonconforming uprovided in article V of this chapter, the extension of a nonconforming uprovided in article V of this chapter, the extension of a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use those parts of a building which were manifestly designed or arranged for such use those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no prior to the date when such use of such building became nonconforming, if no prior to the date when such use of such building became nonconforming, if no structural alteration, except those required by law, are made.structural alteration, except those required by law, are made.structural alteration, except those required by law, are made. F e.The substitution of one nonconforming use for another nonconforming use may be The substitution of one nonconforming use for another nonconforming use may be The substitution of one nonconforming use for another nonconforming use may be permitted by the city council by conditional use permit, as provided in article V of this permitted by the city council by conditional use permit, as provided in article V of this permitted by the city council by conditional use permit, as provided in article V of this chapter, provided that such nonconforming use is determined by the city council to be chapter, provided that such nonconforming use is determined by the city council to be chapter, provided that such nonconforming use is determined by the city council to be of the same or more rof the same or more rof the same or more restrictive nature as the original nonconforming use. Whenever a estrictive nature as the original nonconforming use. Whenever a estrictive nature as the original nonconforming use. Whenever a nonconforming use of a building or land has been changed to a use of a more nonconforming use of a building or land has been changed to a use of a more nonconforming use of a building or land has been changed to a use of a more restrictive classification or to a conforming use, such use shall not thereafter be restrictive classification or to a conforming use, such use shall not thereafter be restrictive classification or to a conforming use, such use shall not thereafter be changed to a use of a less restrchanged to a use of a less restrchanged to a use of a less restricted classification.icted classification.icted classification.A (4)Nonconforming building or structures.Nonconforming building or structures.Nonconforming building or structures. a.Unless otherwise allowed by this section, normal maintenance and alterations of a Unless otherwise allowed by this section, normal maintenance and alterations of a Unless otherwise allowed by this section, normal maintenance and alterations of a nonconforming building or structure is only permitted as long as the there is no nonconforming building or structure is only permitted as long as the there is no nonconforming building or structure is only permitted as long as the there is no expansion to the foundation and/or building volume; the building capacity is not expansion to the foundation and/or building volume; the building capacity is not expansion to the foundation and/or building volume; the building capacity is not increased; and the nonconformity of the use is not increased. Alterations to improve increased; and the nonconformity of the use is not increased. Alterations to improve increased; and the nonconformity of the use is not increased. Alterations to improve the livability of nonconforming residential units is allowed provided that it does not the livability of nonconforming residential units is allowed provided that it does not the livability of nonconforming residential units is allowed provided that it does not R increase the number of dwelling units, size of building, or volume of building.increase the number of dwelling units, size of building, or volume of building.increase the number of dwelling units, size of building, or volume of building. b.b.b.No nonconforming building or structure shall be moved to any other part of the parcel No nonconforming building or structure shall be moved to any other part of the parcel No nonconforming building or structure shall be moved to any other part of the parcel or to another lot unless the movement shall bring the nonconforming building or or to another lot unless the movement shall bring the nonconforming building or or to another lot unless the movement shall bring the nonconforming building or structure into compliance with the requirements of this chapter. structure into compliance with the requirements of this chapter. structure into compliance with the requirements of this chapter. c. If a nonconforming building, structure, or use is destroyed by fire or other peril to the If a nonconforming building, structure, or use is destroyed by fire or other peril to the If a nonconforming building, structure, or use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value and no building permit has been extent of greater than 50 percent of its market value and no building permit has been extent of greater than 50 percent of its market value and no building permit has been D applied for within 180 days from the date the building or structure was damaged, subsequent use of such building or land shall be brought into conformity with the chapter. The city may impose reasonable conditions upon a building permit sought in order to maintain a damaged nonconforming building, structure, or usein order to mitigate any newly created impact upon adjacent property. d.A property owner or developer may expand a nonconforming structure or parking lot if the structure or parking lot meets the following conditions: December 11, 2023 City Council Meeting Minutes Council Packet Page Number 49 of 223 48 E2 i.The zoning regulations permit the use. ii.The expansion would meet the minimum setbacks required by this chapter or the setbacks of the existing structure, whichever is less. The expansion shall not exceed the maximum height required by this chapter or the existing height, whichever is taller. To deviate from these requirements, the city may approve a conditional use permit, subject to the standards in this Code.a conditional use permit, subject to the standards in this Code.a conditional use permit, subject to the standards in this Code. iii.The minimum setback from the ordinary high-water level in a shoreland district water level in a shoreland district water level in a shoreland district would be at least the average setback of adjacent residential structures or 50 would be at least the average setback of adjacent residential structures or 50 would be at least the average setback of adjacent residential structures or 50 feet, whichever is greater. iv.All portions of the structure would be on the applicant's property.All portions of the structure would be on the applicant's property.All portions of the structure would be on the applicant's property. v.Runoff from the overhang of the addition would not adversely affect an Runoff from the overhang of the addition would not adversely affect an Runoff from the overhang of the addition would not adversely affect an adjacent property. (5)Nonconforming lots. a.The city shall allow construction on nonconforming lots that do not meet the size, construction on nonconforming lots that do not meet the size, construction on nonconforming lots that do not meet the size, width, frontage, or depth standards if the lots meet the following requirements:width, frontage, or depth standards if the lots meet the following requirements:width, frontage, or depth standards if the lots meet the following requirements: i.Since becoming substandard, the lots have always been in separate Since becoming substandard, the lots have always been in separate Since becoming substandard, the lots have always been in separate ownership from abutting lands.ownership from abutting lands.ownership from abutting lands. TTTTTTTTTTTTTTTTTTTTT ii.The lots were ofrecord in the county recorder's office on the effective date of record in the county recorder's office on the effective date of record in the county recorder's office on the effective date of the ordinance from which this section derives.the ordinance from which this section derives.the ordinance from which this section derives. iii.There is no evidence that the lots did not meet the official controls in effect There is no evidence that the lots did not meet the official controls in effect There is no evidence that the lots did not meet the official controls in effect when the city approved the lots.when the city approved the lots.when the city approved the lots. iv.Any sewage treatment system meeAny sewage treatment system meeAny sewage treatment system meets the requirements of this Code.ts the requirements of this Code.ts the requirements of this Code. FFFFFFFFFFFFFFFFFFFFF v.The zoning regulations would permit the use.The zoning regulations would permit the use.The zoning regulations would permit the use. Section IV. Chapter 44, Section 44Section IV. Chapter 44, Section 44Section IV. Chapter 44, Section 44---17 is hereby repealed in its entirety and replaced with the 17 is hereby repealed in its entirety and replaced with the 17 is hereby repealed in its entirety and replaced with the following: Sec. 44-17.Off-street parkingstreet parkingstreet parking. . . (1)The following uses shall provide additional offThe following uses shall provide additional offThe following uses shall provide additional off---street parking spaces as indicated in Table 44street parking spaces as indicated in Table 44street parking spaces as indicated in Table 44- AAAAAAAAAAAAAAAAAAAAA 17-1, unless otherwise authorized by the city council. 1, unless otherwise authorized by the city council. 1, unless otherwise authorized by the city council. Table 44Table 44Table 44---171717---1 Off1 Off1 Off---Street Parking RequirementsStreet Parking RequirementsStreet Parking Requirements UseUseUseMinimum Spaces Required ResidentialResidential RRRRRRRRRRRRRRRRRRRRR Household LivingHousehold Living SingleSingleSingle---family dwelling, family dwelling, family dwelling, double dwelling Two (duplex), or manufactured home(duplex), or manufactured home(duplex), or manufactured home Townhouse or apartment dwelling (including Townhouse or apartment dwelling (including Townhouse or apartment dwelling (including Two per unit. ageageage---restricted apartments)restricted apartments)restricted apartments)One space must be enclosed One space for every three client Assisted living facility DDDDDDDDDDDDDDDDDDDDD rooms One space for every five beds Continuing care, long-term, or transitional care facility One space for every three client Residential care facility rooms Lodging December 11, 2023 City Council Meeting Minutes Council Packet Page Number 50 of 223 49 E2 UseMinimum Spaces Required One space for each rental room or suite. Additional facilities shall be Hotel or motelcalculated accordingto the table and added to the total (restaurant, assembly hall, etc.)assembly hall, etc.)assembly hall, etc.) Public & Institutional One space for each employee on the One space for each employee on the One space for each employee on the maximum work shift, plus one offmaximum work shift, plus one offmaximum work shift, plus one off- Adult day or child care center street loading space for every six to street loading space for every six to street loading space for every six to ten studentsten studentsten students One space for every 20 auditorium One space for every 20 auditorium One space for every 20 auditorium School seatsseatsseats Commercial Food, Beverage, & Indoor Entertainment One space for every four seats One space for every four seats One space for every four seats Restaurantallowed per maximum building allowed per maximum building allowed per maximum building TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT occupancyoccupancyoccupancy One space for every four persons One space for every four persons One space for every four persons Theater, auditorium, religious institution, or Theater, auditorium, religious institution, or Theater, auditorium, religious institution, or allowed per maximum building allowed per maximum building allowed per maximum building other place of public assemblageassemblageassemblage occupancyoccupancyoccupancy One space for every 250 square feet One space for every 250 square feet One space for every 250 square feet FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF of floor area. If more than 50% of of floor area. If more than 50% of of floor area. If more than 50% of Shopping centers having enclosed, Shopping centers having enclosed, Shopping centers having enclosed, building is a food or beverage use, building is a food or beverage use, building is a food or beverage use, nonleasable common areasnonleasable common areasnonleasable common areas the square footage must be the square footage must be the square footage must be calculated for each individual use calculated for each individual use calculated for each individual use Miscellaneous CommercialMiscellaneous Commercial Commercial, office, or recreational building Commercial, office, or recreational building Commercial, office, or recreational building One space for every 200 square feet useof floor area AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Four spaces, plus three additional spaces for each service stall. If there is a convenience store or restaurant Motor fuel stationsMotor fuel stationsMotor fuel stations associated with the fuel station, additional parking shall be provided based on the use RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Two spaces for each service stall, one space for each employee, and Motor vehicle repairMotor vehicle repairMotor vehicle repair one space for each business vehicle stored on the site One space for each 500 square feet of gross indoor display area. This off- DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Automobile sales, leasing, and rental street parking shall be in addition to automobile display areas Industrial December 11, 2023 City Council Meeting Minutes Council Packet Page Number 51 of 223 50 E2 UseMinimum Spaces Required One space for every 750 square feet Manufacturing and warehouse of manufacturing floor area and one establishmentsspace for every 1,250 square feet of warehousing floor area (2)Existing off-street parking facilities shall not be reduced below the requirements of this street parking facilities shall not be reduced below the requirements of this street parking facilities shall not be reduced below the requirements of this subsection. If the use being served by an off-street parking facility change and the demand street parking facility change and the demand street parking facility change and the demand for off-street parking increases, the city council may require additional parking spaces.street parking increases, the city council may require additional parking spaces.street parking increases, the city council may require additional parking spaces. (3)All parking spaces shall have proper access from a street or alley and shall be located on or All parking spaces shall have proper access from a street or alley and shall be located on or All parking spaces shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated. In cases where off-street parking facilities are street parking facilities are street parking facilities are permitted on land other than the same lot as the principal use, such facilities shall be in the permitted on land other than the same lot as the principal use, such facilities shall be in the permitted on land other than the same lot as the principal use, such facilities shall be in the same possession as the lot occupied by the use to which the parking facilities are necessary same possession as the lot occupied by the use to which the parking facilities are necessary same possession as the lot occupied by the use to which the parking facilities are necessary or a written agreement/easement between property owners is recorded with Ramsey County.or a written agreement/easement between property owners is recorded with Ramsey County.or a written agreement/easement between property owners is recorded with Ramsey County. (4)When the parking requirement of a use is not specifically identified in Table 44he parking requirement of a use is not specifically identified in Table 44--1717--1, the 1, the parking space requirements for a use which is similar shall apply as determined by the parking space requirements for a use which is similar shall apply as determined by the community development director. If no similar use is listed, the community developmecommunity development director. If no similar use is listed, the community development TTTTTTTTTTTTTTTTTT director shall determine the parking space requirements based upon other available director shall determine the parking space requirements based upon other available references or qualified sources of information to adequately determine parking demand.references or qualified sources of information to adequately determine parking demand. (5)Two (2) or more uses may provide required offTwo (2) or more uses may provide required off--street parking spaces in a common street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided such uses facility less than the sum of the spaces required for each use individually, provided such uses are not operated during the same hours. The following conditions must be met for any shared are not operated during the same hours. The following conditions must be met for any shared FFFFFFFFFFFFFFFFFF parking use: a.The proposed shared parking space is within 500The proposed shared parking space is within 500feet of the use(s) it will serve.feet of the use(s) it will serve. b.The applicant will show that there is no substantial conflict in the principal operating The applicant will show that there is no substantial conflict in the principal operating hours of the two (2) uses for which shared use of offhours of the two (2) uses for which shared use of off-street parking facilities is proposed. proposed. c. A properly drawn legal instrument approved by the City Council, executed by the A properly drawn legal instrument approved by the City Council, executed by the AAAAAAAAAAAAAAAAAA parties concerned, for shared use of offparties concerned, for shared use of off--street parking facilities shall be filed with the street parking facilities shall be filed with the City Clerk. Said instrument may be a three (3) party agreement, including the City and City Clerk. Said instrument may be a three (3) party agreement, including the City and all private parties involved. Such instrument shall first be approved by the City all private parties involved. Such instrument shall first be approved by the City Attorney.Attorney.Attorney.Attorney. (6)The following standards shall apply to offThe following standards shall apply to offThe following standards shall apply to off-street parking for single-unit and double (duplex) residential properties in the REresidential properties in the REresidential properties in the RE---40, RE40, RE40, RE-30, RE-20, F, R-1, R-1S, and R-2 zoning districts: a.a.a.Vehicle parkingVehicle parkingVehicle parkingin the front yard setback area (the area between the front of the in the front yard setback area (the area between the front of the in the front yard setback area (the area between the front of the RRRRRRRRRRRRRRRRRR residential structure and the street rightresidential structure and the street rightresidential structure and the street right-of-way line) of single-unit and double (duplex) residences shall only be on a hardresidences shall only be on a hardresidences shall only be on a hard-surface driveway or on improved and designated parking areas. Such a hard surface shall include bituminous, concrete, brick, gravel or parking areas. Such a hard surface shall include bituminous, concrete, brick, gravel or parking areas. Such a hard surface shall include bituminous, concrete, brick, gravel or crushed rock or another hard surface approved by city staff.crushed rock or another hard surface approved by city staff.crushed rock or another hard surface approved by city staff. b.The city prohibits vehicle parking or storage in the front yard on grass, unimproved The city prohibits vehicle parking or storage in the front yard on grass, unimproved The city prohibits vehicle parking or storage in the front yard on grass, unimproved areas or areas without a hard surface.areas or areas without a hard surface.areas or areas without a hard surface. DDDDDDDDDDDDDDDDDD c. Driveways and parking areas shall be at least five feet from a side property line, and parking areas shall not be in the street right-of-way or on other public property. d.No owner or operator shall park a vehicle that would block a sidewalk. e.All vehicles parked or stored outside on a residential property shall not be abandoned, as defined in Section 18-67, shall have a current license and registration and shall be in operable condition. Also see Sections 18-67 and 18-68. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 52 of 223 51 E2 f.The total area in the front yard setback area of a single-unit dwelling lot improved for parking and driveway purposes shall not exceed 40 percent of the front yard setback area. The total area in the front yard setback area of a double (duplex) dwelling lot improved for parking and drivewaypurposes shall not exceed 50 percent of the front yard setback area. g.The city may approve an increase in front yard driveway coverage, a different The city may approve an increase in front yard driveway coverage, a different The city may approve an increase in front yard driveway coverage, a different driveway setback or a different driveway surface for a single-unit or double (duplex) unit or double (duplex) unit or double (duplex) dwelling by administrative review of minor construction plans as outlined in Section 2dwelling by administrative review of minor construction plans as outlined in Section 2dwelling by administrative review of minor construction plans as outlined in Section 2- 285. The city may approve an increase in front yard driveway coverage, a different 285. The city may approve an increase in front yard driveway coverage, a different 285. The city may approve an increase in front yard driveway coverage, a different driveway setback or a different driveway surface where such approval would meet the driveway setback or a different driveway surface where such approval would meet the driveway setback or a different driveway surface where such approval would meet the standards required by code for unique circumstances and where the above standards standards required by code for unique circumstances and where the above standards standards required by code for unique circumstances and where the above standards do not fit or where they would create a hardship for the property owner. As part of do not fit or where they would create a hardship for the property owner. As part of do not fit or where they would create a hardship for the property owner. As part of such an approval, the city may require the property owner or applicant to add such an approval, the city may require the property owner or applicant to add such an approval, the city may require the property owner or applicant to add screening next to or around the parking area or driveway. The city may require such screening next to or around the parking area or driveway. The city may require such screening next to or around the parking area or driveway. The city may require such screening to help hide the parking area and vehicles from the view of adjacent screening to help hide the parking area and vehicles from the view of adjacent screening to help hide the parking area and vehicles from the view of adjacent residential properties or from the view from the public street. The property owner or residential properties or from the view from the public street. The property owner or residential properties or from the view from the public street. The property owner or applicant may use a privacy fence, additional landscaping or other means to meet the applicant may use a privacy fence, additional landscaping or other means to meet the applicant may use a privacy fence, additional landscaping or other means to meet the TTTTTTTTTTTTTTTTT screening requirement. City staff shall approve and inspect all such screening.screening requirement. City staff shall approve and inspect all such screening.screening requirement. City staff shall approve and inspect all such screening. (7)Parking lots in all districts shall meet the following:Parking lots in all districts shall meet the following:Parking lots in all districts shall meet the following: a.Parking lots shall be designed to meet the minimum standards of Table 44Parking lots shall be designed to meet the minimum standards of Table 44Parking lots shall be designed to meet the minimum standards of Table 44-17-2 Parking Space Dimensions and Figure 44Parking Space Dimensions and Figure 44Parking Space Dimensions and Figure 44---171717---A based on the following definitions:A based on the following definitions:A based on the following definitions: i.Customer, high turnover uses shall include shopping centers, retail sales, fast Customer, high turnover uses shall include shopping centers, retail sales, fast Customer, high turnover uses shall include shopping centers, retail sales, fast FFFFFFFFFFFFFFFFF food restaurants, convenience centers and similar uses. food restaurants, convenience centers and similar uses. food restaurants, convenience centers and similar uses. ii.Customer, low turnover uses shall include offices, industrial schools, Customer, low turnover uses shall include offices, industrial schools, Customer, low turnover uses shall include offices, industrial schools, churches, research, multiple dwellings, motels, sitchurches, research, multiple dwellings, motels, sitchurches, research, multiple dwellings, motels, sit-down restaurants and similar uses. Any questions on defining these uses shall be referred to the similar uses. Any questions on defining these uses shall be referred to the similar uses. Any questions on defining these uses shall be referred to the community design review board for a decision.community design review board for a decision.community design review board for a decision. iii.Employee parking with reducedEmployee parking with reducedEmployee parking with reducedstall widths must be signed for employee stall widths must be signed for employee stall widths must be signed for employee AAAAAAAAAAAAAAAAA parking only.parking only.parking only. iv.iv.iv.Parking stall lengths may be reduced by 2.5 feet for 90Parking stall lengths may be reduced by 2.5 feet for 90Parking stall lengths may be reduced by 2.5 feet for 90-degree parking and two feet for angle parking where the parking space abuts a curb, sidewalk or two feet for angle parking where the parking space abuts a curb, sidewalk or two feet for angle parking where the parking space abuts a curb, sidewalk or landscaped area. All overhang (o) areas shall belandscaped area. All overhang (o) areas shall belandscaped area. All overhang (o) areas shall bea hard surface or crushed rock.rock.rock. Table 44Table 44Table 44---171717---2 Parking Space Dimensions2 Parking Space Dimensions2 Parking Space Dimensions RRRRRRRRRRRRRRRRR UseS Stall Width (Feet)S Stall Width (Feet)S Stall Width (Feet)D Stall Length (Feet)A Aisle Width (Feet) Ninety-Degree ParkingDegree Parking Customer, High Customer, High Customer, High 1010101824 Turnover Customer, Low 9.51824 Turnover DDDDDDDDDDDDDDDDD Sixty-Degree Parking Customer, High 1015.622 Turnover Customer, Low 9.515.622 Turnover Employee Only9.015.622 Forty-Five-Degree Parking December 11, 2023 City Council Meeting Minutes Council Packet Page Number 53 of 223 52 E2 UseS Stall Width (Feet)D Stall Length (Feet)A Aisle Width (Feet) Customer, High 1012.622.6 Turnover Customer, Low 9.512.622.6 Turnover Employee Only9.012.622.6 Parallel Parking All8.021.022 Illustration 44-17-A TTTTTT FFFFFF AAAAAA RRRRRR b.In shopping centers and other large developments, exterior parking closest to the In shopping centers and other large developments, exterior parking closest to the In shopping centers and other large developments, exterior parking closest to the building shall be oriented with the parking drives perpendicular to the building face building shall be oriented with the parking drives perpendicular to the building face building shall be oriented with the parking drives perpendicular to the building face whenever practicable.whenever practicable.whenever practicable. c. Parking stalls shall not be allowed in front of a building entrance if there is no sidewalk Parking stalls shall not be allowed in front of a building entrance if there is no sidewalk Parking stalls shall not be allowed in front of a building entrance if there is no sidewalk in front of the building entrance.in front of the building entrance.in front of the building entrance. DDDDDD d.All parking lots shall have continuous concrete curbing surrounding the exterior perimeter of the parking lot and drives. i.Park parking lots, that are not used in the winter, and parking lots having 12 spaces or less are exempt from this requirement, unless required by the city engineer for drainage control. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 54 of 223 53 E2 ii.The community design review board may waive the curbing requirement when the city engineer has determined that sheet drainage over ground would improve stormwater quality. The community design review board may allow continuous bituminous curbing temporarily on a case-by-case basis, subject to the following conditions: 1.Bituminous curbing may be permitted for phased or staged developments r phased or staged developments r phased or staged developments where an adjacent future development phase would be built that would where an adjacent future development phase would be built that would where an adjacent future development phase would be built that would result in the removal of the curbing. 2.Bituminous curbing shall not be allowed for more than three years from the Bituminous curbing shall not be allowed for more than three years from the Bituminous curbing shall not be allowed for more than three years from the time of installation, at which time it must be removed due to the time of installation, at which time it must be removed due to the time of installation, at which time it must be removed due to the construction of a future phase of development or simply replaced with construction of a future phase of development or simply replaced with construction of a future phase of development or simply replaced with permanent continuous concrete curbing.permanent continuous concrete curbing.permanent continuous concrete curbing. 3.Bituminous curbing shall not be permitted if the city engineer requires Bituminous curbing shall not be permitted if the city engineer requires Bituminous curbing shall not be permitted if the city engineer requires concrete curbing for drainage control.concrete curbing for drainage control.concrete curbing for drainage control. 4.Bituminous curbing that becomes damaged shall be repaired immediately Bituminous curbing that becomes damaged shall be repaired immediately Bituminous curbing that becomes damaged shall be repaired immediately or as soon as the weather permits.or as soon as the weather permits.or as soon as the weather permits. 5.The city may require that the developer provide escrow to cover the The city may require that the developer provide escrow to cover the The city may require that the developer provide escrow to cover the T replacement of the bituminous curbing with concrete curbing.replacement of the bituminous curbing with concrete curbing.replacement of the bituminous curbing with concrete curbing. e.All parking lots and associated driveways shall have a surface of bituminous material All parking lots and associated driveways shall have a surface of bituminous material All parking lots and associated driveways shall have a surface of bituminous material or concrete and striped parking spaces. or concrete and striped parking spaces. or concrete and striped parking spaces. i.The city council may permit the alternative parking method of reinforcedThe city council may permit the alternative parking method of reinforcedThe city council may permit the alternative parking method of reinforced-turf parking when it would meet the following criteria:parking when it would meet the following criteria:parking when it would meet the following criteria: F 1.When the need for overflow parking is infrequent or limited to occasional When the need for overflow parking is infrequent or limited to occasional When the need for overflow parking is infrequent or limited to occasional parking events.parking events.parking events. 2.Where there is already hardWhere there is already hardWhere there is already hard---surfaced parking that provides for handicapsurfaced parking that provides for handicapsurfaced parking that provides for handicap- accessible parking needs.accessible parking needs.accessible parking needs. 3.Where the turf parking lot would meet setback and screening Where the turf parking lot would meet setback and screening Where the turf parking lot would meet setback and screening requiremrequiremrequirements.ents.ents. A 4.4.4.Where the parking need is seasonal (nonWhere the parking need is seasonal (nonWhere the parking need is seasonal (non-winter) so snow plowing is not needed.needed.needed. 5.5.5.Where there would be an environmental benefit due to stormwater Where there would be an environmental benefit due to stormwater Where there would be an environmental benefit due to stormwater management or meeting shoreland/wetland/floodplain ordinance impact management or meeting shoreland/wetland/floodplain ordinance impact management or meeting shoreland/wetland/floodplain ordinance impact needs.needs.needs. 6.6.6.Where the turfWhere the turfWhere the turf---parking plan meetparking plan meetparking plan meets the approval of the city engineer from the standpoint of using proven construction materials engineered for the standpoint of using proven construction materials engineered for the standpoint of using proven construction materials engineered for R durability and aesthetics.durability and aesthetics.durability and aesthetics. 7.7.7.Where the turfWhere the turfWhere the turf-parking plan meets the approval of the police and fire chief from the standpoint of meeting public safety requirements.from the standpoint of meeting public safety requirements.from the standpoint of meeting public safety requirements. ii.ii.ii.This parking surface alternative shall not apply to singleThis parking surface alternative shall not apply to singleThis parking surface alternative shall not apply to single-unit and double (duplex) dwelling residential properties which are governed under subsection (duplex) dwelling residential properties which are governed under subsection (duplex) dwelling residential properties which are governed under subsection 444444-17(6). D f.The city may require a ten-foot-wide planter or median strip every three or four parking bays to prevent high speed movement diagonally across the parking lot and to improve esthetics. Refer to Illustration 44-17-B: Illustration 44-17-B December 11, 2023 City Council Meeting Minutes Council Packet Page Number 55 of 223 54 E2 g. All parking lots shall be continually and properly maintained.All parking lots shall be continually and properly maintained.All parking lots shall be continually and properly maintained. T Section V. Chapter 44, Section 44-20 (c) is hereby amended to read as follows; the remaining 20 (c) is hereby amended to read as follows; the remaining 20 (c) is hereby amended to read as follows; the remaining subsections are renumbered subsequently after the deletion of the current Sections 44subsections are renumbered subsequently after the deletion of the current Sections 44subsections are renumbered subsequently after the deletion of the current Sections 44-20(c)(1)b.4 and 44-20(c)(1)e. Sec. 44-20.Additional design standards.Additional design standards.Additional design standards. F *** (c)The developer of any project, other than single or double (duplex) dwellings, shall do the The developer of any project, other than single or double (duplex) dwellings, shall do the The developer of any project, other than single or double (duplex) dwellings, shall do the following: *** A b.Definitions.Definitions.Definitions.The following words, terms and phrases, when used in this subsection, shall The following words, terms and phrases, when used in this subsection, shall The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed, except where the context clearly indicates a different have the meanings ascribed, except where the context clearly indicates a different have the meanings ascribed, except where the context clearly indicates a different meaning: meaning: meaning: *** 4.4.4.LampLampLamp means the component of a luminaire that produces the actual light. means the component of a luminaire that produces the actual light. means the component of a luminaire that produces the actual light. R ********* e.Light pole height maximum.Light pole height maximum.Light pole height maximum.The maximum height allowed for light poles shall be 25 feet as measured from the grade at the base of the light pole to the uppermost part of the as measured from the grade at the base of the light pole to the uppermost part of the as measured from the grade at the base of the light pole to the uppermost part of the luminaire. Taller light poles may be installed to replace existing poles that exceed 25 feet luminaire. Taller light poles may be installed to replace existing poles that exceed 25 feet luminaire. Taller light poles may be installed to replace existing poles that exceed 25 feet and for athletic field or recreational lighting. The community design review board may and for athletic field or recreational lighting. The community design review board may and for athletic field or recreational lighting. The community design review board may D allow taller light poles as part of a design review for nonresidential development, based on appropriateness for a specific proposal. Staff may review lighting plans under the "minor construction" provisions of section 2-285. *** December 11, 2023 City Council Meeting Minutes Council Packet Page Number 56 of 223 55 E2 Section VI.This ordinance shall be effective following its adoption and publication. Ordinance 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 Section I. Chapter 44, Article II. District regulations is hereby repealed in its entirety and replaced 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 are1 lists land uses and indicates whether they are1 lists land uses and indicates whether they arepermitted, permitted with standards, permitted, permitted with standards, permitted, permitted with standards, conditional, or prohibited. The table also includes references to whether additional use specific conditional, or prohibited. The table also includes references to whether additional use specific 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 standards are applicable to that use. The following definitions shall be referenced when using Table standards are applicable to that use. The following definitions shall be referenced when using Table TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 44-46-1: a.Permitted Uses – a “P” in a cell of the use table indicates that the land use is allowed a “P” in a cell of the use table indicates that the land use is allowed a “P” in a cell of the use table indicates that the land use is allowed by right in the base zoning district.by right in the base zoning district.by right in the base zoning district. b.Permitted with Standards Uses Permitted with Standards Uses Permitted with Standards Uses – – – a “PS” in a cell of the use table indicates that the a “PS” in a cell of the use table indicates that the a “PS” in a cell of the use table indicates that the land use is allowed when standards identified in Division 19 Useland use is allowed when standards identified in Division 19 Useland 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 are met. Uses permitted with standards are also subject to all other applicable are met. Uses permitted with standards are also subject to all other applicable FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF requirements of Chapter 44 Zoning. Any request to vary from the standards set forth requirements of Chapter 44 Zoning. Any request to vary from the standards set forth 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 Varfor a Permitted with Standards Use shall be processed as a Varfor a Permitted with Standards Use shall be processed as a Variance. c. Conditional Uses Conditional Uses Conditional Uses – – – a “CUP” in a cell of the use table indicates that the land use is a “CUP” in a cell of the use table indicates that the land use is 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 allowed in the base zoning district only upon approval of a Conditional Use Permit as allowed in the base zoning district only upon approval of a Conditional Use Permit as described in Article Vdescribed in Article Vdescribed in Article V- - - Conditional Use Permits and in compliance with any useConditional Use Permits and in compliance with any useConditional Use Permits and in compliance with any use- specific standards identified in Division 19 Usespecific standards identified in Division 19 Usespecific standards identified in Division 19 Use-Specific Standards. Uses subject to a AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Conditional Use Permit are also subject to all other applicable requirements in the Conditional Use Permit are also subject to all other applicable requirements in the Conditional Use Permit are also subject to all other applicable requirements in the City Code. City Code. City Code. d.Prohibited Uses Prohibited Uses Prohibited Uses – – – a blank cell in the use table indicates that the land use is prohibited a blank cell in the use table indicates that the land use is prohibited a blank cell in the use table indicates that the land use is prohibited in that base zoning district.in that base zoning district.in that base zoning district. Table 44Table 44Table 44-46-1 Principal Use Table RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR P=Permitted P=Permitted P=Permitted PS=Permitted with StandardsPS=Permitted with StandardsPS=Permitted with Standards CUP=Conditional Use Permit Blank=Prohibited AgricultureAgricultureResidential UseSpecific UseTypeOSPOSPFR-ER-1RR-1SR-1R-2R-3AR-3BR-3CR-3 Standard Residential HouseholdLiving SeeDivision19of Dwelling,single-unitP P P P P P Chapter44 SeeDivision19of Dwelling,double(duplex)P P P P P DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Chapter44 Dwelling,townhouseP Dwelling,apartmentP P P P SeeDivision19of Live-workunit Chapter44 Dwelling,apartment mixeduse December 11, 2023 City Council Meeting Minutes Council Packet Page Number 57 of 223 56 E2 AgricultureResidential UseSpecific UseTypeOSPFR-ER-1RR-1SR-1R-2R-3AR-3BR-3CR-3 Standard SeeDivision19of ManufacturedhomePSPSPSPSPSPSPSPSPSPS Chapter44 Manufactured home parkCUPCUPCUPCUPCUPCUP Group Living AssistedlivingfacilityCUPCUPCUPCUPCUPCUP ContinuingcarefacilityCUPCUPCUPCUPCUPCUPCUPCUP Long-termortransitionalcarefacilityCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Residentialcare,licensedin-home (6or fewer)P P P P P P P P P P P P P P P P P P Residentialcare,licensedin-home (7or more)CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Lodging SeeSeeSeeDivisionDivisionDivision19of Bed and breakfast Chapter44 Boardinghouse,roominghouse,or CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP lodginghouse Hotel ormotel TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTT Short-termvacationrentalP P P P P P P P P P P P P P P P P P P P P P P P P Public,Social &Institutional Adultday orchild carecenter Club,lodge orhall FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFF Cemetery,crematory,ormausoleumCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Clinic,medical,dental, orhealthrelated Funeralhomeor mortuary ReligiousinstitutionCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Privateschool,daycarecenterorcommunitycommunitycommunity CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA CUPCUPCUPCUPCUPCUP serviceuse Publicandquasipublicuses appropriateuses appropriateuses appropriatetototothethethe district, such as hospitals; and district, such as hospitals; and district, such as hospitals; and professional,professional,professional, CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP business and technical schools.business and technical schools.business and technical schools. SchoolCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP CommercialCommercial Food, Beverage, &Food, Beverage, &IndoorIndoorEntertainmentEntertainment RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRR AdultAdultAdultusesusesusesandandandsexually oriented sexually oriented sexually oriented businessesbusinessesbusinesses Health/sportsHealth/sportsHealth/sportsclubclubclub Indoororganizedorganizedorganizedathleticathleticathleticactivities,activities,activities,suchsuchsuchasasas dance, physical fitness or karatedance, physical fitness or karatedance, physical fitness or karate Indoortheater On-saleliquor DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDD Placeofamusement,recreationorassembly, other than an indoor theater, indoor athletic activity or itinerant carnival Restaurant Specialtyfood orcoffeeshop RetailSales andServices December 11, 2023 City Council Meeting Minutes Council Packet Page Number 58 of 223 57 E2 AgricultureResidential UseSpecific UseTypeOSPFR-ER-1RR-1SR-1R-2R-3AR-3BR-3CR-3 Standard Animalboarding, shelter,ordaycare center SeeDivision19of Animalveterinary clinic Chapter44 SeeDivision19of Currency exchangebusiness Chapter44 Financial institution Motorvehicleaccessoryinstallationcenter SeeSeeSeeDivision19of Motorvehiclemaintenancegarage ChapterChapterChapter44 SeeSeeSeeDivisionDivisionDivision19of Motorvehiclemajormotor fuel station ChapterChapterChapter44 SeeSeeSeeDivisionDivisionDivision19of Motorvehicleminor motor fuelstation ChapterChapterChapter44 SeeSeeSeeDivisionDivisionDivision19of Motorvehiclewash Chapter44 Personal service SeeDivision19of Pawnbroker TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Chapter44 Repairshop,exceptmotorfuelstationsorSeeDivision19of maintenancegaragesChapter44 Smallapplianceandelectroniccomponentor equipmentrepair Retail FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF SeeDivision19of Retailfirearms sales Chapter44 Retailorcommercialrentalactivities SeeDivision19of Saleorleasing of neworusedmotor vehicles Chapter44 Storageorrental ofmotorvehicles AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Studioormakerspace Business&TechnicalServicesServices Medicalanddentaldentaldentallaboratories,laboratories,laboratories,notnotnotincludingincludingincluding the manufacture of the manufacture of the manufacture of pharmaceutical or otherpharmaceutical or otherpharmaceutical or other products for general sales and distribution.products for general sales and distribution.products for general sales and distribution. OfficeOfficeOffice RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR PublishingPublishingPublishingorororprintingprintingprintingestablishmentestablishmentestablishment Industrial Brewery,winery, distillerydistillerydistillery Carpetandrug cleaning CNG(compressednatural gas) ornatural gas) ornatural gas) orLPG (liquidLPG (liquidLPG (liquid petroleum gas) dispensing facilitiespetroleum gas) dispensing facilitiespetroleum gas) dispensing facilities DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Contractorshopandyard Incinerator Laboratory,research, experimental,ortesting SeeDivision19of Manufacturing,light Chapter44 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 59 of 223 58 E2 AgricultureResidential UseSpecific UseTypeOSPFR-ER-1RR-1SR-1R-2R-3AR-3BR-3CR-3 Standard Manufacturing,heavy SeeDivision19of Mining Chapter44 Processinganddistributingstationfor beverages Processingofragsorjunkwhenenclosed within a building SeeDivision19of Recycling facility Chapter44 Scrap,salvage, or junk yard Storageand saleof machinery and equipment Storagefacility,personal Storageyard Wood pulp and fiberreduction and processing Trucking yard orterminal TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Warehouse &distributionfacility Wholesalebusinessestablishments Agriculture,Recreation& OpenSpace Commercial farming orgardeningP CUPCUPCUP FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF CommercialgreenhousesornurseriesP P P See Division 9 of Communityandmarketgarden,morethan 1 Article V ofChapter CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP acre in size 18 See Division 9 of Communityandmarketgarden, undergarden, undergarden, under 1 1 1 acreacreacreininin Article V ofChapter PSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS size 18 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA GolfcoursesCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Livestockraising and raising and raising and handlinghandlinghandlingCUPCUPCUP Publicopen space and parkopen space and parkopen space and parklandslandslandsP P P PublicPublicPublicparksparksparksandandandplaygroundsplaygroundsplaygroundsP P P P P P P P P P P P P P P RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR UtilitiesUtilities&&TransportationTransportation SeeArticleXI of Antennasand and and towerstowerstowersCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Chapter44 Heliport Publicand privateutilitiesutilitiesutilities(see(see(seeCUPCUPCUPsection)section)section)CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Off-streetparking CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Parkinglot DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2Standard Residential HouseholdLiving SeeDivision19of Dwelling,single-unitPSPSPSPS Chapter44 SeeDivision19of Dwelling,double(duplex)PSCUPCUPCUP Chapter44 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 60 of 223 59 E2 MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2Standard Dwelling,townhouseP Dwelling,apartmentPPCUPCUP SeeDivision19of Live-workunitCUPPPPP Chapter44 Dwelling,apartmentmixedusePP SeeDivision19of ManufacturedhomeCUPPS Chapter44 ManufacturedhomeparkCUPCUPCUPCUPCUP GroupLiving AssistedlivingfacilityCUPP Continuing carefacilityCUPP Long-termortransitionalcarefacilityP Residentialcare,licensedin-home(6orfewer)PPPPPPPPPPPPPPPPPPPPPP TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Residentialcare,licensedin-home(7ormore)CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Lodging SeeDivision19of BedandbreakfastPS/CUP Chapter44 Boardinghouse,roominghouse,or lodginghouse FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF HotelormotelPPPPPPPPPPP Short-term vacationrentalPPPPPPPPPPPPPPPPPPPP Public,Social&Institutional AdultdayorchildcarecenterPPPPPPPPPpppPPPPP Club,lodgeorhallPPPPPPCUPCUPCUPCUPCUPCUPPCUPPP AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Cemetery,crematory,ormausoleummausoleummausoleumCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Clinic, medical,dental,dental,dental,orororhealthhealthhealthrelatedrelatedrelatedPPPPPPPPPPPPPPP Funeral homeomeomeororormortuarymortuarymortuaryPPPP ReligiousReligiousReligiousinstitutioninstitutioninstitutionCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP PrivatePrivatePrivatessschool,chool,chool,daydaydaycarecarecarecentercentercenterorororcommunitycommunitycommunity RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP serviceserviceserviceuseuseuse Publicand quasipublicquasipublicquasipublicusesusesusesappropriateappropriateappropriatetototothethethe district, such as hospitals; and professional,district, such as hospitals; and professional,district, such as hospitals; and professional, CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP business and technical schools.business and technical schools.business and technical schools. SchoolCUPCUPCUPCUPCUPCUPCUPCUPPCUP Commercial Food,Beverage,&IndoorEntertainmentEntertainment DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD AdultusesandsexuallyorientedbusinessesPP Health/sportsclubPP Indoororganizedathleticactivities,suchas PPPPPPP dance, physical fitness or karate IndoortheaterPPPPPPP December 11, 2023 City Council Meeting Minutes Council Packet Page Number 61 of 223 60 E2 MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2Standard On-saleliquorPPPCUPPP Placeofamusement,recreationorassembly, otherthananindoortheater,indoorathletic PCUPCUPCUPCUPCUP activity or itinerant carnival RestaurantPPCUPCUPPCUPPPPP SpecialtyfoodorcoffeeshopPPPPPPPPPPPP RetailSalesandServices Animalboarding,shelter,ordaycarecenterCUPCUPPPPPPPPPPPP SeeSeeSeeDivisionDivisionDivision19of AnimalveterinaryclinicPSPSPSPPPPPPPPPP ChapterChapterChapter44 SeeSeeSeeDivisionDivisionDivision19of CurrencyexchangebusinessCUPCUPCUPCUPCUPCUPCUP ChapterChapterChapter44 FinancialinstitutionPPPPPPPPPPPPPPP MotorvehicleaccessoryinstallationcenterPPPPPPPPPPPPPPP SeeDivision19of MotorvehiclemaintenancegarageCUPCUPCUPCUPCUPCUP TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT CUP Chapter44 SeeDivision19of MotorvehiclemajormotorfuelstationCUPCUPCUPCUPCUPCUPCUP Chapter44 SeeDivision19of MotorvehicleminormotorfuelstationCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Chapter44 SeeDivision19of MotorvehiclewashCUPCUPCUPCUPCUP Chapter44 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF PersonalservicePPPPPPPPPP SeeDivision19of PawnbrokerCUPCUPCUPCUPCUP Chapter44 Repairshop,exceptmotorfuelstationsorSeeDivision19of PSPSPSPSPSPSPPPP maintenancegaragesChapter44 Smallapplianceandelectroniccomponentcomponentcomponentororor PPPPPP equipmentrepair AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RetailPPPPPPPPPPPPP SeeDivision19of Retail firearmssalessalessalesCUPCUPCUP Chapter44 Retail or commercialcommercialcommercialrentalrentalrentalactivitiesactivitiesactivitiesPPP SeeDivision19of SaleSaleSaleorororleasingleasingleasingofofofnewnewneworororusedusedusedmotormotormotorvehiclesvehiclesvehiclesPSPSPS Chapter44 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR StorageStorageStorageorororrentalrentalrentalofofofmotormotormotorvehiclesvehiclesvehiclesCUPCUPCUP Studio or makerspacemakerspacemakerspaceCUPCUPCUPPPPPPPP Business&TechnicalTechnicalServicesServices Medicalanddentallaboratories,laboratories,laboratories,notnotnotincludingincludingincluding the manufacture of pharmaceutical or otherthe manufacture of pharmaceutical or otherthe manufacture of pharmaceutical or other CUP products for general sales and distribution.products for general sales and distribution.products for general sales and distribution. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD OfficePPPPPPPP Publishing orprintingestablishmentPSPPPPPP Industrial Brewery,winery,distilleryCUPCUPPPPP December 11, 2023 City Council Meeting Minutes Council Packet Page Number 62 of 223 61 E2 MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2Standard CarpetandrugcleaningPP CNG(compressednaturalgas)orLPG(liquid PSPP petroleum gas) dispensing facilities ContractorshopandyardPPPP IncineratorCUP Laboratory,research,experimental,ortestingPPPPPP SeeSeeSeeDivision19of Manufacturing,lightCUPPPPPPP ChapterChapterChapter44 Manufacturing,heavyCUPCUPCUP SeeSeeSeeDivisionDivisionDivision19of MiningCUPCUPCUPCUPCUPCUPCUP ChapterChapterChapter44 Processing anddistributingstationfor CUPCUPCUPPPPPPP beverages Processingofragsorjunkwhenenclosed CUPCUPCUP within a building TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT SeeDivision19of RecyclingfacilityCUPCUPCUPCUPCUPCUPCUP Chapter44 Scrap,salvage,orjunkyardCUPCUP Storage andsaleofmachineryandequipmentPP Storagefacility,personalCUPCUPCUPCUPCUP FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Storage yardCUPCUPCUPCUPCUP WoodpulpandfiberreductionandprocessingCUP Truckingyardor terminalCUPCUP Warehouse & distributionfacilityfacilityfacilityPP AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA WholesalebusinessestablishmentsestablishmentsestablishmentsPP Agriculture,RecreationRecreation&&OpenOpenSpaceSpace Commercialfarmingfarmingfarmingorororgardeninggardeninggardening CommerciaCommerciaCommercial l l greenhousesgreenhousesgreenhousesororornurseriesnurseriesnurseries See Division 9 of RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR CommunityCommunityCommunityandandandmarketmarketmarketgarden,garden,garden,moremoremorethanthanthan 1 1 1 Article V of CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP acre in sizeacre in sizeacre in size Chapter18 See Division 9 of Community andmarketmarketmarketgarden,garden,garden,underunderunder 1 1 1 acreacreacre Article V of PSPSPSPSPSPSPSPSPSPS insize Chapter18 Golfcourses Livestockraisingandhandling DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Publicopenspaceandparklands PublicparksandplaygroundsPCUP Utilities&Transportation SeeArticleXIof AntennasandtowersCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Chapter44 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 63 of 223 62 E2 MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2Standard HeliportCUP Publicand privateutilities(seeCUPsection)CUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Off-street parking CUPCUP ParkinglotPPPPP Secs. 44-731.Accessory Use Table Table 44-47-1 lists accessory uses and indicates whether they are permitted or permitted with 1 lists accessory uses and indicates whether they are permitted or permitted with 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 standards. The table also includes references to whether additional use specific standards standards. The table also includes references to whether additional use specific standards are are are applicable to that use. The following definitions shall be referenced when using Table 44applicable to that use. The following definitions shall be referenced when using Table 44applicable to that use. The following definitions shall be referenced when using Table 44---474747- - - 1. a.Permitted Uses – a “P” in a cell of the use table indicates that the accessory land use a “P” in a cell of the use table indicates that the accessory land use a “P” in a cell of the use table indicates that the accessory land use is allowed by right in the base zoning district. is allowed by right in the base zoning district. 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 a “PS” in a cell of the use table indicates that the a “PS” in a cell of the use table indicates that the TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT accessory land use is allowed when standards identified in Division 19 Useaccessory land use is allowed when standards identified in Division 19 Useaccessory 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 Standards are met. Uses permitted with standards are also subject to all other Standards are met. Uses permitted with standards are also subject to all other applicable requirements of the City Code. f the City Code. f the City Code. c. Conditional Uses – a “CUP” in a cell of the use table indicates that the land use is a “CUP” in a cell of the use table indicates that the land use is 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 allowed in the base zoning district only upon approval of a Conditional Use Permit as allowed in the base zoning district only upon approval of a Conditional Use Permit as FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF described in Article Vdescribed in Article Vdescribed in Article V- - - Conditional Use Permits and in compliance with any useConditional Use Permits and in compliance with any useConditional Use Permits and in compliance with any use- specific standards identified in Division 19 Usespecific standards identified in Division 19 Usespecific standards identified in Division 19 Use---Specific Standards. Uses subject to a Specific Standards. Uses subject to a Specific Standards. Uses subject to a Conditional Use Permit are also subject to all other applicable requirements in the Conditional Use Permit are also subject to all other applicable requirements in the Conditional Use Permit are also subject to all other applicable requirements in the City Code. d.Prohibited Uses Prohibited Uses Prohibited Uses – – – a blank cell in the use table indicates that the accessory land use is a blank cell in the use table indicates that the accessory land use is a blank cell in the use table indicates that the accessory land use is prohibited in that base zoning district.prohibited in that base zoning district.prohibited in that base zoning district. AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Table 44Table 44Table 44---474747---1 Accessory Use Table1 Accessory Use Table1 Accessory Use Table P=Permitted PS=Permitted with Standards CUP=Conditional Use Permit Blank=ProhibitedP=Permitted PS=Permitted with Standards CUP=Conditional Use Permit Blank=ProhibitedP=Permitted PS=Permitted with Standards CUP=Conditional Use Permit Blank=Prohibited AgricultureAgricultureResidential UseSpecific UseTypeOSPOSPFFR-ER-ER-1RR-1SR-1R-2R-3AR-3BR-3CR-3 Standards SeeDivision19 AccessoryAccessoryAccessorybuildingbuildingbuildingP P P P P P P P P P P P ofChapter 44 RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR SeeDivision19 AccessoryAccessoryAccessorydwellingdwellingdwellingunitunitunit(ADU)(ADU)(ADU)P P P P P ofChapter 44 SeeArticleIIIof Adultuse Chapter14 SeeArticle XI of AntennasandtowersCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Chapter44 SeeArticle XI of BeekeepingPSPSPSPSPSPSPSPSPSPSPS Chapter10 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Cemetery,crematory,ormausoleumCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP See Division 9 of Communityormarketgarden,morethan 1 CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Article V of acre in size Chapter 18 See Division 9 of Communityormarketgarden,under 1 acrein PSPSPSPSPSPSPSPSPSPSPS Article V of size Chapter18 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 64 of 223 63 E2 AgricultureResidential UseSpecific UseTypeOSPFR-ER-1RR-1SR-1R-2R-3AR-3BR-3CR-3 Standards SeeDivision19 Daycare,familyP P P P P P PSPSPSPS ofChapter 44 Directtoconsumersales,lessthan 4 (four)SeeDivision19 months)ofChapter 44 Directtoconsumersales,morethan 4 (four)SeeDivision19 months)ofChapter 44 Drive-upfoodorbeveragewindow,drive- through sales and service Exteriorstorage,display,saleordistributionof goods or materials HelistopCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP HomegardenP P P P P P P P P P P P P P P P P P P P SeeSeeSeeDivisionDivisionDivision 2 HomeoccupationPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS ofofofChapter 14 See Chapter 8 of ItinerantcarnivalsArticleIVof TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Chapter18 SeeDivision19 LandscapebusinessCUP ofChapter 44 MetalstoragebuildingsPSCUPCUPCUPSeeSection12-5 Publicpassengertransportationterminal(bus stop,transitstation) FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF SeeDivision19 SacredcommunityPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS ofChapter 44 SeeArticleIIIof SignsPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS Chapter44 SeeDivision5of SolarEnergySystemsPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS Article V of Chapter 18 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Standsforthesaleofagriculturalagriculturalagriculturalproductsproductsproducts P P P CUPCUPCUP produced on the premises Storage or parking of heavy commercialStorage or parking of heavy commercialStorage or parking of heavy commercial CUP vehiclesorcommercialcommercialcommercialequipmentequipmentequipmentororormoremoremore thanonelightcommercialcommercialcommercialvehiclevehiclevehicle SeeDivision19 SupportivecommercialcommercialcommercialusesusesusesPSPSPSPS ofChapter 44 SeeDivision5of Article V of WindWindWindEnergyEnergyEnergyConversionConversionConversionSystem,System,System,LargeLargeLargeCUPCUPCUPCUPCUP RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Chapter 18 SeeDivision5of WindEnergyConversionConversionConversionSystem,System,System,SmallSmallSmall PSPSPSPSPS Article V of (groundmounted)mounted)mounted) Chapter 18 See Division 5 of WindEnergyConversionSystem,System,System,SmallSmallSmall(roof(roof(roof PSPSPSPSPSPSPSPSPSPSPS Article V of mounted) Chapter 18 MixedUseCommercialIndustrial DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2 Standards SeeDivision19 AccessorybuildingCUPP CUPCUP ofChapter 44 SeeDivision19 Accessorydwellingunit(ADU)P ofChapter 44 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 65 of 223 64 E2 MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2 Standards SeeArticleIIIof Adult usePSPSPSPS Chapter14 SeeArticleXIof AntennasandtowersCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Chapter44 SeeArticleXIof BeekeepingPSPSPSPSPSPSPSPSPSPS Chapter10 Cemetery,crematory,ormausoleumCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP See Division 9 of Communityormarketgarden,morethan 1 CUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPArticle V of acre in size Chapter 1 8 See Division 9 ofSee Division 9 ofSee Division 9 of Communityormarketgarden,under 1 acrein PSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSArticleArticleArticle V V V ofofof size ChapterChapterChapter181818 SeeSeeSeeDivisionDivisionDivision19 Daycare,familyP P ofofofChapterChapterChapter 444444 Directtoconsumersales,lessthan 4 (four)SeeSeeSeeDivision19 PSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS months)ofChapter 44 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Directtoconsumersales,morethan 4 (four)SeeDivision19 PSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPSPS months)ofChapter 44 Drive-upfoodorbeverage window, drive- CUPP CUPCUPCUPCUPCUPCUPP P P CUPCUPCUPP P through sales and service Exteriorstorage,display,saleordistribution P CUPCUPCUP of goods or materials FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF HelistopCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP HomegardenCUP SeeDivision 2 HomeoccupationCUPCUPCUPCUP ofChapter 14 See Chapter 8 of ArticleIVof ItinerantcarnivalsPSPSPSPSPSPSPS Chapter18 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA SeeDivision19 Landscapebusiness ofChapter 44 MetalstoragebuildingsbuildingsbuildingsCUPPSPSSeeSection12-5 Publicpassengerpassengerpassengertransportationtransportationtransportationterminalterminalterminal(bus(bus(bus P P P CUP stop,transittransittransitstation)station)station) SeeDivision19 SacredSacredSacredcommunitycommunitycommunityPSPSPSPSPSPSPSPSPSPSPSPSPSPS ofChapter RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR 44 SeeArticleIIIof SignsPSPSPSPSPSPSPSPSPSPSPSPS Chapter44 SeeDivision5of Article V of PSPSPSPSPSPSPSPSPSPS Solar Energy Systems Chapter 18 Standsforthesaleofagriculturalagriculturalagriculturalproductsproductsproducts produced on the premises DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Storage or parking of heavy commercial vehiclesorcommercialequipmentormore thanonelightcommercialvehicle SeeDivision19 SupportivecommercialusesPSPS ofChapter 44 SeeDivision5of Article V of WindEnergyConversionSystem,LargeCUPCUPCUPCUPCUPCUPCUPCUPCUPCUP Chapter December 11, 2023 City Council Meeting Minutes Council Packet Page Number 66 of 223 65 E2 MixedUseCommercialIndustrial UseSpecific UseTypeMUNENCCOBCLBCBC(M)SCM-1M-2 Standards 18 See Division 5 of Wind Energy Conversion System, Small PSPSPSPSPSPSPSPSPSPSArticle V of (groundmounted) Chapter 1 8 See Division 5 of WindEnergyConversionSystem,Small(roof PSPSPSPSPSPSPSPSPSPSPSPSPSPSArticle V of mounted) Chapter 1 8 Secs. 44-53—44-60. 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. The OSP open space and parks district is designed to be a public park and open space district. The OSP open space and parks district is designed to be a public park and open space district. TTTTTTTTTTTTTTTT Public parks and open space may be owned or operated by Maplewood, Ramsey County or any Public parks and open space may be owned or operated by Maplewood, Ramsey County or any 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 other public body. All improvements within these districts must be consistent with the Maplewood other public body. All improvements within these districts must be consistent with the Maplewood Comprehensive Land Use Plan. Secs. 44-52.Development guidelines.Development guidelines.Development guidelines. FFFFFFFFFFFFFFFF Improvements and structures within open space lands and public parks with recreational facilities Improvements and structures within open space lands and public parks with recreational facilities 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 and structures shall be consistent with the Maplewood Comprehensive Land Use Plan and 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 developed in conformance with the site development requirements stipulated in the Maplewood developed in conformance with the site development requirements stipulated in the Maplewood Zoning Ordinance. Secs. 44-53—44-60. Reserved. 60. Reserved. 60. Reserved. AAAAAAAAAAAAAAAA Division 3.F FARM RESIDENCE DISTRICTF FARM RESIDENCE DISTRICTF FARM RESIDENCE DISTRICT Secs. 44-61.Purpose and intent.Purpose and intent.Purpose and intent. (1)The F farm residence district is intended to implement the Maplewood Comprehensive Land The F farm residence district is intended to implement the Maplewood Comprehensive Land 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 Use Plan and provide areas that offer a rural residential setting with opportunities for Use Plan and provide areas that offer a rural residential setting with opportunities for agricultural uses.agricultural uses.agricultural uses. (2)The standards of the RThe standards of the RThe standards of the R---1, residence district (single dwelling) shall apply to principal and 1, residence district (single dwelling) shall apply to principal and 1, residence district (single dwelling) shall apply to principal and RRRRRRRRRRRRRRRR accessory uses in the F, farmaccessory uses in the F, farmaccessory uses in the F, farmresidence district unless otherwise specified. Secs. 44-626262———444444---70. Reserved. 70. Reserved. 70. Reserved. Division 4. R- R- R-1 RESIDENCE DISTRICT (SINGLE DWELLING)1 RESIDENCE DISTRICT (SINGLE DWELLING)1 RESIDENCE DISTRICT (SINGLE DWELLING) Secs. 44-71.Purpose and intent. Purpose and intent. Purpose and intent. DDDDDDDDDDDDDDDD The purpose of the R-1, residence district (single dwelling), is to provide for single unit detached dwelling unitsand 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: December 11, 2023 City Council Meeting Minutes Council Packet Page Number 67 of 223 66 E2 a.A one-story dwelling, 950 square feet. b.A 1½-storydwelling, 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. Room size and number shall be consistent with Uniform Building Code standards. 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 1 residence district shall exceed a height of 35 feet, unless the 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 1 residence district shall be 10,000 square feet. The minimum lot 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 th at the building setback line shall be 75 feet, except that interior lots of record that are 60 feet th 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: wide or greater may be allowed by a conditional use permit provided that: 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. The findings required by code for a conditional use permit can be met. 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 There are at least two developed lots of record with the same or less width than There are at least two developed lots of record with the same or less width than T proposed, within 350 feet of the site on the street. Larger minimum side yard setbacks proposed, within 350 feet of the site on the street. Larger minimum side yard setbacks 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. may be required to balance the separation between adjacent structures. may be required to balance the separation between adjacent structures. Secs. 44-75.Front yards. Each dwelling and accessory structure in the Rch dwelling and accessory structure in the Rch dwelling and accessory structure in the R---1 residence district shall have a front yard 1 residence district shall have a front yard 1 residence district shall have a front yard F setback of at least 30 feet, but not more than 35 feet, except that: setback of at least 30 feet, but not more than 35 feet, except that: 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 If each of the lots next to an interior lot have dwellings, the minimum setback shall be 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 the setback of the adjacent dwelling closest to the street. The maximum setback shall 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. be the setback of the adjacent dwelling farthest from the street. 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 If subsection (a) of this section does not apply and there is a predominant setback, a If subsection (a) of this section does not apply and there is a predominant setback, a dwelling shall be no fudwelling shall be no fudwelling shall be no further forward and no more than five feet to the rear of the rther forward and no more than five feet to the rear of the rther forward and no more than five feet to the rear of the A predominant setback. predominant setback. predominant setback. c. Regardless of subsection (a) or (b) of this section, if the council has approved a Regardless of subsection (a) or (b) of this section, if the council has approved a 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 setback waiver for a development, these setbacks shall apply. Approval of a setback waiver for a development, these setbacks shall apply. Approval of a preliminary plat with building pads does not constitute approval of setbacks. preliminary plat with building pads does not constitute approval of setbacks. preliminary plat with building pads does not constitute approval of setbacks. d.d.d.Regardless of subsection (a), (b), or (c) of this section, homeowners may add on to Regardless of subsection (a), (b), or (c) of this section, homeowners may add on to Regardless of subsection (a), (b), or (c) of this section, homeowners may add on to their homes using the existing setback. their homes using the existing setback. their homes using the existing setback. R e.e.e.The director of community development may administratively allow a different setback The director of community development may administratively allow a different setback 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 if it would not adversely affect the drainage of surrounding properties and if any of the if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: following conditions apply: following conditions apply: i.i.i.The proposed setback would not affect the privacy of adjacent homes. The proposed setback would not affect the privacy of adjacent homes. The proposed setback would not affect the privacy of adjacent homes. ii.ii.ii.The proposed setback would save significant natural features as identified in The proposed setback would save significant natural features as identified in The proposed setback would save significant natural features as identified in Article V Environment and Natural Resources. Article V Environment and Natural Resources. Article V Environment and Natural Resources. iii.The proposed setback is necessary to meet city, state or federal regulations, D such as the pipeline setback or noise regulations. iv.The proposed setback is necessary for energy-saving, health or safety reasons. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 68 of 223 67 E2 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 yWhen two or more adjoining lots are used as a single building site, the side yWhen 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 Regardless of subsections (a) and (b) of this section, homeowners may add on to 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 The city council may approve a conditional use permit to construct a building addition into a 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 1 residence district, the minimum required rear 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 yard setback shall be a line connecting a point on each side lot line that is 20 percent of the yard setback shall be a line connecting a point on each side lot line that is 20 percent of the T lot depth. (2)Accessory structures and uncovered structures shall have a rear yard setback of at least five Accessory structures and uncovered structures shall have a rear yard setback of at least five 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.fronting lot, the front yard setback requirements shall apply.fronting lot, the front yard setback requirements shall apply. (3)A corner lot shall have only one rear lot line. A corner lot shall have only one rear lot line. 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 Regardless of subsections (1) through (3) of this section, homeowners may add on to their Regardless of subsections (1) through (3) of this section, homeowners may add on to their homes using the existing setback. homes using the existing setback. homes using the existing setback. F (5)The city council may approve a conditional use permit to construct a building addition into a The city council may approve a conditional use permit to construct a building addition into a The city council may approve a conditional use permit to construct a building addition into a minimum setback. Secs. 44-78.Building separation requirement.Building separation requirement.Building separation requirement. In an R-1 residence district, separation between an accessory structure and a principal structure 1 residence district, separation between an accessory structure and a principal structure 1 residence district, separation between an accessory structure and a principal structure or another accessory structure shall be in conformance with building code requirements. or another accessory structure shall be in conformance with building code requirements. or another accessory structure shall be in conformance with building code requirements. A Secs. 44-79.BuiBuiBuilding width and foundation requirements.lding width and foundation requirements.lding width and foundation requirements. (1)The minimum building width on any side in an RThe minimum building width on any side in an RThe 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 The building width shall not include entryways or other appurtenances that do not run the full The building width shall not include entryways or other appurtenances that do not run the full depth of the building. depth of the building. depth of the building. (2) A A All buildings shall provide a permanent foundation with perimeter frost footings or a floating ll buildings shall provide a permanent foundation with perimeter frost footings or a floating ll buildings shall provide a permanent foundation with perimeter frost footings or a floating R slab that meets the state building code. slab that meets the state building code. slab that meets the state building code. Secs. 44-80.80.80.Dwelling orientation on interior lots.Dwelling orientation on interior lots.Dwelling orientation on interior lots. (1)In an RIn an RIn an R---1 residence district, the front of a dwelling on an interior lot shall face a public street, 1 residence district, the front of a dwelling on an interior lot shall face a public street, 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 unless the dwelling does not have an apparent front side. The front is generally the longer 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 30side of the building and has a front door. The front wall may have up to a 30side of the building and has a front door. The front wall may have up to a 30-degree angle D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 69 of 223 68 E2 b.The proposed orientation would save significant natural features as identified in Article VEnvironment 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 1 residence district shall not cover more than 30 percent of the area of a 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 lot. The city council may approve a larger building area if it finds that it would not affect the character 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 1(R) RURAL CONSERVATION DWELLING DISTRICT 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 The City of Maplewood finds that there is a direct link between the natural systems and The City of Maplewood finds that there is a direct link between the natural systems and T character that exists throughout certain areas of the community. The requirements of this Rcharacter that exists throughout certain areas of the community. The requirements of this Rcharacter 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 1(R) rural conservation dwelling district are meant to preserve and enhance 1(R) rural conservation dwelling district are meant to preserve and enhance the the the ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance drainageways and water ecological connections throughout the city; 2) protect and enhance drainageways and water 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 quality; 3) protect and enhance ecological communities; 4) preserve and improve vistas; and quality; 3) protect and enhance ecological communities; 4) preserve and improve vistas; and 5) preserve or reinterpret local historical landmarks. 5) preserve or reinterpret local historical landmarks. 5) preserve or reinterpret local historical landmarks. F (2)To allow for and to protect a semiTo allow for and to protect a semiTo allow for and to protect a semi---rural, residential lifestyle, the city creates the Rrural, residential lifestyle, the city creates the Rrural, residential lifestyle, the city creates the R-1(R) rural conservation dwelling district is intended to encourage conservationconservation dwelling district is intended to encourage conservationconservation 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 This zoning district is for the areas of Maplewood that are not suitable for suburban or tract 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. development because of topography, vegetation or other factors that make the area unique. 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 The city finds the most suitable use of these areas is single dwellings on large lots, but is 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 interested in protecting the natural resources and will encourage developments to follow the interested in protecting the natural resources and will encourage developments to follow the A conservation principles and initiatives identified in subsequent sections of this division. To conservation principles and initiatives identified in subsequent sections of this division. To conservation principles and initiatives identified in subsequent sections of this division. To further support the rural quality of thefurther support the rural quality of thefurther support the rural quality of thearea, the density calculations in the Rarea, the density calculations in the Rarea, the density calculations in the R-1(R) rural conservation dwelling district shall be calculated on a netconservation dwelling district shall be calculated on a netconservation dwelling district shall be calculated on a net-acre basis which is further described in subsection 44described in subsection 44described in subsection 44---100(1)c of this division. Low100(1)c of this division. Low100(1)c of this division. Low-density residential development and conservation development will lessen grading and soil erosion and will help protect conservation development will lessen grading and soil erosion and will help protect conservation development will lessen grading and soil erosion and will help protect groundwater, vegetation, ecological communities and wooded areas. groundwater, vegetation, ecological communities and wooded areas. groundwater, vegetation, ecological communities and wooded areas. R Secs. 44Secs. 44Secs. 44---92.92.92.Height of buildings.Height of buildings.Height of buildings. The maximum height of a singleThe maximum height of a singleThe maximum height of a single-family dwelling shall be 35 feet. Secs. 44-93.Lot dimensions, lot area, width requirements, and side yards.Lot dimensions, lot area, width requirements, and side yards.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) No person shall build a single unit dwelling on a site less than 87,120 square feet (two acres) No person shall build a single unit dwelling on a site less than 87,120 square feet (two acres) D 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: December 11, 2023 City Council Meeting Minutes Council Packet Page Number 70 of 223 69 E2 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. Each interior lot shall have at least 80 feet of frontage on an improved public street. Each interior lot shall have at least 80 feet of frontage on an improved public street. (5)Each corner lot orparcel shall have at least 80 feet of frontage on each of the public streets. parcel shall have at least 80 feet of frontage on each of the public streets. 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 Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in 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 follow1 and shall be measured from the property line to the structure. The follow1 and shall be measured from the property line to the structure. The following ing ing 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. The side yard on the street side of a corner lot shall have a width of at least 30 feet. 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 singleWhen a property owner uses two or more adjoining lots as a singleWhen a property owner uses two or more adjoining lots as a single---building site, the building site, the building site, the T side yard requirements shall apply only to the outside lot lines. side yard requirements shall apply only to the outside lot lines. 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 Each dwelling and any accessory structure(s) shall have a front yard setback as defined in Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-93-1. Except that: F a.If each of the lots next to an interior lot has a dwelling, the minimum setback shall be If each of the lots next to an interior lot has a dwelling, the minimum setback shall be 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 he setback of the adjacent dwelling closest to the street. The maximum setback shall he setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. be the setback of the adjacent dwelling farthest from the street. 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 If subsection (1)a above does not apply and there is a predominant setback, a If subsection (1)a above does not apply and there is a predominant setback, a dwelling shall be no furthdwelling shall be no furthdwelling shall be no further forward and no more than five feet to the rear of the er forward and no more than five feet to the rear of the er forward and no more than five feet to the rear of the predominant setback. predominant setback. predominant setback. A c. Regardless of the above, if the city council has approved setback waiver for a Regardless of the above, if the city council has approved setback waiver for a 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 development, those setbacks shall apply. City approval of a preliminary plat with development, those setbacks shall apply. City approval of a preliminary plat with building pads does not constitute approval of setbacks exceptions. building pads does not constitute approval of setbacks exceptions. building pads does not constitute approval of setbacks exceptions. d.Regardless of the above, homeowners may add on to their homes using the existing Regardless of the above, homeowners may add on to their homes using the existing Regardless of the above, homeowners may add on to their homes using the existing setback. setback. setback. e.e.e.In all cases, the accessory structures shall be no closer than the principle structure, In all cases, the accessory structures shall be no closer than the principle structure, In all cases, the accessory structures shall be no closer than the principle structure, unless allowed by the city council through a waiver. unless allowed by the city council through a waiver. unless allowed by the city council through a waiver. R (2)The director of community development may administratively allow a different front yard The director of community development may administratively allow a different front yard 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 setback if the proposed setback would not adversely affect the drainage of surrounding setback if the proposed setback would not adversely affect the drainage of surrounding properties and if any of the following conditions approperties and if any of the following conditions approperties and if any of the following conditions apply: a.The proposed setback would not affect the privacy of adjacent homes. The proposed setback would not affect the privacy of adjacent homes. 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 The proposed setback would save significant natural features as identified in Article V The proposed setback would save significant natural features as identified in Article V Environment and Natural Resources. Environment and Natural Resources. Environment and Natural Resources. D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 71 of 223 70 E2 (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 Room size and number shall be consistent with the standards of the International Residential 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 The minimum building width on the primary frontage shall be at least 21 feet. The building width 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. shall not include entryways or other appurtenances that do not run the full depth of the building. shall not include entryways or other appurtenances that do not run the full depth of the building. Secs. 44-98.Definitions and conservation principles.finitions and conservation principles.finitions and conservation principles. (1)The conservation principles in the following table shall represent the conservation incentives The conservation principles in the following table shall represent the conservation incentives 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 for this division. The definitions of each principle follow the table. All incentives, and for this division. The definitions of each principle follow the table. All incentives, and subsequent conservation bonusessubsequent conservation bonusessubsequent conservation bonusesas described in table 44as described in table 44as described in table 44---100100100---1 shall only be granted if 1 shall only be granted if 1 shall only be granted if they exceed the minimum standards set forth in the existing city ordinances that relate to they exceed the minimum standards set forth in the existing city ordinances that relate to 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. environmental protection as identified in, but are not limited to, Chapters 12 and 44. 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 It shall be noted that the city has several ordinances that control and define natural resources 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 and environmental quality, in all cases, the more restrictive ordinance shall apply and it is the 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 applideveloper's responsibility to discuss any issues or questions regarding the applideveloper's responsibility to discuss any issues or questions regarding the applicable ordinances with the city planner. ordinances with the city planner. ordinances with the city planner. (3)The developer shall be aware that the conservation principles shall be subject to the The developer shall be aware that the conservation principles shall be subject to the The developer shall be aware that the conservation principles shall be subject to the recommendations of the city staff, applicable commissions, planning commission and recommendations of the city staff, applicable commissions, planning commission and recommendations of the city staff, applicable commissions, planning commission and ultimate approval by the city council. As stated in Section 44ultimate approval by the city council. As stated in Section 44ultimate 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 required to work closely with these bodies to develop a plan that supports the goals and required to work closely with these bodies to develop a plan that supports the goals and objectives for the Robjectives for the Robjectives for the R---1R district. Without council approval, the developer will be entitled to a 1R district. Without council approval, the developer will be entitled to a 1R district. Without council approval, the developer will be entitled to a base entitlement of one unit per two acres with a 2.0base entitlement of one unit per two acres with a 2.0base 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 44In all cases, the developer shall receive a conservation bonus as described in table 44In 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 only if the development integrates the conservation principle as a dominant theme throughout only if the development integrates the conservation principle as a dominant theme throughout the proposed development. This shall be required of all proposedthe proposed development. This shall be required of all proposedthe proposed development. This shall be required of all proposedconservation principles. The city's objective is to maintain the rural quality of the RThe city's objective is to maintain the rural quality of the RThe 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. conservation principles and development in the city's areas with natural resource quality. conservation principles and development in the city's areas with natural resource quality. (5)Table 44Table 44Table 44---989898---1 identifies the conservation princip1 identifies the conservation princip1 identifies the conservation principles that may qualify for density incentives. The table is categorized into two groups: group AThe table is categorized into two groups: group AThe 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 design characteristics. The developer shall be required to present a diverse set of 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 preservesan important stand of oak trees, the developer will receive the density incentive for one conservation principle not two. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 72 of 223 71 E2 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 The following conservation principles are defined for this division as natural The following conservation principles are defined for this division as natural characteristics because they directly apply specifically to naturally occurring characteristics because they directly apply specifically to naturally occurring characteristics because they directly apply specifically to naturally occurring TT characteristics on a site. The principles are presented in alphabetical order. characteristics on a site. The principles are presented in alphabetical order. characteristics on a site. The principles are presented in alphabetical order. i.Additional shoreline buffersAdditional shoreline buffersAdditional shoreline buffers: Beyond those already identified in the shoreland : Beyond those already identified in the shoreland : Beyond those already identified in the shoreland overlay district, the creation and plan for permanent protection of protective overlay district, the creation and plan for permanent protection of protective overlay district, the creation and plan for permanent protection of protective buffers around those areas which are more sensitive to the negative impacts buffers around those areas which are more sensitive to the negative impacts buffers around those areas which are more sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep slopof development, especially areas that are defined as bluffs or steep slopof development, especially areas that are defined as bluffs or steep slopes, FF where critical habitat may dwell, near historic tree clusters or heritage trees, et where critical habitat may dwell, near historic tree clusters or heritage trees, et 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 cetera, for which the additional buffers may vary or be averaged near the cetera, for which the additional buffers may vary or be averaged near the location of protection importance. location of protection importance. location of protection importance. ii.Additional stormwater managementAdditional stormwater managementAdditional stormwater management: The city has existing st: The city has existing st: The city has existing stormwater management policies, but there is opportunity to further improve the management policies, but there is opportunity to further improve the management policies, but there is opportunity to further improve the stormwater management on a site. The developer shall be given a stormwater management on a site. The developer shall be given a stormwater management on a site. The developer shall be given a AA conservation bonus for a stormwater management plan and implementation conservation bonus for a stormwater management plan and implementation conservation bonus for a stormwater management plan and implementation that exceeds the city's existing policy. that exceeds the city's existing policy. that exceeds the city's existing policy. iii.iii.iii.CCCreek restoration managementreek restoration managementreek restoration management: Restoration projects that the city believes would assist in the restoration of the stream or natural creek that compensate would assist in the restoration of the stream or natural creek that compensate 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 for the loss of past uses of the watershed due to contamination, erosion and for the loss of past uses of the watershed due to contamination, erosion and other influences or issues.other influences or issues.other influences or issues.Specific types of projects proposed for implementation as part of a development plan would be those that enhance implementation as part of a development plan would be those that enhance implementation as part of a development plan would be those that enhance RR habitat, water quality, and flow regime such as stormwater management, habitat, water quality, and flow regime such as stormwater management, habitat, water quality, and flow regime such as stormwater management, stream channel stabilization or greenways by implementing conservation stream channel stabilization or greenways by implementing conservation stream channel stabilization or greenways by implementing conservation easements, or additional buffers in riparian corridors. easements, or additional buffers in riparian corridors. easements, or additional buffers in riparian corridors. iv.iv.iv.Dedicate 50 percent open spaceDedicate 50 percent open spaceDedicate 50 percent open space: Open space is defined as public or publicly- held land that is generally natural in character and contains relatively few held land that is generally natural in character and contains relatively few held land that is generally natural in character and contains relatively few humanhumanhuman-made structures. The developer can achieve a conservation bonus for DD 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 73 of 223 72 E2 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 standard, the developer must prepare a health assessment of the trees on 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 site, and must show a polygon area on the site with permanent protection site, and must show a polygon area on the site with permanent protection plan, that the developer shall implement, for the areas to be preservedplan, that the developer shall implement, for the areas to be preservedplan, that the developer shall implement, for the areas to be preservedand a management plan including removal of invasive species on the site. management plan including removal of invasive species on the site. management plan including removal of invasive species on the site. vi.Enhance wetlands, create a comprehensive wetland management plan Enhance wetlands, create a comprehensive wetland management plan Enhance wetlands, create a comprehensive wetland management plan (CWMP): A plan to resolve development and protection conflicts where : A plan to resolve development and protection conflicts where : A plan to resolve development and protection conflicts where wetlands affect a significant portion of a community. The plan encompasses wetlands affect a significant portion of a community. The plan encompasses wetlands affect a significant portion of a community. The plan encompasses the identification, study, and evaluation of wetland functions and community the identification, study, and evaluation of wetland functions and community the identification, study, and evaluation of wetland functions and community values, and development needs and investments with regard to wetlands values, and development needs and investments with regard to wetlands values, and development needs and investments with regard to wetlands protection, enhancement and regulation. The applicant shall be required to protection, enhancement and regulation. The applicant shall be required to protection, enhancement and regulation. The applicant shall be required to createa plan, that the developer shall implement, that exceeds the standards a plan, that the developer shall implement, that exceeds the standards a plan, that the developer shall implement, that exceeds the standards of the adopted wetland ordinance. of the adopted wetland ordinance. of the adopted wetland ordinance. vii.Prairie restoration: After performing a historical analysis to determine pre: After performing a historical analysis to determine pre: After performing a historical analysis to determine pre- settlement conditions, prepare a plan for prairie restoration with a specific settlement conditions, prepare a plan for prairie restoration with a specific settlement conditions, prepare a plan for prairie restoration with a specific management strategy that the developer shall implement, over the course of management strategy that the developer shall implement, over the course of 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 five years in order to assure that the prairie establishes. This plan shall be 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 submitted and approved by the city's natural resource coordinator to submitted and approved by the city's natural resource coordinator to determine if it meets this requirement and subsequently qualifies for the determine if it meets this requirement and subsequently qualifies for the determine if it meets this requirement and subsequently qualifies for the conservation bonus. conservation bonus. conservation bonus. viii.Slope buffer preservationSlope buffer preservationSlope buffer preservation: A development plan that deliberately avoids placing : A development plan that deliberately avoids placing : A development plan that deliberately avoids placing any lots in the buffer area of a slope exceeding 12 percent or as described in any lots in the buffer area of a slope exceeding 12 percent or as described in any lots in the buffer area of a slope exceeding 12 percent or as described in the city's slope ordinance Section 44the city's slope ordinance Section 44the city's slope ordinance Section 44---1238 and in Article V Environment and 1238 and in Article V Environment and 1238 and in Article V Environment and Natural Resources. The developer shall establish a buffer with permanent Natural Resources. The developer shall establish a buffer with permanent Natural Resources. The developer shall establish a buffer with permanent protectprotectprotection to demonstrate how the buffer and slope is protected and the ion to demonstrate how the buffer and slope is protected and the ion to demonstrate how the buffer and slope is protected and the purpose of the protection measures and how it exceeds the current slope purpose of the protection measures and how it exceeds the current slope purpose of the protection measures and how it exceeds the current slope ordinance requirements. A conservation bonus will be given for those plans ordinance requirements. A conservation bonus will be given for those plans ordinance requirements. A conservation bonus will be given for those plans that exceed the standards identified in the current steep slopes ordinance. that exceed the standards identified in the current steep slopes ordinance. that exceed the standards identified in the current steep slopes ordinance. ix.ix.ix.Tree preservationTree preservationTree preservation: Through means of a tree inventory, identifying the most : Through means of a tree inventory, identifying the most : Through means of a tree inventory, identifying the most significant trees on a site and permanently protecting them. The developer significant trees on a site and permanently protecting them. The developer significant trees on a site and permanently protecting them. The developer shall be required to present a plan for protection of these trees, and wishall be required to present a plan for protection of these trees, and wishall 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 required to demonstrate how these trees will be integrated as a key required to demonstrate how these trees will be integrated as a key component of the development. component of the development. component of the development. (7)Group B: Design characteristics.Group B: Design characteristics.Group B: Design characteristics. a.The following conservation principles relate to the design of a project or of a site. The The following conservation principles relate to the design of a project or of a site. The The following conservation principles relate to the design of a project or of a site. The principles are presented in alphabetical order. principles are presented in alphabetical order. principles are presented in alphabetical order. i.ClusteringClusteringClustering: 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 connectionsto existing trails. A conservation bonus will be December 11, 2023 City Council Meeting Minutes Council Packet Page Number 74 of 223 73 E2 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 parks may support passive uses such as walking trails, boardwalks and nature parks may support passive uses such as walking trails, boardwalks and nature observation areas, but some areas may be too environmentally sensitive to observation areas, but some areas may be too environmentally sensitive to observation areas, but some areas may be too environmentally sensitive to accommodate any public access. A conservation bonus will only be given for date any public access. A conservation bonus will only be given for date any public access. A conservation bonus will only be given for passive dedication areas that are permanently protected and that are passive dedication areas that are permanently protected and that are 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 : Using the Minnesota Greenstar Program, develop energy : Using the Minnesota Greenstar Program, develop energy efficient and Greenstar-rated projects and buildings. A conservation bonus will rated projects and buildings. A conservation bonus will rated projects and buildings. A conservation bonus will be given when the developer utilizes the program to create a "theme" in a be given when the developer utilizes the program to create a "theme" in a be given when the developer utilizes the program to create a "theme" in a development and uses the Greenstar and conservation principles in marketing development and uses the Greenstar and conservation principles in marketing development and uses the Greenstar and conservation principles in marketing the project. v.Historic preservation: Identifying and protecting through permanent means, tifying and protecting through permanent means, tifying and protecting through permanent means, any historically significant areas on a specific site. If historical preservation is any historically significant areas on a specific site. If historical preservation is any historically significant areas on a specific site. If historical preservation is T proposed as a conservation principle, the city's historical preservation proposed as a conservation principle, the city's historical preservation proposed as a conservation principle, the city's historical preservation commission shall review and provide recommendations to the city council commission shall review and provide recommendations to the city council commission shall review and provide recommendations to the city council regarding this principle. To reinforce the historical quality, a signage plan shall regarding this principle. To reinforce the historical quality, a signage plan shall regarding this principle. To reinforce the historical quality, a signage plan shall be included to clearly communicate the historical significance of the area or be included to clearly communicate the historical significance of the area or be included to clearly communicate the historical significance of the area or artifact. F vi.LEED certified buildings/development (three practices per strLEED certified buildings/development (three practices per strLEED certified buildings/development (three practices per structure): A national set of standards for buildings and neighborhoods that focuses on the national set of standards for buildings and neighborhoods that focuses on the national set of standards for buildings and neighborhoods that focuses on the principles of green building, smart growth, sustainability and healthy living. principles of green building, smart growth, sustainability and healthy living. principles of green building, smart growth, sustainability and healthy living. The LEED for neighborhood development rating system provides The LEED for neighborhood development rating system provides The LEED for neighborhood development rating system provides independent, thirdindependent, thirdindependent, third---party veparty veparty verification that a development's location and design rification that a development's location and design rification that a development's location and design meet accepted high levels of environmentally responsible, sustainable meet accepted high levels of environmentally responsible, sustainable meet accepted high levels of environmentally responsible, sustainable A development. A conservation bonus will be given for a minimum of three development. A conservation bonus will be given for a minimum of three development. A conservation bonus will be given for a minimum of three practices in the LEED standards certification criteria. The conservation bonus practices in the LEED standards certification criteria. The conservation bonus practices in the LEED standards certification criteria. The conservation bonus shall only be given if the LEED standards are applied to all structures shall only be given if the LEED standards are applied to all structures shall only be given if the LEED standards are applied to all structures throughout a development. Developers are encouraged to seek LEED throughout a development. Developers are encouraged to seek LEED throughout a development. Developers are encouraged to seek LEED certification. certification. certification. vii.vii.vii.Low impact development (LID)Low impact development (LID)Low impact development (LID): An ecologically friendly approach to site development and stormwater management that aims to mitigate development development and stormwater management that aims to mitigate development development and stormwater management that aims to mitigate development R impacts to land, water and air. The approach emphasizes the integration of impacts to land, water and air. The approach emphasizes the integration of impacts to land, water and air. The approach emphasizes the integration of site design and planning techniques that conserve the natural syssite design and planning techniques that conserve the natural syssite design and planning techniques that conserve the natural systems and hydrologic functions of a site. In all cases, the developer must minimize the hydrologic functions of a site. In all cases, the developer must minimize the hydrologic functions of a site. In all cases, the developer must minimize the impervious surface coverage to achieve low impact development, and must be impervious surface coverage to achieve low impact development, and must be impervious surface coverage to achieve low impact development, and must be a minimum of five percent below the 30 percent coverage standard allowed. a minimum of five percent below the 30 percent coverage standard allowed. a minimum of five percent below the 30 percent coverage standard allowed. This must be accomplished in conjunction with other LID techniques to This must be accomplished in conjunction with other LID techniques to This must be accomplished in conjunction with other LID techniques to D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 75 of 223 74 E2 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. Application requirements and procedures. Secs. 44-99. The developer shall follow the steps outlined below as part of the development review process. The developer shall follow the steps outlined below as part of the development review process. 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 The developer shall be required to review the contents of this division and prepare a plan consisting 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 The developer shall review this division and available natural resource data. The 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 intent is to establish the property's ecological connections both within Maplewood and 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 as part of the regional ecological system. If the developer chooses not to use a 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) conservation approach, the developer may develop at the base entitlement of one (1) 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 iunit per two (2) acres of land and skip to step (e). If the developer is interested iunit per two (2) acres of land and skip to step (e). If the developer is interested in n n additional units and smaller lot sizes, then the developer shall follow steps (b)additional units and smaller lot sizes, then the developer shall follow steps (b)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, The developer shall prepare and submit a natural resources evaluation of the site, The developer shall prepare and submit a natural resources evaluation of the site, T including all of the following elements. This step is in preparation for meeting with the including all of the following elements. This step is in preparation for meeting with the 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: city planner and should be completed prior to developing a concept plan: 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 Tree survey, including all significant individual trees greater than six inches in Tree survey, including all significant individual trees greater than six inches in diameter, and stands of trees, identifying tree species and size. diameter, and stands of trees, identifying tree species and size. diameter, and stands of trees, identifying tree species and size. ii.Wetland inventory, includWetland inventory, includWetland inventory, including delineation reports; and MnRAM verification. ing delineation reports; and MnRAM verification. ing delineation reports; and MnRAM verification. F iii.Topographic survey indicating existing drainage patterns. This shall include Topographic survey indicating existing drainage patterns. This shall include Topographic survey indicating existing drainage patterns. This shall include one-foot contours for steep slope areas to better understand where the top foot contours for steep slope areas to better understand where the top foot contours for steep slope areas to better understand where the top and bottom of the slopes are for preservation and placand bottom of the slopes are for preservation and placand 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 developer shall set up a meeting with the city planner to discuss and establish 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 the intent and goal for the subdivision. The process shall include a discussion the intent and goal for the subdivision. The process shall include a discussion regarding the appropriate conservation principles as identified in table 44regarding the appropriate conservation principles as identified in table 44regarding the appropriate conservation principles as identified in table 44-98-1 forthe A specific site and shall be based on the preliminary natural resource information specific site and shall be based on the preliminary natural resource information 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 collected in step (b). The principles utilized to achieve higher densities on a site must 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 be reviewed and recommended by the city staff, planning commission and approved be reviewed and recommended by the city staff, planning commission and approved by the city council. The conservation principles and corresponding conservation by the city council. The conservation principles and corresponding conservation by the city council. The conservation principles and corresponding conservation bonuses are shown in table 44bonuses are shown in table 44bonuses are shown in table 44-100-1 d.d.d.The developer shall create a concept plan that includes the following information: The developer shall create a concept plan that includes the following information: The developer shall create a concept plan that includes the following information: R i.i.i.A base yield plan, which demonstrates the number of allowed lots as A base yield plan, which demonstrates the number of allowed lots as A base yield plan, which demonstrates the number of allowed lots as determined by the base entitlement of one unit per two acres. determined by the base entitlement of one unit per two acres. determined by the base entitlement of one unit per two acres. ii.ii.ii.A description of the conservation principles that are used and the A description of the conservation principles that are used and the A description of the conservation principles that are used and the corresponding conservation bonus and unit count as the developer corresponding conservation bonus and unit count as the developer corresponding conservation bonus and unit count as the developer understands it. This shall also include information and data that supports how understands it. This shall also include information and data that supports how understands it. This shall also include information and data that supports how the concept plan addresses the conservation principle and how the plan meets the concept plan addresses the conservation principle and how the plan meets the concept plan addresses the conservation principle and how the plan meets and exceeds the standards of the city's existing natural resource ordinances. D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 76 of 223 75 E2 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 Submit copies of items i. through iv. for informal or nonbinding comments by Submit copies of items i. through iv. for informal or nonbinding comments by city staff, planning commission and city council. Each body will provide city staff, planning commission and city council. Each body will provide city staff, planning commission and city council. Each body will provide feedback and recommendations to the developer so the developer feedback and recommendations to the developer so the developer feedback and recommendations to the developer so the developer understands the changes they need to make moving forward to the understands the changes they need to make moving forward to the 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 preliminary plat. It will be up to the city council to make the final decision with 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 respect to the implementation of the conservation principles and final density 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 After the concept plan review, the developer shall take and integrate the After the concept plan review, the developer shall take and integrate the recommendations and prepare a preliminary plat and final plat submittal in recommendations and prepare a preliminary plat and final plat submittal in recommendations and prepare a preliminary plat and final plat submittal in accordance with Section 34-5 of the subdivision ordinance. of the subdivision ordinance. of the subdivision ordinance. f.A full developer's agreement as well as any necessary agreements that document the A full developer's agreement as well as any necessary agreements that document the 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 conservation principles and how they will be upheld will be required as a part of any conservation principles and how they will be upheld will be required as a part of any T final plat approval. This shall also include, if applicable, any dedication or transfer of final plat approval. This shall also include, if applicable, any dedication or transfer of 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 property for the purpose of permanent conservation which shall be completed prior to property for the purpose of permanent conservation which shall be completed prior to final plat approval or the issuance of any building permit. final plat approval or the issuance of any building permit. final plat approval or the issuance of any building permit. Secs. 44-100.Conservation bonus standards.Conservation bonus standards.Conservation bonus standards. The following conservation bonuses shall be rThe following conservation bonuses shall be rThe following conservation bonuses shall be rewarded based on the number of conservation ewarded based on the number of conservation ewarded based on the number of conservation F principles (as identified in table 44-989898---1) integrated within a development. The conservation 1) integrated within a development. The conservation 1) integrated within a development. The conservation principles and their application must be agreed to by both the developer and the city. principles and their application must be agreed to by both the developer and the city. 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 Conservation bonus is defined as the additional allotment of a lot or lots as 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 determined by the number of conservation principles met. Conservation bonus is also determined by the number of conservation principles met. Conservation bonus is also commonly referred to as a density bonus. commonly referred to as a density bonus. commonly referred to as a density bonus. b.The units obtained through the conservation bonus calculation shall always be The units obtained through the conservation bonus calculation shall always be The units obtained through the conservation bonus calculation shall always be A rounded down to the nearest whole number. rounded down to the nearest whole number. rounded down to the nearest whole number. c. The density and number of units shall be calculated on a net area basis. Net density The density and number of units shall be calculated on a net area basis. Net density 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 shall be defined as the number of dwelling units per acre exclusive of arterial streets shall be defined as the number of dwelling units per acre exclusive of arterial streets and rightsand rightsand rights---ofofof---way, steep slopes (in excess of 18 percent), wetlands and water way, steep slopes (in excess of 18 percent), wetlands and water way, steep slopes (in excess of 18 percent), wetlands and water features, and other publicly dedicated improvements such as parks. features, and other publicly dedicated improvements such as parks. features, and other publicly dedicated improvements such as parks. d.d.d.The following table identifies the baseline entitlement for all property zoned RThe following table identifies the baseline entitlement for all property zoned RThe following table identifies the baseline entitlement for all property zoned R-1R of R 0.5 units per acre. All conservation bonuses are cumulative and the percentage 0.5 units per acre. All conservation bonuses are cumulative and the percentage 0.5 units per acre. All conservation bonuses are cumulative and the percentage bonus calculated as suchbonus calculated as suchbonus calculated as such. Table 44Table 44Table 44---100100100-1 Conservation Bonus Allotment for Conservation Principles. D December 11, 2023 City Council Meeting Minutes Council Packet Page Number 77 of 223 76 E2 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 singleThe intent of the RE residence estate district is to protect and enhance the character of singleThe 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 1 residence districts (single 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 Minimum lot area. The minimum lot area in an RE residence estate district shall be 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, determined by the city council at the time of rezoning, but shall be limited to 20,000, 30,000, 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 or 40,000 square feet. The council shall base its decision on the character of developed lots or 40,000 square feet. The council shall base its decision on the character of developed lots within an existing neighborhood or onthe desired character of lots in an undeveloped area. the desired character of lots in an undeveloped area. 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 Minimum lot area requirements shall be designated on the zoning map in each RE district's 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, title, e.g., RE (30), standing for a minimum lot area of 30,000 square feet. Once established, 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 any request to change a district's minimum lot area requirement shall be processed as a any request to change a district's minimum lot area requirement shall be processed as a TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT request for rezoning. (2)Minimum lot width at building setback line. The minimum lot width at the building setback line Minimum lot width at building setback line. The minimum lot width at the building setback line Minimum lot width at building setback line. The minimum lot width at the building setback line shall be as follows: DISTRICT TITLEMINIMUM LOT WIDTH (FMINIMUM LOT WIDTH (FMINIMUM LOT WIDTH (FEET) RE (20)100100100 RE (30)120120120 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF RE (40)140140140 (3)Minimum setbacks. Minimum setbacks shall be as follows: Minimum setbacks. Minimum setbacks shall be as follows: Minimum setbacks. Minimum setbacks shall be as follows: a.Within RE districts, the following minimum building setbacks for dwellings, accessory Within RE districts, the following minimum building setbacks for dwellings, accessory Within RE districts, the following minimum building setbacks for dwellings, accessory buildings and driveways shall apply: buildings and driveways shall apply: buildings and driveways shall apply: DISTRICT TITLEDISTRICT TITLEDISTRICT TITLESIDE YARD SETBACK (FSIDE YARD SETBACK (FSIDE YARD SETBACK (FEET) AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RE (20)151515 RE (30)RE (30)RE (30)202020 RE (40)RE (40)RE (40)252525 i.i.i.All other setbacks shall be as required for the RAll other setbacks shall be as required for the RAll other setbacks shall be as required for the R-1 residence district (single dwelling), except that the Rdwelling), except that the Rdwelling), except that the R-1 front yard setback requirements shall not apply RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR to the RE (40) district. The minimum required front yard setback in an RE (40) to the RE (40) district. The minimum required front yard setback in an RE (40) to the RE (40) district. The minimum required front yard setback in an RE (40) district shall be 3district shall be 3district shall be 30 feet. (4)Maximum building height. No single dwelling in an RE residential estate district shall exceed Maximum building height. No single dwelling in an RE residential estate district shall exceed 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. a height of 35 feet, unless the city council approves a conditional use permit. 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 Effect of rezoning. Legally buildable lots before the rezoning to an RE zone shall be Effect of rezoning. Legally buildable lots before the rezoning to an RE zone shall be considered buildable after rezoning to an RE zone. considered buildable after rezoning to an RE zone. considered buildable after rezoning to an RE zone. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD December 11, 2023 City Council Meeting Minutes Council Packet Page Number 78 of 223 77 E2 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 dwelling district, is to provide for single unit 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 Rdwelling units and directly related complementary uses with lots that are smaller in scale than the Rdwelling 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. dwelling district. dwelling district. Secs. 44-123.Height of buildings. Nosingle dwelling in the R-1S small-lot single-dwelling district shall exceed a height of 35 feet, dwelling district shall exceed a height of 35 feet, 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.Lot area and width; sewer requirements.Lot area and width; sewer requirements. T (1)In the R-1S small-lot single-dwelling district, no persondwelling district, no persondwelling district, no personshall build a singleshall build a singleshall build a single---family dwelling on family dwelling on family dwelling on a site less than 7,500 square feet in area. a site less than 7,500 square feet in area. 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 family dwelling on a lot with less than 60 feet of width for an 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. interior lot or 85 feet of width for a corner lot. interior lot or 85 feet of width for a corner lot. (3)No person shall build asingle-family dwelling unless a public sanitary sewer is available. family dwelling unless a public sanitary sewer is available. family dwelling unless a public sanitary sewer is available. F Secs. 44-125.Front yards. (1)Each dwelling and accessory structure in the REach dwelling and accessory structure in the REach dwelling and accessory structure in the R---1S small1S small1S small---lot singlelot singlelot single-dwelling district shall have a front yard setback of at least 30 feet, but not more than 35 feet, except a front yard setback of at least 30 feet, but not more than 35 feet, except 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 If each of the lots adjacent to an interior lot have dwellings, the minimum setback shall 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 be the setback of the adjacent dwelling closest to the street. The maximum setback be the setback of the adjacent dwelling closest to the street. The maximum setback A shall be the setback of the adjacent dwelling farthest from the street. shall be the setback of the adjacent dwelling farthest from the street. 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 If subsection (1)a of this section does not apply and there is a predominant setback, a 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 dwelling shall be no further forward and no more than five feet to the rear of the dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. predominant setback. predominant setback. c. c. c. If the council has approved setback waivers for a development, If the council has approved setback waivers for a development, 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 apply. Approval of a preliminary plat with building pads does not constitute approval of apply. Approval of a preliminary plat with building pads does not constitute approval of setbacks. setbacks. setbacks. R d.d.d.Regardless of subsections (1)a through (1)c of this section, homeowners may add on Regardless of subsections (1)a through (1)c of this section, homeowners may add on Regardless of subsections (1)a through (1)c of this section, homeowners may add on to their homes using the existing setback. to their homes using the existing setback. to their homes using the existing setback. (2)The director of community development may administratively allow a different setback if it The director of community development may administratively allow a different setback if it 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 would not adversely affect the drainage of surrounding properties and if any of the following would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: conditions apply: conditions apply: a.The proposed setback would not affect the privacy of adjacenThe proposed setback would not affect the privacy of adjacenThe proposed setback would not affect the privacy of adjacent homes. D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 79 of 223 78 E2 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 aside 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 The front yard setback requirements shall apply to the side yard on the street side of The front yard setback requirements shall apply to the side yard on the street side of a corner lot. b.When twoor more adjoining lots are used as a single building site, the side yard or more adjoining lots are used as a single building site, the side yard 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 Regardless of subsection (1)a and (2) of this section, homeowners may add on to 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 city council may approve a conditional use permit to construct a building addition or part 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 small1S small1S small---lot singlelot singlelot single---dwelling district, the minimum dwelling district, the minimum dwelling district, the minimum T required rear yard setback shall be a line connecting a point on each side lot line that is 20 required rear yard setback shall be a line connecting a point on each side lot line that is 20 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 Accessory structures and uncovered structures shall have a rear yard setback of at least five 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. fronting lot, the front yard setback requirements shall apply. fronting lot, the front yard setback requirements shall apply. (3)A corner lot shall have only one rear lot line. A corner lot shall have only one rear lot line. 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 Regardless of subsections (a) through (c) of this section, homeowners may add on to their Regardless of subsections (a) through (c) of this section, homeowners may add on to their F homes using the existing setback. homes using the existing setback. homes using the existing setback. (5)The city council may approve a conditional use permit to construct a building addition into a The city council may approve a conditional use permit to construct a building addition into a 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.Minimum foundation areas; room requirements.Minimum foundation areas; room requirements. (1)The minimum foundation area in the RThe minimum foundation area in the RThe minimum foundation area in the R---1S small1S small1S small---lot singlelot singlelot single-dwelling district shall be at least: A a.A oneA oneA one---story dwelling, 950 square feet. story dwelling, 950 square feet. story dwelling, 950 square feet. b.A 1½A 1½A 1½---story dwelling, 720 square feet. story dwelling, 720 square feet. story dwelling, 720 square feet. c. A bilevel dwelling, 816 square feet. A bilevel dwelling, 816 square feet. A bilevel dwelling, 816 square feet. d.d.d.A trilevel dwelling, 765 square feet. A trilevel dwelling, 765 square feet. A trilevel dwelling, 765 square feet. e.e.e.A twoA twoA two---story dwelling, 528 square feet. story dwelling, 528 square feet. story dwelling, 528 square feet. (2)Room size and number shall be consistent with Uniform Building Code standards. Room size and number shall be consistent with Uniform Building Code standards. Room size and number shall be consistent with Uniform Building Code standards. R Secs. 44Secs. 44Secs. 44---129.129.129.Building width requBuilding width requBuilding width requirements.irements.irements. In the RIn the RIn the R---1S small1S small1S small---lot singlelot singlelot single-dwelling district, the minimum building width on any side shall be at dwelling district, the minimum building width on any side shall be at 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 least 21 feet. The building width shall not include entryways or other appurtenances that do not run least 21 feet. The building width shall not include entryways or other appurtenances that do not run the full depth of the building. the full depth of the building. the full depth of the building. Secs. 44-130.Exterior design approval.D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 80 of 223 79 E2 Secs. 44-131.Dwelling orientation. In the R-1S small-lotsingle-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 haveup 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 the allowed angle from the street line. This section shall not apply to corner lots. The director of 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 y administratively allow a different orientation if it would not adversely y administratively allow a different orientation if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: affect the drainage of surrounding properties and if any of the following conditions apply: 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. The proposed orientation would not affect the privacy of adjacent homes. The proposed orientation would not affect the privacy of adjacent homes. b.The proposed orientation would save significant natural features as identified in The proposed orientation would save significant natural features as identified in 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 The proposed orientation is necessary to meet city, state or federal regulations, such 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 energyThe proposed orientation is necessary for energyThe proposed orientation is necessary for energy---saving, health or safety reasons. saving, health or safety reasons. 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 dwelling district shall not cover more than 30 percent of dwelling district shall not cover more than 30 percent of T the area of a lot. The city council may approve a larger building area if it finds that it would not affect the area of a lot. The city council may approve a larger building area if it finds that it would not affect 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)2 RESIDENCE DISTRICT (DOUBLE DWELLING)2 RESIDENCE DISTRICT (DOUBLE DWELLING) F Secs. 44-141.Purpose and intent. Purpose and intent. Purpose and intent. The intent of the R-2 residence district (double dwelling) is established to provide for the use of 2 residence district (double dwelling) is established to provide for the use of 2 residence district (double dwelling) is established to provide for the use of two-unit and attached single unit dwellings together with appropriate aunit and attached single unit dwellings together with appropriate aunit 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 this district is intended to provide for a housing type and arrangement that is distinguished from the 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 family detached dwellings and multifamily dwellings provided for elsewhere in these 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 regulations. The location of this district is further intended to provide a transitional use between the regulations. The location of this district is further intended to provide a transitional use between the A single-unit detached dwelling districts and other districts which are more intensive.unit detached dwelling districts and other districts which are more intensive.unit detached dwelling districts and other districts which are more intensive. Secs. 44-142.142.142.Height of buildings.Height of buildings.Height of buildings. In the RIn the RIn the R---2 residence district (double dwelling), no single unit dwelling or2 residence district (double dwelling), no single unit dwelling or2 residence district (double dwelling), no single unit dwelling ordouble dwelling (duplex) shall exceed a height of 35 feet, unless the city council approves a conditional use permit. shall exceed a height of 35 feet, unless the city council approves a conditional use permit. shall exceed a height of 35 feet, unless the city council approves a conditional use permit. R Secs. 44Secs. 44Secs. 44---143.143.143.Lot dimensions; sewer requirements; density.Lot dimensions; sewer requirements; density.Lot dimensions; sewer requirements; density. (1)No twoNo twoNo two---unit dwellings shall be built or structurally altered in the Runit dwellings shall be built or structurally altered in the Runit 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. dwelling) on a site less than 12,000 square feet in area. 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 RNo single unit dwelling shall be built or structurally altered in an RNo 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. dwelling) on a site less than 7,500 square feet in area. dwelling) on a site less than 7,500 square feet in area. (3)The minimum lot width in an RThe minimum lot width in an RThe minimum lot width in an R-2 residence district for: D 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 raisedto 85 feet). December 11, 2023 City Council Meeting Minutes Council Packet Page Number 81 of 223 80 E2 (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 shal2 residence district (double dwelling), each dwelling and accessory structure shal2 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: have a front yard setback of at least 30 feet, but not more than 35 feet, except that: 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 If each of the lots adjacent to an interior lot have dwellings, the minimum setback shall 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 sbe the setback of the adjacent dwelling closest to the street. The maximum sbe the setback of the adjacent dwelling closest to the street. The maximum setback etback etback shall be the setback of the adjacent dwelling farthest from the street. shall be the setback of the adjacent dwelling farthest from the street. 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 If subsection (1)a of this section does not apply and there is a predominant setback, a 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 dwelling shall be no further forward and no more than five feet to the rear of the 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 If the council has approved setback waiver for a development, these setbacks shall If the council has approved setback waiver for a development, these setbacks shall T apply. Approval of a preliminary plat with building pads does not constitute approval of apply. Approval of a preliminary plat with building pads does not constitute approval of 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 Regardless of subsections (1)a through (1)c of this section, homeowners may add on Regardless of subsections (1)a through (1)c of this section, homeowners may add on to their homes using the existing setback. to their homes using the existing setback. to their homes using the existing setback. (2)The director of community development may administratively allow a different setback if it The director of community development may administratively allow a different setback if it 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 would not adversely affect the drainage of surrounding properties and if any of the following would not adversely affect the drainage of surrounding properties and if any of the following F conditions apply: a.The proposed setback would not affect the privacy of adjacent homes. The proposed setback would not affect the privacy of adjacent homes. 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 The proposed setback would save significant natural features as identified in Article V The proposed setback would save significant natural features as identified in Article V Environment and Natural Resources. Environment and Natural Resources. Environment and Natural Resources. c. The proposed setback is necessary to meet city, state or federal regulations, such as The proposed setback is necessary to meet city, state or federal regulations, such as The proposed setback is necessary to meet city, state or federal regulations, such as the pipeline setback or noise regulations. the pipeline setback or noise regulations. the pipeline setback or noise regulations. A d.The proposed setback is necessary for energyThe proposed setback is necessary for energyThe proposed setback is necessary for energy-saving, health or safety reasons. Secs. 44-145.145.145.Side yards.Side yards.Side yards. (1)In the RIn the RIn the R---2 residence district (double dwelling), there shall be a side yard setback of at least 2 residence district (double dwelling), there shall be a side yard setback of at least 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 ten feet to any covered part of a dwelling. There shall be a side yard setback of at least five 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 feet to a garage, uncovered structure or detached accessory structure. The following feet to a garage, uncovered structure or detached accessory structure. The following R exceptions shall apply: exceptions shall apply: exceptions shall apply: a.a.a.The front yard setback requireThe front yard setback requireThe front yard setback requirements shall apply to the side yard on the street side of a corner lot. a corner lot. a corner lot. b.When two or more adjoining lots are used as a single building site, the side yard When two or more adjoining lots are used as a single building site, the side yard 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. requirements shall apply only to the outside lot lines. 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 Regardless of subsections (1)a through (1)c of this section, homeowners may add on Regardless of subsections (1)a through (1)c of this section, homeowners may add on to their homes using the existing setback. to their homes using the existing setback. to their homes using the existing setback. D (2)The city council may approve a conditional use permit to construct a building addition or part thereof into a minimum setback. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 82 of 223 81 E2 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. fronting lot, the front yard setback requirements shall apply. 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 Regardless of subsections (1) through (3) of this section, homeowners may add on to their 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 The city council may approve a conditional use permit to construct a building addition into a 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 trict, separation between an accessory structure and a trict, separation between an accessory structure and a principal structure or another accessory structure shall be in conformance with building code principal structure or another accessory structure shall be in conformance with building code principal structure or another accessory structure shall be in conformance with building code requirements T Secs. 44-148.Minimum floor areas. The minimum habitable floor area for each RThe minimum habitable floor area for each RThe minimum habitable floor area for each R---2 residence district (double2 residence district (double2 residence district (doubledwelling) dwelling units dwelling) dwelling units dwelling) dwelling units shall be at least: 580 square feet per efficiency or oneshall be at least: 580 square feet per efficiency or oneshall be at least: 580 square feet per efficiency or one---bedroom unit; 740 square feet per twobedroom unit; 740 square feet per twobedroom unit; 740 square feet per two- bedroom unit; 860 square feet per three-bedroom unit; 1,040 square feet per fourbedroom unit; 1,040 square feet per fourbedroom unit; 1,040 square feet per four-bedroom unit. F Secs. 44-149.Dwelling orientation.Dwelling orientation.Dwelling orientation. In the R-2 residence district (double dwelling), the front of a dwelling on an interior lot shall face a ence district (double dwelling), the front of a dwelling on an interior lot shall face a ence 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 public street, unless the dwelling does not have an apparent front side. The front is generally the 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 30longer side of the building and has a front door. The front wall may have up to a 30longer 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 from the street line. If the front wall has an angle, the city shall use the longest section to determine 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 the allowed angle from the street line. This section shall not apply to corner lots. The director of the allowed angle from the street line. This section shall not apply to corner lots. The director of A community development may administratively allow a different orientation if it would not adversely community development may administratively allow a different orientation if it would not adversely 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: affect the drainage of surrounding properties and if any of the following conditions apply: 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. The proposed orientation would not affect the privacy of adjacent homes. The proposed orientation would not affect the privacy of adjacent homes. b.The proposed orientation would save significant natural features as identified in The proposed orientation would save significant natural features as identified in The proposed orientation would save significant natural features as identified in Article V Environment and Natural Resources. Article V Environment and Natural Resources. Article V Environment and Natural Resources. c. c. c. The proposed orientation is necessary to meet city, state or federal regulations, such The proposed orientation is necessary to meet city, state or federal regulations, such The proposed orientation is necessary to meet city, state or federal regulations, such as the pipeline setback or noise regulations. as the pipeline setback or noise regulations. as the pipeline setback or noise regulations. R d.d.d.ThThThe proposed orientation is necessary for energye proposed orientation is necessary for energye proposed orientation is necessary for energy-saving, health or safety reasons. Secs. 44-150.150.150.Maximum building area.Maximum building area.Maximum building area. In the R-2 residence district (double dwelling), building area shall not cover more than 30 percent 2 residence district (double dwelling), building area shall not cover more than 30 percent 2 residence district (double dwelling), building area shall not cover more than 30 percent of the area of a lot. The city council may approveof the area of a lot. The city council may approveof the area of a lot. The city council may approvea larger building area if it finds that it would not affect the character of the neighborhood.affect the character of the neighborhood.affect the character of the neighborhood. D Secs. 44-151—44-160. Reserved. Division 9. R-3 RESIDENCE DISTRICT (MULTIPLE DWELLING) Subdivision I.In General December 11, 2023 City Council Meeting Minutes Council Packet Page Number 83 of 223 82 E2 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 numberof units: CLASSIFICATIONSTRUCTURE CONTAINING: R-3AAPARTMENT BUILDING WITH 3 TO 17 UNITS R-3BAPARTMENT BUILDING WITH MORE THAN 17 UNITS R-3CTOWNHOUSES Secs. 44-162.Definitions. The following words, terms and phrases, when used in this division, shall have the meanings The following words, terms and phrases, when used in this division, shall have the meanings 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: ascribed to them in this section, except where the context clearly indicates a different meaning: 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 exclusivelmeans a building on a lot, designed exclusivelmeans a building on a lot, designed exclusively as a residence for y as a residence for y as a residence for three or more families. Cross reference(s) three or more families. Cross reference(s) three or more families. Cross reference(s) – – – Definitions generally, § 1Definitions generally, § 1Definitions generally, § 1---2.2.2. TTTTTTT b.Dwelling, townhouse means a residence for one family that is attached to at least two means a residence for one family that is attached to at least two 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 uniother residences, each with a private outside entrance and with no one uniother 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)portion thereof directly above or below the other units. Cross reference(s)portion thereof directly above or below the other units. Cross reference(s)— Definitions generally, § 1-2. 2. 2. c. Dwelling, apartment means a building on a lot with sidemeans a building on a lot with sidemeans a building on a lot with side---bybyby---side or stacked dwelling side or stacked dwelling side or stacked dwelling FFFFFFF units that typically share a common entrance. units that typically share a common entrance. units that typically share a common entrance. Secs. 44-163.Standards for all Rrds for all Rrds for all R---3 subdistricts.3 subdistricts.3 subdistricts. (1)The minimum habitable floor area for each dwelling shall be at least: The minimum habitable floor area for each dwelling shall be at least: The minimum habitable floor area for each dwelling shall be at least: a.580 square feet per studio or one580 square feet per studio or one580 square feet per studio or one---bedroom unit; bedroom unit; bedroom unit; b.740 square feet per two740 square feet per two740 square feet per two---bedroom unit; bedroom unit; bedroom unit; AAAAAAA c. 860 square feet per three860 square feet per three860 square feet per three---bedroom unit; bedroom unit; bedroom unit; d.1,040 square feet per four1,040 square feet per four1,040 square feet per four---bedroom unit. bedroom unit. bedroom unit. e.The minimum habitable floor area for "independent" senior housing shall follow the The minimum habitable floor area for "independent" senior housing shall follow the The minimum habitable floor area for "independent" senior housing shall follow the above roomabove roomabove room---size requirements. size requirements. size requirements. f.f.f.The minimum habitable floor area for "assistedThe minimum habitable floor area for "assistedThe minimum habitable floor area for "assisted-living" and "memory-care" senior housing shall not behousing shall not behousing shall not beless than that required by the Minnesota Department of Health. less than that required by the Minnesota Department of Health. less than that required by the Minnesota Department of Health. RRRRRRR (2)At least 35 percent of the development shall be retained for and devoted to green area; An At least 35 percent of the development shall be retained for and devoted to green area; An 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 adjustment may be allowed as an exception in connection with the administration and adjustment may be allowed as an exception in connection with the administration and application of density credits as identified in Section 44application of density credits as identified in Section 44application of density credits as identified in Section 44-164. a.Where more than one principal use structure is constructed on the same or Where more than one principal use structure is constructed on the same or 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 contiguous lots, yard areas planned for common use by occupants of all dwelling contiguous lots, yard areas planned for common use by occupants of all dwelling units may be counted in computing green area. units may be counted in computing green area. units may be counted in computing green area. (3)All buildings shall be designed and constructed to have consistent architectural treatment on ldings shall be designed and constructed to have consistent architectural treatment on ldings shall be designed and constructed to have consistent architectural treatment on DDDDDDD 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 84 of 223 83 E2 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 directly to that street. Where a series of garages face each other on a private road, the 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 minimum width separating garages shall be 30 feet in order to provide visibility in backing out 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 All trash, recyclable materials, and associated handling equipment must be stored within the 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 principal structure or in a dumpster enclosure, attached or separate from the principal 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 structure, that is constructed of building materials compatible with the principal structure. All 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 ners shall be covered and maintained so as to be inaccessible to insects, vermin or ners 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 eyeanimals and shall be screened so as not to be visible from eyeanimals and shall be screened so as not to be visible from eye---level height. level height. level height. Secs. 44-164.Density. (1)All multiple dwelling structures are subject to minimum area standards and shall not All multiple dwelling structures are subject to minimum area standards and shall not All multiple dwelling structures are subject to minimum area standards and shall not exceed exceed exceed the maximum density permitted by the land use classification in the city's adopted the maximum density permitted by the land use classification in the city's adopted the maximum density permitted by the land use classification in the city's adopted T comprehensive plan. (2)Additional density above the base density in the comprehensive plan may be allowed using a Additional density above the base density in the comprehensive plan may be allowed using a Additional density above the base density in the comprehensive plan may be allowed using a density credit at the city's sole discretion. density credit at the city's sole discretion. density credit at the city's sole discretion. (3)The following credits to density standards shall be allowed as follows: owing credits to density standards shall be allowed as follows: owing credits to density standards shall be allowed as follows: a.Underground parking. The net acreage for calculating density may be increased by Underground parking. The net acreage for calculating density may be increased by 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 300 square feet for each parking space that is provided under the principal structure 300 square feet for each parking space that is provided under the principal structure F or in some other manner underground, which will thereby permit use of the grade or in some other manner underground, which will thereby permit use of the grade 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 level outside the building, or above such underground space, for other building, open level outside the building, or above such underground space, for other building, open yard, or recreation space. yard, or recreation space. yard, or recreation space. b.Green area. The net acreage for calculating density may be increased by 100 square Green area. The net acreage for calculating density may be increased by 100 square 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 t where 25 percent of the entire development is reserved in one area for recreation t 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 play area, or for open land, water or ponding areas, subject to approval by the city play area, or for open land, water or ponding areas, subject to approval by the city A council after consideration by the community design review board. council after consideration by the community design review board. council after consideration by the community design review board. c. Landscaping. The netLandscaping. The netLandscaping. The netacreage for calculating density may be increased by 100 acreage for calculating density may be increased by 100 acreage for calculating density may be increased by 100 square feet for each dwelling unit where one percent of the construction cost, not square feet for each dwelling unit where one percent of the construction cost, not 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 including land cost, is allocated to the planting of trees. This does not apply to the including land cost, is allocated to the planting of trees. This does not apply to the sodding or seeding of green asodding or seeding of green asodding or seeding of green areas. d.d.d.HighHighHigh---rise. The net acreage for calculating density may be increased by 100 square rise. The net acreage for calculating density may be increased by 100 square rise. The net acreage for calculating density may be increased by 100 square R feet for each dwelling unit above three stories. In order to qualify for this credit, all feet for each dwelling unit above three stories. In order to qualify for this credit, all 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 floors must have elevator service. If this credit, when combined with others 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 in subsections (1) through (3) of this section, results in a reduction of yard or parking 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 space area below that otherwise required by reason of the dimensions and number of 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.dwelling units in the structure, this credit shall not be allowed.dwelling units in the structure, this credit shall not be allowed. Secs 44-165—44-180. Reserved.180. Reserved.180. Reserved. D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 85 of 223 84 E2 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 3A multiple dwelling shall have a front yard of not less than 30 feet in depth facing any 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 road or street. This setback shall apply to yards fronting on both streets where the building is located 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 The minimum side and rear yard setback requirements for an The minimum side and rear yard setback requirements for an R-R-R-3A multiple dwelling shall be 3A multiple dwelling shall be 3A multiple dwelling shall be 20 feet. (2)Parking spaces, garages, carports, or like structures shall be set back no less than five feet Parking spaces, garages, carports, or like structures shall be set back no less than five feet 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 rightfrom a side or rear property line and no less than 15 feet from a public street rightfrom a side or rear property line and no less than 15 feet from a public street right---ofofof---way. way. way. Secs. 44-185.Setbacks increased. TT (1)Theminimum front, side and rear yard setbacks for an Rminimum front, side and rear yard setbacks for an Rminimum front, side and rear yard setbacks for an R---3A multiple dwelling shall be 3A multiple dwelling shall be 3A multiple dwelling shall be increased, not to exceed 75 feet, by the most restrictive of the following requirements, where increased, not to exceed 75 feet, by the most restrictive of the following requirements, where 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 doublethe lot abuts a farm residence, residential estate, single dwelling, or doublethe lot abuts a farm residence, residential estate, single dwelling, or doubledwelling zoning district: a.Building height. The building setbacks shall be increased two feet for each one foot Building height. The building setbacks shall be increased two feet for each one foot Building height. The building setbacks shall be increased two feet for each one foot the building exceeds 25 feet in height. the building exceeds 25 feet in height. the building exceeds 25 feet in height. FF b.Exterior wall area. Where an exterior wall faces residentially zoned property, the Exterior wall area. Where an exterior wall faces residentially zoned property, the 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 setback of the wall shall be increased five feet for each 1,000 square feet or part 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. thereof in excess of 2,000 square feet. thereof in excess of 2,000 square feet. (2)A building addition which would encroach into a required setback may be approved by A building addition which would encroach into a required setback may be approved by 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 conditional use permit, if such encroachment would be consistent with surrounding property 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 setbacks and screened in a manner acceptable to the community design review board. At setbacks and screened in a manner acceptable to the community design review board. At AA least 80 percent of the addition shall be screened from abutting residential property. least 80 percent of the addition shall be screened from abutting residential property. 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 The requirements of this section shall not apply where the residentially zoned property is 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. being used or is designated on the city's land use plan for a nonresidential use. being used or is designated on the city's land use plan for a nonresidential use. Secs. 44Secs. 44Secs. 44---186.186.186.Height regulation.Height regulation.Height regulation. No RNo RNo R---3A multiple 3A multiple 3A multiple dwelling shall exceed a height of 35 feet or three stories, unless the city council dwelling shall exceed a height of 35 feet or three stories, unless the city council dwelling shall exceed a height of 35 feet or three stories, unless the city council RR approves a conditional use permit.approves a conditional use permit.approves a conditional use permit. Secs. 44-187.187.187.Two or more structures on one site.Two or more structures on one site.Two or more structures on one site. Figure 44-187187187---A illustrates separation requirements for buildings 36 feet in height or less where A illustrates separation requirements for buildings 36 feet in height or less where A illustrates separation requirements for buildings 36 feet in height or less where two or more R-3A multiple3A multiple3A 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 No building shall be closer to another building than twice the vertical height of the No building shall be closer to another building than twice the vertical height of the DD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 86 of 223 85 E2 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 T Secs 44-188—44-190. Reserved. Subdivision III. R-3B Multiple Dwellings Secs. 44-191.Minimum land area. F The minimum land area for any RThe minimum land area for any RThe minimum land area for any R---3B multiple dwelling is at least one acre, and the building lot 3B multiple dwelling is at least one acre, and the building lot 3B multiple dwelling is at least one acre, and the building lot shall have a width of not less than 150 feet. shall have a width of not less than 150 feet. shall have a width of not less than 150 feet. Secs. 44-192.Building area.Building area.Building area. Building area for any RBuilding area for any RBuilding area for any R---3B multiple dwelling may not cover more than 35 percent of the ground 3B multiple dwelling may not cover more than 35 percent of the ground 3B multiple dwelling may not cover more than 35 percent of the ground area. A Secs. 44-193.Front yard requirements.Front yard requirements.Front yard requirements. The minimum front yard setback for an RThe minimum front yard setback for an RThe minimum front yard setback for an R---3B multiple dwelling shall be 30 feet. This minimum 3B multiple dwelling shall be 30 feet. This minimum 3B multiple dwelling shall be 30 feet. This minimum setback shall be increased according to Section 44setback shall be increased according to Section 44setback shall be increased according to Section 44-185. Secs. 44Secs. 44Secs. 44---194.194.194.Side and rear yard requirements.Side and rear yard requirements.Side and rear yard requirements. (1)The minimum side and rear yard setbacks for an RThe minimum side and rear yard setbacks for an RThe minimum side and rear yard setbacks for an R-3B multiple dwelling shall be 20 feet, R unless the lot abuts a farm residence, residential estate, singleunless the lot abuts a farm residence, residential estate, singleunless 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 zoning district. In such case the minimum setback shall be increased according to Section zoning district. In such case the minimum setback shall be increased according to Section 44-185. 185. 185. (2)Regardless of building height or external wall area, the side and rear yard setbacks shall not Regardless of building height or external wall area, the side and rear yard setbacks shall not Regardless of building height or external wall area, the side and rear yard setbacks shall not be required to be greater than 75 feet. be required to be greater than 75 feet. be required to be greater than 75 feet. (3)Side and rear yard requirements shall be as provided in Section 44Side and rear yard requirements shall be as provided in Section 44Side and rear yard requirements shall be as provided in Section 44-184. D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 87 of 223 86 E2 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 ofthe 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 No building shall be closer to another building than 36 feet, which distance shall 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 height in excess of 36 feet, up to a maximum height in excess of 36 feet, up to a maximum distance of 75 feet of separation measured from grade. Where both building distance of 75 feet of separation measured from grade. Where both building distance of 75 feet of separation measured from grade. Where both building elevations are windowless, this requirement may be reduced by oneelevations are windowless, this requirement may be reduced by oneelevations are windowless, this requirement may be reduced by one---third. Example: third. Example: third. Example: 44-foot-high buildings, B = 40 feet of separation. Refer to dimension B in Figure 44high buildings, B = 40 feet of separation. Refer to dimension B in Figure 44high 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 No building shall be closer to another building than 20 feet, which distance shall 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 increase by one foot for each four feet of height in excess of 36 feet, up to a increase by one foot for each four feet of height in excess of 36 feet, up to a maximum distance of 40 feet of separationmeasured from grade. Example: 44measured from grade. Example: 44measured from grade. Example: 44---footfootfoot- high buildings, C = 22 feet of separation. Refer to dimension C in Figure 44high buildings, C = 22 feet of separation. Refer to dimension C in Figure 44high buildings, C = 22 feet of separation. Refer to dimension C in Figure 44---194194194-A that follows. TT Figure 44-194-A Required Building SeparationA Required Building SeparationA Required Building Separation FF AA RR Secs 44Secs 44Secs 44---197197197———444444---220. Reserved.220. Reserved.220. Reserved. Subdivision IV.Subdivision IV.Subdivision IV. R- R- R-3C Townhouses3C Townhouses3C Townhouses Secs. 44-201.201.201.FrontFrontFrontyard requirements.yard requirements.yard requirements. Front yard requirements for RFront yard requirements for RFront 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 street, except that these shall refer to the total site development requirements, and each dwelling street, except that these shall refer to the total site development requirements, and each dwelling DD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 88 of 223 87 E2 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 3C multiple dwellings shall be as 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 3C multiple dwelling shall exceed a height of 35 feet or three stories, unless the city council 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. T Division 10.NC NEIGHBORHOOD COMMERCIAL DISTRICT NC NEIGHBORHOOD COMMERCIAL DISTRICT 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 C neighborhood commercial district is to preserve land for the use of C neighborhood commercial district is to preserve land for the use of F businesses that are compatible with adjacent residential land uses. Uses are limited to offices and businesses that are compatible with adjacent residential land uses. Uses are limited to offices and businesses that are compatible with adjacent residential land uses. Uses are limited to offices and smaller retail uses that cater to convenience shopping. Pedestriansmaller retail uses that cater to convenience shopping. Pedestriansmaller retail uses that cater to convenience shopping. Pedestrianand bicycle access are to be and bicycle access are to be and bicycle access are to be emphasized. Secs. 44-212.Building design.Building design.Building design. Buildings in an NC neighborhood commercial district shall be designed to be compatible with Buildings in an NC neighborhood commercial district shall be designed to be compatible with Buildings in an NC neighborhood commercial district shall be designed to be compatible with A their surrounding land uses. If more than one use is on a site, they shall be planned and organized their surrounding land uses. If more than one use is on a site, they shall be planned and organized 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. a unit. Pedestrians should be able to walk between stores without crossing vehicular traffic lanes. 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 There shall be no exterior storage, other than a trash receptacle which shall be screened as required There shall be no exterior storage, other than a trash receptacle which shall be screened as required by Section 44by Section 44by Section 44---19.19.19. Secs. 44Secs. 44Secs. 44---213.213.213.Lot coverage.Lot coverage.Lot coverage. R For an NFor an NFor an N---C neighborhood commercial district, at least 15 percent of the site shall be landscaped. C neighborhood commercial district, at least 15 percent of the site shall be landscaped. C neighborhood commercial district, at least 15 percent of the site shall be landscaped. Secs. 44Secs. 44Secs. 44-214214214———444444---220. Reserved.220. Reserved.220. Reserved. Division 11.CO COMMERCIAL OFFICE DISTRICT CO COMMERCIAL OFFICE DISTRICT CO COMMERCIAL OFFICE DISTRICT Secs. 44-221.Purpose and intent.Purpose and intent.Purpose and intent. (1)The CO commercial office district is established primarily to provide areas for the The CO commercial office district is established primarily to provide areas for the The CO commercial office district is established primarily to provide areas for the D developmentof 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 89 of 223 88 E2 (2)This district is intended to be located primarilyon 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 The BC business commercial district is established to provide an environment of retail sales and 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 commercial services that are larger in scale than allowed in the NC District and to allow a broader 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 DistrictLBC Limited Business Commercial DistrictLBC Limited Business Commercial District T Secs. 44-241.Purpose and intent. The LBC limited business commercial district is intended to provide lower intensity commercial The LBC limited business commercial district is intended to provide lower intensity commercial 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 areas focused on offices, medical clinics, and day care centers that support the surrounding areas focused on offices, medical clinics, and day care centers that support the surrounding commercial districts and residential neighborhoods.commercial districts and residential neighborhoods.commercial districts and residential neighborhoods. F Secs. 44-242—44-250. Reserved Subdivision III.BC(M) Commercial District (Modified)BC(M) Commercial District (Modified)BC(M) Commercial District (Modified) Secs. 44-251.Purpose and intent.Purpose and intent.Purpose and intent. The BC(M) business commercial district (modified) is intended to provide for the orderly The BC(M) business commercial district (modified) is intended to provide for the orderly 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. transition between more intensive commercial uses and low or medium density residential areas. transition between more intensive commercial uses and low or medium density residential areas. A Restrictions on, but not limited to, building height, setbacks, orientation, parking lot location, or Restrictions on, but not limited to, building height, setbacks, orientation, parking lot location, or Restrictions on, but not limited to, building height, setbacks, orientation, parking lot location, or location ofbuilding entrances may be required to ensure compatibility with abutting residential uses. building entrances may be required to ensure compatibility with abutting residential uses. building entrances may be required to ensure compatibility with abutting residential uses. Secs 44-252252252———444444---260. Reserved.260. Reserved.260. Reserved. Division 13.Division 13.Division 13.SC SHOPPING CENTER DISTRICT SC SHOPPING CENTER DISTRICT SC SHOPPING CENTER DISTRICT Secs. 44Secs. 44Secs. 44---261.261.261.Purpose and intent. Purpose and intent. Purpose and intent. R The SC shopping center district is intended to provide for retail and service centers which deal The SC shopping center district is intended to provide for retail and service centers which deal 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 directly with the customer for whom the goods or services are furnished. The uses allowed in this 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 district are to provide goods and services on a community market scale and located in areas which district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterialare well served by collector or arterialare well served by collector or arterialstreet facilities. Secs. 44-262—44-270. Reserved.270. Reserved.270. Reserved. D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 90 of 223 89 E2 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 2 Heavy Manufacturing district is intended primarily for manufacturing, assembling and 2 Heavy Manufacturing district is intended primarily for manufacturing, assembling and fabrication activities, including large scale or specialized industrial operations whose external effects fabrication activities, including large scale or specialized industrial operations whose external effects fabrication activities, including large scale or specialized industrial operations whose external effects may be felt in surrounding districts. The M-2 district is intended2 district is intended2 district is intendedto permit the manufacturing, to permit the manufacturing, to permit the manufacturing, processing and compounding of semifinished products from raw material and prepared material.processing and compounding of semifinished products from raw material and prepared material.processing and compounding of semifinished products from raw material and prepared material. Secs. 44-282.Minimum distances for building and use from residential district.Minimum distances for building and use from residential district.Minimum distances for building and use from residential district. T In the M-2 heavy manufacturing district, no building or exterior use, except parking, may be 2 heavy manufacturing district, no building or exterior use, except parking, may be 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. erected, altered or conducted within 350 feet of a residential district without a conditional use permit. erected, altered or conducted within 350 feet of a residential district without a conditional use permit. Secs. 44-283—44-290. Reserved. F Division 16.MU MIXED-USE DISTRICT USE DISTRICT USE DISTRICT Secs. 44-291. Purpose and intent.urpose and intent.urpose and intent. The purpose of the mixedThe purpose of the mixedThe purpose of the mixed---use zoning district is to provide areas in the City of Maplewood with a use zoning district is to provide areas in the City of Maplewood with a 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 highmixture of land uses, made mutually compatible through land use controls and highmixture of land uses, made mutually compatible through land use controls and high-quality design standards. With this district, the City of standards. With this district, the City of standards. With this district, the City of Maplewood intends to promote the redevelopment or Maplewood intends to promote the redevelopment or Maplewood intends to promote the redevelopment or development of an area into a mixeddevelopment of an area into a mixeddevelopment of an area into a mixed---use neighborhood with compact, pedestrianuse neighborhood with compact, pedestrianuse neighborhood with compact, pedestrian-oriented A commercial and residential land uses. The intent of the mixedcommercial and residential land uses. The intent of the mixedcommercial and residential land uses. The intent of the mixed-use zoning district is to enhance viability within an areviability within an areviability within an area and foster more employment and residential opportunities. The placement a and foster more employment and residential opportunities. The placement a and foster more employment and residential opportunities. The placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential elements in creating the pedestrianelements in creating the pedestrianelements in creating the pedestrian---friendly and livable environment envisioned by the cfriendly and livable environment envisioned by the cfriendly and livable environment envisioned by the city in a mixed-use area. To ensure these elements are achieved, design standards are included in the use area. To ensure these elements are achieved, design standards are included in the use area. To ensure these elements are achieved, design standards are included in the district. district. district. R Secs. 44Secs. 44Secs. 44---292.292.292.Planned Unit Development.Planned Unit Development.Planned Unit Development. Planned Unit Developments (PUDs), as provided in Section 44Planned Unit Developments (PUDs), as provided in Section 44Planned Unit Developments (PUDs), as provided in Section 44-321 through 44-322 are not permitted in the MU district. permitted in the MU district. permitted in the MU district. Secs. 44-293.Dimensional standards.Dimensional standards.Dimensional standards. (1)Within the mixedWithin the mixedWithin the mixed-use zoning district, all setbacks shall be measured from the outlying D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 91 of 223 90 E2 Lot Size Structure Setbacks Per (feet) Unit (square Height Usefeet)(feet)FrontSideRear Principal Use 1222222 Single-unit dwelling 7,2603520 to 25555151515 1222222 Double dwelling n/a3520 to 2520 to 2520 to 25555151515 (duplex)/townhouse dwelling 1333333 Apartment dwellingn/a350 to 200 to 200 to 20000000 333333 Residential and commercial n/an/a0 to 100 to 100 to 10000000 mixed use building 333333 Non-residential, including n/an/an/an/a0 to 100 to 100 to 10000000 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT structured parking Accessory UseAccessory Use Accessory building accessed n/an/an/aPer Per Per n/an/an/a5550 to 6 from alley Section Section Section 444444---322322322 FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Accessory building not n/an/an/aPer Per Per 20 to 2520 to 2520 to 2555 accessed from alley Section Section Section 444444---322322322 1 No singleNo singleNo single---unit dwelling, double dwelling (duplex), townhouse dwelling or apartment unit dwelling, double dwelling (duplex), townhouse dwelling or apartment unit dwelling, double dwelling (duplex), townhouse dwelling or apartment AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA dwelling building shall exceed a height of 35 feet, or three stories, unless the city dwelling building shall exceed a height of 35 feet, or three stories, unless the city dwelling building shall exceed a height of 35 feet, or three stories, unless the city council approves a conditional use permit. council approves a conditional use permit. council approves a conditional use permit. 2 2 2 When a mixedWhen a mixedWhen a mixed---use zoned singleuse zoned singleuse zoned single-unit dwelling, double-dwelling (duplex), or townhouse dwelling adjoins the F, Rtownhouse dwelling adjoins the F, Rtownhouse 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 greater of the side and rear yard setbacks of the adjacent residential zoning district 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. or a side yard setback of ten feet and a rear yard setback of 20 feet shall apply. or a side yard setback of ten feet and a rear yard setback of 20 feet shall apply. RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR 3 3 3 The zero foot setback is allowed except as otherwise specified in the building code. The zero foot setback is allowed except as otherwise specified in the building code. 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 mixedSide and rear yard setbacks of at least ten feet shall be required when a mixedSide 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 zoned commercial, residential and commercial mixed use building or apartment zoned commercial, residential and commercial mixed use building or apartment dwelling udwelling udwelling use adjoins a mixedse adjoins a mixedse adjoins a mixed-use zoned single unit dwelling, double-dwelling (duplex), or townhouse dwelling use. Side and rear yard setbacks shall be as (duplex), or townhouse dwelling use. Side and rear yard setbacks shall be as (duplex), or townhouse dwelling use. Side and rear yard setbacks shall be as specified in subsection 44specified in subsection 44specified in subsection 44-20(c)(6)b. (additional design standards) when a mixed- use zoned commercial, residential and commercial mixed use building, or use zoned commercial, residential and commercial mixed use building, or use zoned commercial, residential and commercial mixed use building, or DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 92 of 223 91 E2 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 use zoning district unless 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 Surface parking must be located to the rear of a principal building, or an Surface parking must be located to the rear of a principal building, or an interior side yard if parking in the rear is impracticalinterior side yard if parking in the rear is impracticalinterior side yard if parking in the rear is impractical ii.Surface parking must maintain a five-foot setback and a fivefoot setback and a fivefoot setback and a five---foot rear yard foot rear yard foot rear yard setback, unless the surface parking adjoins the F, Rsetback, unless the surface parking adjoins the F, Rsetback, unless the surface parking adjoins the F, R---1, R1, R1, R---1(R), R1(R), R1(R), R---1(S) or R1(S) or R1(S) or R-2 districts, in which case the required setback is 20 feet for both the side yard se the required setback is 20 feet for both the side yard se the required setback is 20 feet for both the side yard and rear yard. T iii.Surface parking must maintain a tenSurface parking must maintain a tenSurface parking must maintain a ten---foot setback to a road when constructed foot setback to a road when constructed foot setback to a road when constructed on the side or rear of a building on a corner lot.on the side or rear of a building on a corner lot.on the side or rear of a building on a corner lot. iv.The city council may approve modifications to the surface parking placement The city council may approve modifications to the surface parking placement 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 standard with a conditional use permit if a building has special needs and site 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, constraints or an increased building setback is also approved. In these cases, constraints or an increased building setback is also approved. In these cases, F there should be good pedestrian connections between the sidewalk and there should be good pedestrian connections between the sidewalk and there should be good pedestrian connections between the sidewalk and buildingentrance, and the area in front of the parking lot should be well entrance, and the area in front of the parking lot should be well entrance, and the area in front of the parking lot should be well landscaped.landscaped.landscaped. Figure 44-295-A: Off Street Parking Locations in the MixedA: Off Street Parking Locations in the MixedA: Off Street Parking Locations in the Mixed-Use Zoning District A R D b.Amount of parking: i.The minimum amount of required parking spaces shall be as specified in Section 44-17 off-street parking. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 93 of 223 92 E2 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 site or immediately in front of the building, then the minimum required number 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 ot to exceed five ot to exceed five parking spaces total. iv.Shared parking. If approved by the community design review board, two or Shared parking. If approved by the community design review board, two or Shared parking. If approved by the community design review board, two or more uses may provide required off-street parking spaces in a common street parking spaces in a common street parking spaces in a common parking facility subject to the following conditions:parking facility subject to the following conditions:parking facility subject to the following conditions: 1.The total number ofparking spaces provided may be less than the sum of parking spaces provided may be less than the sum of parking spaces provided may be less than the sum of the spaces required for each use individually, provided that such uses’ the spaces required for each use individually, provided that such uses’ the spaces required for each use individually, provided that such uses’ peak hours of operation are not during the same hours.peak hours of operation are not during the same hours.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 The proposed shared parking spaces must be within 500 feet of the uses it 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 The shared parking must be established through a recorded legal The shared parking must be established through a recorded legal T instrument, approved by the City Attorney and filed with the Community instrument, approved by the City Attorney and filed with the Community instrument, approved by the City Attorney and filed with the Community Development Department.Development Department.Development Department. v.In addition to the aboveIn addition to the aboveIn addition to the above---referenced allowances for parking reduction, the city referenced allowances for parking reduction, the city referenced allowances for parking reduction, the city council may authorize other reduced offmay authorize other reduced offmay authorize other reduced off---street parking requests through a street parking requests through a street parking requests through a waiver. The reduction must be based on proven parking data for a specific waiver. The reduction must be based on proven parking data for a specific waiver. The reduction must be based on proven parking data for a specific F development.development.development. c. Parking space size: Parking space size: Parking space size: i.90-degree parking: 9 feet × 18 feetdegree parking: 9 feet × 18 feetdegree parking: 9 feet × 18 feet ii.45-degree parking: 8.5 feet × 18 feetdegree parking: 8.5 feet × 18 feetdegree parking: 8.5 feet × 18 feet Secs. 44-296.Design Design Design standards.standards.standards. A (1)Application. Application. Application. a.a.a.Section 44Section 44Section 44---20 (additional design standards) of the City Code applies to the mixed20 (additional design standards) of the City Code applies to the mixed20 (additional design standards) of the City Code applies to the mixed- use zoning district unless specified differently below.use zoning district unless specified differently below.use zoning district unless specified differently below. b.b.b.MixedMixedMixed---use building and development remodeling/additions/alterations. use building and development remodeling/additions/alterations. use building and development remodeling/additions /alterations. Remodeling, additions oradditions oradditions orother alterations to mixedother alterations to mixedother alterations to mixed-use buildings and development (buildings and R developments previously approved and built with mixeddevelopments previously approved and built with mixeddevelopments previously approved and built with mixed-use design standards) shall be done in a manner that is compatible with the original building or development. be done in a manner that is compatible with the original building or development. be done in a manner that is compatible with the original building or development. Original materials Original materials Original materials shall be retained and preserved to the extent possible. c. c. c. Nonconforming buildings and developments. Nonconforming buildings and developments. Nonconforming buildings and developments. i.i.i.Additions to nonconforming buildings or developments (buildings or Additions to nonconforming buildings or developments (buildings or Additions to nonconforming buildings or developments (buildings or developments built before mixed-use design standards) must be constructed D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 94 of 223 93 E2 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 Porches, steps, pent roofs, roof overhangs and hooded front doors or similar Porches, steps, pent roofs, roof overhangs and hooded front doors or similar architectural elements shall be used to define all primary residential entrances. architectural elements shall be used to define all primary residential entrances. architectural elements shall be used to define all primary residential entrances. b.Decks shall be prohibited on all primary residential entrances. Decks shall be prohibited on all primary residential entrances. 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 Front porches must have a minimum depth of six feet clear. Porches may extend six 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 dwelling (duplex), and townhouse dwelling (duplex), and townhouse dwellings. a.Attached garagesmust not be located in front of the primary façade and must have must not be located in front of the primary façade and must have 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 architectural elements to minimize the impact of the garage door or be recessed 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 from the primary front façade (not including porches, bay windows or other minor from the primary front façade (not including porches, bay windows or other minor T projections) by a minimum of eight feet. projections) by a minimum of eight feet. projections) by a minimum of eight feet. b.Attached or detached garages which are placed in the rear yard must be accessed Attached or detached garages which are placed in the rear yard must be accessed Attached or detached garages which are placed in the rear yard must be accessed by either an alley or a side-yard driveway. yard driveway. yard driveway. (4)Non-residential or mixed-use buildings.use buildings.use buildings. a.Pedestrian access.Each ground floor space with road frontage shall have its Each ground floor space with road frontage shall have its Each ground floor space with road frontage shall have its F primary entrance on the front façade. Additional entrances mprimary entrance on the front façade. Additional entrances mprimary entrance on the front façade. Additional entrances may be provided off of a parking area or an access corridor. parking area or an access corridor. parking area or an access corridor. b.Exterior building materials.Exterior building materials.Exterior building materials. i.ExteriorExteriorExterior---building materials shall be classified primary, secondary or accent building materials shall be classified primary, secondary or accent building materials shall be classified primary, secondary or accent material. material. material. A 1.1.1.Primary materials shall cover at least 60 percent of all façades of a Primary materials shall cover at least 60 percent of all façades of a Primary materials shall cover at least 60 percent of all façades of a buildinbuildinbuilding. g. g. 2.2.2.Secondary materials may cover no more than 30 percent of all Secondary materials may cover no more than 30 percent of all Secondary materials may cover no more than 30 percent of all façades of a building. façades of a building. façades of a building. 3.3.3.Accent materials may include door and window frames, lintels, Accent materials may include door and window frames, lintels, Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more than ten cornices and other minor elements, and may cover no more than ten cornices and other minor elements, and may cover no more than ten R percent of all façades of a building. percent of all façades of a building. percent of all façades of a building. ii.ii.ii.Allowable materials are as follows: Allowable materials are as follows: Allowable materials are as follows: 1.1.1.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 D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 95 of 223 94 E2 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 The first floor shall be designed with a minimum ceiling 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 story buildings taller than 18 feet in height shall be story buildings taller than 18 feet in height shall be architecturally detailed to simulate a two-story appearance. story appearance. story appearance. iii.Articulation. Any exterior building wall adjacent to or visible from a public Any exterior building wall adjacent to or visible from a public 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 way or public open space may not exceed 40 feet in width. New 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 buildings of more than 40 feet in width are allowed if the building wall is buildings of more than 40 feet in width are allowed if the building wall is divided into smaller increments, between 20 adivided into smaller increments, between 20 adivided into smaller increments, between 20 and 40 feet in width, through nd 40 feet in width, through nd 40 feet in width, through articulation of the façade. Articulation of the façade can be achieved through articulation of the façade. Articulation of the façade can be achieved through articulation of the façade. Articulation of the façade can be achieved through combinations of the following techniques and others that may meet the combinations of the following techniques and others that may meet the combinations of the following techniques and others that may meet the T objective: 1.Façade modulationFaçade modulationFaçade modulation - - - stepping back or extending forward a portion ostepping back or extending forward a portion ostepping back or extending forward a portion of the façade. 2.Vertical divisionsVertical divisionsVertical divisions - - - using different textures or materials (although using different textures or materials (although using different textures or materials (although materials should be drawn from a common palette). materials should be drawn from a common palette). materials should be drawn from a common palette). F 3.Division into storefronts, with separate display windows and Division into storefronts, with separate display windows and Division into storefronts, with separate display windows and entrances. entrances. entrances. 4.4.4.Variation in rooflines by alternating dormers, stepped roofs, gables, or Variation in rooflines by alternating dormers, stepped roofs, gables, or Variation in rooflines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. other roof elements to reinforce the modulation or articulation interval. other roof elements to reinforce the modulation or articulation interval. 5.5.5.Arcades, awnings, window bays, arched windows and balconies. Arcades, awnings, window bays, arched windows and balconies. Arcades, awnings, window bays, arched windows and balconies. A iv.iv.iv.Windows.Windows.Windows.Buildings containing office and retail uses shall maintain 40 Buildings containing office and retail uses shall maintain 40 Buildings containing office and retail uses shall maintain 40 percent minimum window percent minimum window percent minimum window coverage on the first floor that faces a road or coverage on the first floor that faces a road or coverage on the first floor that faces a road or public open space. public open space. public open space. d.d.d.Storage/service/loading.Storage/service/loading.Storage/service/loading.If an outdoor storage, service or loading area is visible from If an outdoor storage, service or loading area is visible from 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 adjacent residential uses, or a road or walkway; it shall be screened by a decorative 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 fence, wall or screen of plant material at least six feet in height. Fences and walls fence, wall or screen of plant material at least six feet in height. Fences and walls R shall be architecturally compatible with the primary structure. shall be architecturally compatible with the primary structure. shall be architecturally compatible with the primary structure. (5)Awnings.Awnings.Awnings. a.a.a.Awnings must be properly maintained, and if in poor repair must be repaired or Awnings must be properly maintained, and if in poor repair must be repaired or Awnings must be properly maintained, and if in poor repair must be repaired or replaced in a timely manner. replaced in a timely manner. replaced in a timely manner. b.Awnings may extend up to five feet over the public rightAwnings may extend up to five feet over the public rightAwnings may extend up to five feet over the public right-of-way, where approved by D 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). December 11, 2023 City Council Meeting Minutes Council Packet Page Number 96 of 223 95 E2 (6)Fences.Fences over four feet in height are prohibited in all front yards, except as required forstorage/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 guidelines and result in an attractive, cohesive development design as intended by this 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 Appeals to the approved design conditions for a building or development are 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 mixed19 (landscaping and screening) of the City Code applies in the mixed19 (landscaping and screening) of the City Code applies in the mixed---use zoning use zoning use zoning district unless specified differently below: a.Over story trees are required at regular intervals along the road to help define the Over story trees are required at regular intervals along the road to help define the 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 road edge, to buffer pedestrians from vehicles and to provide shade. The over story 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 trees shall be located in a planting strip at least five feet wide between curb and 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.sidewalk, or in a planting structure of design acceptable to the city.sidewalk, or in a planting structure of design acceptable to the city. T b.All areas of land not occupied by buildings, parking, driveways, sidewalks or other All areas of land not occupied by buildings, parking, driveways, sidewalks or other 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 hard surface shall be sodded or mulched and landscaped with approved ground hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery, and trees.cover, flowers, shrubbery, and trees.cover, flowers, shrubbery, and trees. c. Hard -surfaced areas, including sidewalks and patios, must include amenities such as surfaced areas, including sidewalks and patios, must include amenities such as surfaced areas, including sidewalks and patios, must include amenities such as benches, planters, and bike racks.benches, planters, and bike racks.benches, planters, and bike racks. F d.Perimeter landscape or pedestrian walls are required for all parking lots and shall be Perimeter landscape or pedestrian walls are required for all parking lots and shall be 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 established along the road and edges of the parking lot. The landscape treatment or 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 pedestrian wall shall run the full length of the parking lot and be located between the 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:property line and the edge of the parking lot as follows:property line and the edge of the parking lot as follows: i.The primary plant materials used in perimeter parking lot landscaping adjacent The primary plant materials used in perimeter parking lot landscaping adjacent The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hethe road shall be over story trees. Ornamental trees, shrubs, hethe 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 plant materials may be used to supplement the over story trees, but shall not plant materials may be used to supplement the over story trees, but shall not A be the sole contribution to such landscaping.be the sole contribution to such landscaping.be the sole contribution to such landscaping. ii.ii.ii.Perimeter parking lot landscaping along the rear and sides of a parking lot (not Perimeter parking lot landscaping along the rear and sides of a parking lot (not 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 adjacent the road) shall be planted with a minimum of 50 percent ground 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 cover approved by the city to achieve complete cover within two years. Mulch 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.may only be used around the base of the plant material to retain moisture.may only be used around the base of the plant material to retain moisture. iii.iii.iii.In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall R along the perimeter of the parking lot may be constructed. The pedestrian wall along the perimeter of the parking lot may be constructed. The 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 is limited to four feet in height, must be at least 80 percent opaque and must 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.be architecturally compatible to the principal building or development.be architecturally compatible to the principal building or development. e.For parking lots consisting of 20 or more spaces, interior landscape islands are For parking lots consisting of 20 or more spaces, interior landscape islands are 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 required. Interior landscape islands shall be at a rate of one landscape island for 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 every ten parking spaces. Landscaping areas located along the perimeter of a parking 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 D 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: December 11, 2023 City Council Meeting Minutes Council Packet Page Number 97 of 223 96 E2 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 All outdoor lighting shall be of a design and size compatible with the building and as specified in 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. 20, except that light pole height maximum is limited to 16 feet. 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 The purpose of the NE North End District is to enable expansion of the north end area's role as a 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, local and regional economic activity center for purposes of obtaining goods and services, wellness, local and regional economic activity center for purposes of obtaining goods and services, wellness, T work, recreation, socialization, learning, and living. Thework, recreation, socialization, learning, and living. Thework, recreation, socialization, learning, and living. Thezoning district accommodates and regulates: zoning district accommodates and regulates: zoning district accommodates and regulates: a.New development and redevelopment site opportunities appropriate for an evolving New development and redevelopment site opportunities appropriate for an evolving New development and redevelopment site opportunities appropriate for an evolving transit-oriented environment to support planned transit improvements and oriented environment to support planned transit improvements and oriented environment to support planned transit improvements and investments within the north end area; investments within the north end area; investments within the north end area; b.Development of asignificantly expanded and connected transportation network within significantly expanded and connected transportation network within significantly expanded and connected transportation network within F the north end area, including adding streets to create a smaller street grid and smaller the north end area, including adding streets to create a smaller street grid and smaller 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, blocks, expanding the pedestrian/bicycle network (sidewalks, trails, bike facilities, blocks, expanding the pedestrian/bicycle network (sidewalks, trails, bike facilities, pedestrian-friendly street crossings), and enabling convenient multiiendly street crossings), and enabling convenient multiiendly street crossings), and enabling convenient multi-modal travel; c. New and improved public green spaces (neighborhood parks, pocket parks, and New and improved public green spaces (neighborhood parks, pocket parks, and New and improved public green spaces (neighborhood parks, pocket parks, and greenways), usable private open spaces, and an improved tree canopy along streets; greenways), usable private open spaces, and an improved tree canopy along streets; greenways), usable private open spaces, and an improved tree canopy along streets; d.A broad mix of integratedA broad mix of integratedA broad mix of integratedland uses, including commercial (retail, services, land uses, including commercial (retail, services, land uses, including commercial (retail, services, A restaurants, and entertainment), medical and related office, residential, and lodging; restaurants, and entertainment), medical and related office, residential, and lodging; restaurants, and entertainment), medical and related office, residential, and lodging; e.Management of overall parking needs for future development types and the future Management of overall parking needs for future development types and the future Management of overall parking needs for future development types and the future enhanced transportation facilities, enhanced transportation facilities, enhanced transportation facilities, including the reduction of surface parking lots, including the reduction of surface parking lots, including the reduction of surface parking lots, increase of onincrease of onincrease of on---street parking, and addition of structured parking in conjunction with street parking, and addition of structured parking in conjunction with street parking, and addition of structured parking in conjunction with development. development. development. f.f.f.All new development and redevelopment that meets the guidance and vision All new development and redevelopment that meets the guidance and vision All new development and redevelopment that meets the guidance and vision established within the comprehensive plan and North End Vision Plan.established within the comprehensive plan and North End Vision Plan.established within the comprehensive plan and North End Vision Plan. R Secs. 44Secs. 44Secs. 44---302.302.302.Definitions.Definitions.Definitions. The following words, terms and phrases, when used in this division, shall have the meanings The following words, terms and phrases, when used in this division, shall have the meanings 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: ascribed to them in this section, except where the context clearly indicates a different meaning: ascribed to them in this section, except where the context clearly indicates a different meaning: a.Block Block Block means an area of land surrounded on all sides by streets or other transportation means an area of land surrounded on all sides by streets or other transportation means an area of land surrounded on all sides by streets or other transportation or utility rightsor utility rightsor utility rights-of-way, or by physical barriers such as bodies of water or public open D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 98 of 223 97 E2 c. Street frontage means the building and yard area facing and directly adjacent to a means the building and yard area facing and directly adjacent to a means the building and yard area facing and directly adjacent to a TT street right-of-way line. d.Street frontage coverage (lot line coverage)Street frontage coverage (lot line coverage)Street frontage coverage (lot line coverage)means the calculation of the width of a means the calculation of the width of a means the calculation of the width of a building within the build-to zone divided by the lot width minus the minimum side yard to zone divided by the lot width minus the minimum side yard to zone divided by the lot width minus the minimum side yard setbacks. Figure 44-302-B: Street Frontage CoverageB: Street Frontage CoverageB: Street Frontage Coverage FF AA RR Secs. 44-303.Applicability.Applicability.Applicability. (1)These regulations shall apply to all subdivision, new development, and redevelopment of These regulations shall apply to all subdivision, new development, and redevelopment of 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 land located in the NE North End District on the city's zoning map as regulated by Section land located in the NE North End District on the city's zoning map as regulated by Section DD 44-10. (2)Regulating plans. a.The NE North End District shall be implemented through regulating plans: i.North End District Street Networkand Types. ii.North End District Open Space Network and Types. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 99 of 223 98 E2 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 TypesA: Regulating Plan: North End District Street Network and TypesA: Regulating Plan: North End District Street Network and Types TT FF AA c. The North End District Open Space Network and Types regulating plan establishes The North End District Open Space Network and Types regulating plan establishes 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 the district's future parks and open space network, showing general locations of future 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 park and open space needs. The North End District Open Space Network and Types park and open space needs. The North End District Open Space Network and Types Regulating Plan is shown in Figure 44Regulating Plan is shown in Figure 44Regulating Plan is shown in Figure 44-303-B. Figure 44Figure 44Figure 44---303303303---B: Regulating Plan: North End District Open Space Network and TypesB: Regulating Plan: North End District Open Space Network and TypesB: Regulating Plan: North End District Open Space Network and Types RR DD December 11, 2023 City Council Meeting Minutes Council Packet Page Number 100 of 223 99 E2 TT (3)Street types. As shown on the North End District Street Network and Types regulating plan Street types. As shown on the North End District Street Network and Types regulating plan Street types. As shown on the North End District Street Network and Types regulating plan FF (figure 44-303-A): Four street types are established for the north end district. These types are A): Four street types are established for the north end district. These types are 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.applicable to existing streets and will be applied to future streets.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 has not been determined; the regulating plan shows the general location of future streets and has not been determined; the regulating plan shows the general location of future streets and extensions. a.Minor arterials/major collectors Minor arterials/major collectors Minor arterials/major collectors - - - public roadways. public roadways. public roadways. i.Beam Avenue (County Road 20). Beam Avenue (County Road 20). Beam Avenue (County Road 20). AA ii.White Bear Avenue (County Road 65). White Bear Avenue (County Road 65). White Bear Avenue (County Road 65). iii.iii.iii.County Road D. County Road D. County Road D. b.Local connectors Local connectors Local connectors - - - public roadways. public roadways. public roadways. i.i.i.Kennard Street. Kennard Street. Kennard Street. ii.ii.ii.Southlawn Drive. Southlawn Drive. Southlawn Drive. iii.iii.iii.Legacy Parkway (extension). Legacy Parkway (extension). Legacy Parkway (extension). RR c. c. c. Neighborhood main streets Neighborhood main streets Neighborhood main streets - public roadways. i.i.i.St. John's Boulevard (extension from Kennard Street to White Bear Avenue). St. John's Boulevard (extension from Kennard Street to White Bear Avenue). St. John's Boulevard (extension from Kennard Street to White Bear Avenue). ii.ii.ii.Future northFuture northFuture north-south through street along west side of Maplewood Mall from Beam Ave to County Road D, as shown on the regulating plan. Beam Ave to County Road D, as shown on the regulating plan. Beam Ave to County Road D, as shown on the regulating plan. iii.iii.iii.Future northFuture northFuture north-south through street along east side of Maplewood Mall from Beam Ave to County Road D, as shown on the regulating plan. Beam Ave to County Road D, as shown on the regulating plan. Beam Ave to County Road D, as shown on the regulating plan. d.Neighborhood internal streets hborhood internal streets hborhood internal streets - public or private roadways. Future streets, examples DD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 101 of 223 100 E2 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 rights306 shall apply to all public rights306 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 306 shall apply to all future public 306 shall apply to all future public and private open spaces in the NE north end district based on the specific open space types. and private open spaces in the NE north end district based on the specific open space types. 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 This division is designed, wherever possible, to act as a standalone set of standards and 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 procedures for development in the NE north end district. References to other applicable 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 standards and administrative procedures in the Maplewood City Code are provided as standards and administrative procedures in the Maplewood City Code are provided as needed. T (2)The standards and administrative procedures in this division shall apply in lieu of other The standards and administrative procedures in this division shall apply in lieu of other 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 provisions in this chapter, except where specifically stated otherwise in this division, and 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 12 nonconformities of the Zoning Code shall be fully applicable 12 nonconformities of the Zoning Code shall be fully applicable to all structures and uses within the north end district. to all structures and uses within the north end district. to all structures and uses within the north end district. (4)The standards in this division shall apply to new development, redevelopment, and building The standards in this division shall apply to new development, redevelopment, and building The standards in this division shall apply to new development, redevelopment, and building F expansions greater than 50 percent of the floor area of an existing building. A property owner expansions greater than 50 percent of the floor area of an existing building. A property owner 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 or developer may expand an existing building or parking lot as long as the development does 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 not conflict with the districts' future street network as identified in the North End District Street not conflict with the districts' future street network as identified in the North End District Street Network and Types regulating plan (figure 44work and Types regulating plan (figure 44work and Types regulating plan (figure 44---303303303---A) and meets the standards in Sections A) and meets the standards in Sections 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 Along with the standards established in this division, developments in the north end district Along with the standards established in this division, developments in the north end district A are encouraged to utilize the North End Design Guidelines for additional design guidelines. are encouraged to utilize the North End Design Guidelines for additional design guidelines. are encouraged to utilize the North End Design Guidelines for additional design guidelines. (6)Planned unit developments (PUDs), as provided in Sections 44Planned unit developments (PUDs), as provided in Sections 44Planned unit developments (PUDs), as provided in Sections 44-311 through 44-312, Planned Unit Development (PUD), are not permitted within the NE district. Unit Development (PUD), are not permitted within the NE district. Unit Development (PUD), are not permitted within the NE district. Secs. 44Secs. 44Secs. 44---305.305.305.Administration.Administration.Administration. (1)Subdivisions and platting within the NE district are subject to the procedures and application Subdivisions and platting within the NE district are subject to the procedures and application Subdivisions and platting within the NE district are subject to the procedures and application R requirements established in Ch.34 Subdivisions of the Maplewood City Code, with the requirements established in Ch.34 Subdivisions of the Maplewood City Code, with the requirements established in Ch.34 Subdivisions of the Maplewood City Code, with the following provisions and exceptions: following provisions and exceptions: following provisions and exceptions: a.The block, street, and lot requirements of Section 44The block, street, and lot requirements of Section 44The block, street, and lot requirements of Section 44-306, Subdivision standards shall sususupersede any related standards in Section 34persede any related standards in Section 34persede any related standards in Section 34-8, Minimum subdivision design standards. standards. standards. (2)New development and redevelopment are subject to the development design review New development and redevelopment are subject to the development design review New development and redevelopment are subject to the development design review procedure in Sections 2procedure in Sections 2procedure in Sections 2-281 through 2-292, Community Design Review Board of the D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 102 of 223 101 E2 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 New streets shall connect to and continue existing streets from adjoining areas to 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 sacs and dead end streets may only be permitted where intersecting with 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 ials/major collectors and are unable to meet minimum access standards or ials/major collectors and are unable to meet minimum access standards or by approval of the city engineer to accommodate specific site conditions. by approval of the city engineer to accommodate specific site conditions. 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 The city engineer shall approve the type of street for each subdivision and may 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, way or configuration based on the regulating plan, way or configuration based on the regulating plan, existing context, and area circulation needs. Street design standards are organized by existing context, and area circulation needs. Street design standards are organized by 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 Each block is required to provide an alley or private lane to efficiently accommodate 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 vehicle parking access, service/loading access, refuse pickup, and reduce the vehicle parking access, service/loading access, refuse pickup, and reduce the number of driveways/curb cuts. T (2)Street design general standards. The provisions of this section shall apply to all new streets Street design general standards. The provisions of this section shall apply to all new streets Street design general standards. The provisions of this section shall apply to all new streets as well as streetscape improvements to existing streets. as well as streetscape improvements to existing 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 Sidewalks or shared use trails shall be provided on both sides of all new streets and Sidewalks or shared use trails shall be provided on both sides of all new streets and improved existing streets. Where sufficient public rightimproved existing streets. Where sufficient public rightimproved existing streets. Where sufficient public right---ofofof---way width does not exist, way width does not exist, way width does not exist, and cannot be obtained to accommodate sidewalks or shared use trails on both sides, and cannot be obtained to accommodate sidewalks or shared use trails on both sides, and cannot be obtained to accommodate sidewalks or shared use trails on both sides, F an easement shall be required, an exception may be approved administratively by the an easement shall be required, an exception may be approved administratively by the an easement shall be required, an exception may be approved administratively by the community development director, within a property line adjacent to a rightcommunity development director, within a property line adjacent to a rightcommunity 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 accommodate the minimum width of a sidewalk clear walkway zone or a shared use accommodate the minimum width of a sidewalk clear walkway zone or a shared use trail, as required by the appropriate street type. s required by the appropriate street type. s required by the appropriate street type. b.All sidewalks shall provide a clear walkway zone and a boulevard or street life zone, All sidewalks shall provide a clear walkway zone and a boulevard or street life zone, All sidewalks shall provide a clear walkway zone and a boulevard or street life zone, as shown in figure 44as shown in figure 44as shown in figure 44---306306306---A. A. A. A Figure 44Figure 44Figure 44---306306306---A: Illustration of Sidewalk ZonesA: Illustration of Sidewalk ZonesA: Illustration of Sidewalk Zones R D December 11, 2023 City Council Meeting Minutes Council Packet Page Number 103 of 223 102 E2 TT i.A clear walkway zone shall be a minimum of six feet in width, or wider as A clear walkway zone shall be a minimum of six feet in width, or wider as 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 indicated in the Street Design Standards by Street Type illustrated in figure indicated in the Street Design Standards by Street Type illustrated in figure FF 44-306-A. A clear walkway zone shall consist of a continuous, unobstructed A. A clear walkway zone shall consist of a continuous, unobstructed A. A clear walkway zone shall consist of a continuous, unobstructed and accessible path of travel for pedestrians that must remain clear of and accessible path of travel for pedestrians that must remain clear of and accessible path of travel for pedestrians that must remain clear of obstacles at all times. bstacles at all times. bstacles at all times. ii.A boulevard or street life zone shall be a minimum of four feet in width, with an A boulevard or street life zone shall be a minimum of four feet in width, with an 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 ideal width of five feet or more, as indicated in the Street Design Standards by ideal width of five feet or more, as indicated in the Street Design Standards by street type in figure 44street type in figure 44street type in figure 44---306306306---A. In some locations the boulevard or street life A. In some locations the boulevard or street life A. In some locations the boulevard or street life AA zone may alternate with parking spaces. A boulevard or street life zone zone may alternate with parking spaces. A boulevard or street life zone zone may alternate with parking spaces. A boulevard or street life zone organizes the fixed sidewalk elements along the curb into an area that organizes the fixed sidewalk elements along the curb into an area that organizes the fixed sidewalk elements along the curb into an area that delineates the clear walkway zone from the roadway. This zone consists of delineates the clear walkway zone from the roadway. This zone consists of delineates the clear walkway zone from the roadway. This zone consists of street trees, stormwater planstreet trees, stormwater planstreet trees, stormwater planting areas, and street furniture, such as benches, trash cans, bicycle racks, street lighting and street signage. trash cans, bicycle racks, street lighting and street signage. trash cans, bicycle racks, street lighting and street signage. c. c. c. Shared use trail width shall be a minimum of ten feet. Shared use trail width shall be a minimum of ten feet. Shared use trail width shall be a minimum of ten feet. RR d.d.d.Pavement markings for pedestrian crosswalks shall be provided at all controlled Pavement markings for pedestrian crosswalks shall be provided at all controlled Pavement markings for pedestrian crosswalks shall be provided at all controlled intersections. intersections. intersections. e.Pedestrian crosswalks at uncontrolled intersections and midPedestrian crosswalks at uncontrolled intersections and midPedestrian crosswalks at uncontrolled intersections and mid-block, where required by the city council, shall also have pavement markings. the city council, shall also have pavement markings. the city council, shall also have pavement markings. f.Sidewalk extensions or bumpSidewalk extensions or bumpSidewalk extensions or bump-outs shall be provided at pedestrian crosswalks on streets with parking as a means of traffic calming. streets with parking as a means of traffic calming. 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 street bicycle lanes shall be a minimum of six feet in width and shall be designed street bicycle lanes shall be a minimum of six feet in width and shall be designed DD 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 104 of 223 103 E2 ormay 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 Street design standards by street type. The provisions of this section shall apply to all street 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 Networkand Types (figure 44and Types (figure 44and Types (figure 44---303303303-A); any private neighborhood internal streets shall meet the same minimum design standards as private neighborhood internal streets shall meet the same minimum design standards as private neighborhood internal streets shall meet the same minimum design standards as public neighborhood internal streets. All newly constructed streets and streets undergoing public neighborhood internal streets. All newly constructed streets and streets undergoing public neighborhood internal streets. All newly constructed streets and streets undergoing reconstruction shall meet these minimal standards. If property adjacent to existing streets is reconstruction shall meet these minimal standards. If property adjacent to existing streets is reconstruction shall meet these minimal standards. If property adjacent to existing streets is undergoing development, the city shall at that time acquire any additional rightundergoing development, the city shall at that time acquire any additional rightundergoing development, the city shall at that time acquire any additional right---ofofof---way or way or way or easements needed for future improvements to the streets that comply with these standards. easements needed for future improvements to the streets that comply with these standards. easements needed for future improvements to the streets that comply with these standards. a.Minor arterial and majorcollector streets. As all minor arterial and major collector collector streets. As all minor arterial and major collector collector streets. As all minor arterial and major collector streets within the area are owned by Ramsey County, the city will work with the streets within the area are owned by Ramsey County, the city will work with the 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 Ramsey County on accomplishing guidelines set forth in the North End Design Ramsey County on accomplishing guidelines set forth in the North End Design Guidelines. b.Local connector streets. T i.Local connector street sections. Local connector street sections. Local connector street sections. F A R D December 11, 2023 City Council Meeting Minutes Council Packet Page Number 105 of 223 104 E2 Figure 44-306-B: Cross-Section of Local Connector Streets TTT ii.Description of street elements Description of street elements Description of street elements - - - local connector streets. local connector streets. local connector streets. FFF Table 44-306306306---1: Local Connector Street Design Standards1: Local Connector Street Design Standards1: Local Connector Street Design Standards AAA RRR c. Neighborhood main streets. Neighborhood main streets. Neighborhood main streets. DDD i.Neighborhood main street section. Figure 44-306-C: Cross Section of Neighborhood Main Street December 11, 2023 City Council Meeting Minutes Council Packet Page Number 106 of 223 105 E2 TT FF ii.Description of street elements Description of street elements Description of street elements - - - neighborhood main streets. neighborhood main streets. neighborhood main streets. Table 44Table 44Table 44---306306306---2: Neighborhood Main Street Design Standards2: Neighborhood Main Street Design Standards2: Neighborhood Main Street Design Standards AA RR DD d.Neighborhood internal streets. i. Neighborhood internal street sections. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 107 of 223 106 E2 Figure 44-306-D: Cross-Section of Neighborhood Internal Streets TT FF ii.Description of street elements Description of street elements Description of street elements - - - neighborhood internal streets. neighborhood internal streets. neighborhood internal streets. AA Table 44Table 44Table 44---306306306---3: Neighborhood Internal Street Design Standards3: Neighborhood Internal Street Design Standards3: Neighborhood Internal Street Design Standards RR DD December 11, 2023 City Council Meeting Minutes Council Packet Page Number 108 of 223 107 E2 (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 This public open space requirement supersedes the requirements of ch. 26 This public open space requirement supersedes the requirements of ch. 26 - Parks and Recreation, and the city's park accessibility charge (PAC). Parks and Recreation, and the city's park accessibility charge (PAC). 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 The standards in Table 4 shall apply to all land dedicated and deeded as 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 public open spaces. The property owner or developer shall be responsible for public open spaces. The property owner or developer shall be responsible for making certain improvements to land dedicated, including, but not limited to, making certain improvements to land dedicated, including, but not limited to, making certain improvements to land dedicated, including, but not limited to, finish grading, ground cover, construction of trails and clearly identifying park finish grading, ground cover, construction of trails and clearly identifying park finish grading, ground cover, construction of trails and clearly identifying park and trail boundaries with city-approved markers. arkers. arkers. iii.If a development site's location does not coincide with the North End District If a development site's location does not coincide with the North End District If a development site's location does not coincide with the North End District Open Space Network and Types (Section 44Open Space Network and Types (Section 44Open Space Network and Types (Section 44---303, Figure 44303, Figure 44303, Figure 44---303303303---B), the city B), the city B), the city council, at its discretion, may require a developer to pay to the city cash fees council, at its discretion, may require a developer to pay to the city cash fees 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. in lieu of dedication of land for park, recreational, and open space purposes. 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 The cash contribution in lieu of land dedication must be provided prior to the 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 city releasing the final subdivision. The amount of any cash in lieu contribution 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 shall be equivalent to the average fair market value of the ten percent of land 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, that would otherwise be required to be dedicated. For purposes of this section, 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 "fair market value" means the value of land as determined based on tax "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 valuation or other relevant data, or as set forth in the city's fee schedule. If the 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 applicant disputes the amount of the proposed cash contribution in lieu of 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 land dedication, the applicant, at their own expense, may obtain an appraisal land dedication, the applicant, at their own expense, may obtain an appraisal of the property. The appraisal shall be made by approved members of tof the property. The appraisal shall be made by approved members of tof the property. The appraisal shall be made by approved members of the MAI, or equivalent real estate appraisal societies. If the city disputes such MAI, or equivalent real estate appraisal societies. If the city disputes such 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 appraisal the city may, at the applicant's expense, obtain an appraisal of the 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 property by a qualified real estate appraisal. This appraisal shall be conclusive property by a qualified real estate appraisal. This appraisal shall be conclusive evidence of the fair market value of the land. evidence of the fair market value of the land. evidence of the fair market value of the land. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 109 of 223 108 E2 Table 44-306-4 Public Open Space Standards TT b.Private usable open space. Each development, both residential and nonPrivate usable open space. Each development, both residential and nonPrivate 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. shall provide a minimum of ten percent of the lot area as private usable open space. 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 usable open spaces will not count toward public open space dedication usable open spaces will not count toward public open space dedication FF requirements. Usable open space means designed outdoor space intended for requirements. Usable open space means designed outdoor space intended for requirements. Usable open space means designed outdoor space intended for passive or active recreation that is accessible and suited to the needs of the passive or active recreation that is accessible and suited to the needs of the passive or active recreation that is accessible and suited to the needs of the development's residents and/or emdevelopment's residents and/or emdevelopment's residents and/or employees, and shall generally have the following ployees, and shall generally have the following ployees, and shall generally have the following characteristics: characteristics: characteristics: i.Functional and aesthetic design that relates to the principal building or Functional and aesthetic design that relates to the principal building or Functional and aesthetic design that relates to the principal building or buildings, with clear edges, including seating, landscaping, recreational buildings, with clear edges, including seating, landscaping, recreational buildings, with clear edges, including seating, landscaping, recreational AA facilities, sidewalk connections, and other amenities; facilities, sidewalk connections, and other amenities; facilities, sidewalk connections, and other amenities; ii.ii.ii.May be designed as courtyards, plazas, picnic areas, swimming pools, play May be designed as courtyards, plazas, picnic areas, swimming pools, play May be designed as courtyards, plazas, picnic areas, swimming pools, play areas, rooftop patios/gardens, or trails within natural areas; areas, rooftop patios/gardens, or trails within natural areas; areas, rooftop patios/gardens, or trails within natural areas; iii.iii.iii.Compatible with or expands upon existing pedestrian connections and public Compatible with or expands upon existing pedestrian connections and public Compatible with or expands upon existing pedestrian connections and public parks or open space; parks or open space; parks or open space; iv.iv.iv.May include both private common areas for use by all residents of that May include both private common areas for use by all residents of that May include both private common areas for use by all residents of that RR development, as well as a private unit's open space for exclusive use by that development, as well as a private unit's open space for exclusive use by that development, as well as a private unit's open space for exclusive use by that unit's residents; and unit's residents; and unit's residents; and v.v.v.Does not include driveways, parking areas, steep slopes, or stormwater Does not include driveways, parking areas, steep slopes, or stormwater Does not include driveways, parking areas, steep slopes, or stormwater ponds. ponds. ponds. (5)Lot standards.tandards.tandards. a.Each lot must have a primary frontage along a public or private street, except where Each lot must have a primary frontage along a public or private street, except where 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. parcels shown on the regulating plan front on a public space or greenway. parcels shown on the regulating plan front on a public space or greenway. DD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 110 of 223 109 E2 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 TT b.Setback areas. i.Common setback areas must be treated as a unified, planted landscape buffer Common setback areas must be treated as a unified, planted landscape buffer 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 area that is required to be installed and maintained by the building owner or area that is required to be installed and maintained by the building owner or homeowner's association. homeowner's association. homeowner's association. FF ii.Walls, fences, monument signs, lighting, elevated private outdoor space, stairs Walls, fences, monument signs, lighting, elevated private outdoor space, stairs Walls, fences, monument signs, lighting, elevated private outdoor space, stairs leading to residential entries, guardrails, handrails and other similar building leading to residential entries, guardrails, handrails and other similar building leading to residential entries, guardrails, handrails and other similar building and landscape elements are allowed encroachments within the setback area. and landscape elements are allowed encroachments within the setback area. and landscape elements are allowed encroachments within the setback area. iii.Utilities, transformers and telecommunications equipment shall, to the eUtilities, transformers and telecommunications equipment shall, to the eUtilities, transformers and telecommunications equipment shall, to the extent feasible, not be located in front of a building and shall be architecturally feasible, not be located in front of a building and shall be architecturally feasible, not be located in front of a building and shall be architecturally integrated or screened by landscaping. integrated or screened by landscaping. integrated or screened by landscaping. AA iv.Awnings, canopies, marquees, signs, shading devices, cornices and lighting Awnings, canopies, marquees, signs, shading devices, cornices and lighting Awnings, canopies, marquees, signs, shading devices, cornices and lighting are allowed to encroach into the public rightare allowed to encroach into the public rightare 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. setback area above a minimum height of ten feet from sidewalk grade. setback area above a minimum height of ten feet from sidewalk grade. (2)OffOffOff---street parking and loading standards.street parking and loading standards.street parking and loading standards. a.a.a.OffOffOff---street vehicle parking placement and design. street vehicle parking placement and design. street vehicle parking placement and design. i.i.i.All street types: OffAll street types: OffAll street types: Off-street parking shall not be permitted to be located between the front of the building and the street. the front of the building and the street. the front of the building and the street. RR ii.ii.ii.Neighborhood main street type: OffNeighborhood main street type: OffNeighborhood main street type: Off-street parking also shall not be permitted to be located in the side yard. to be located in the side yard. to be located in the side yard. iii.iii.iii.OffOffOff---street parking spaces for residential uses shall be located in a central street parking spaces for residential uses shall be located in a central street parking spaces for residential uses shall be located in a central location designed to support multiple uses or multiple units. location designed to support multiple uses or multiple units. location designed to support multiple uses or multiple units. iv.Vehicular entrances and exits to parking facilities shall have a maximum linear Vehicular entrances and exits to parking facilities shall have a maximum linear 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 11 feet if accommodating one direction of travel, and maximum linear width of 11 feet if accommodating one direction of travel, and maximum linear DD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 111 of 223 110 E2 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 TTT b.Quantity of off-street vehicle parking spaces. The number of offstreet vehicle parking spaces. The number of offstreet vehicle parking spaces. The number of off-street vehicle parking spaces shall meet the mspaces shall meet the mspaces shall meet the minimum and maximum ratios listed in Table 44inimum and maximum ratios listed in Table 44inimum and maximum ratios listed in Table 44-307-2, Off- FFF Street Vehicle Parking Spaces. Street Vehicle Parking Spaces. Street Vehicle Parking Spaces. Table 44Table 44Table 44---307307307---2: Off2: Off2: Off---Street Vehicle Parking SpacesStreet Vehicle Parking SpacesStreet Vehicle Parking Spaces AAA RRR c. OffOffOff---street bicycle parking. Offstreet bicycle parking. Offstreet bicycle parking. Off-street bicycle parking must be provided for new buildings in the minimum quantities listed in Table 44buildings in the minimum quantities listed in Table 44buildings in the minimum quantities listed in Table 44-307-3, Minimum Bicycle Parking Spaces. Spaces. Spaces. DDD December 11, 2023 City Council Meeting Minutes Council Packet Page Number 112 of 223 111 E2 Table 44-307-3: Minimum Bicycle Parking Spaces d.Shared parking. Shared off-street parking facilities are allowed to collectively provide et parking facilities are allowed to collectively provide et parking facilities are allowed to collectively provide parking in any district for more than one structure or use, subject to the following parking in any district for more than one structure or use, subject to the following 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 The uses must have their highest peak demand for parking at substantially The uses must have their highest peak demand for parking at substantially different times of the dayor week, or an adequate amount of parking shall be or week, or an adequate amount of parking shall be or week, or an adequate amount of parking shall be available for both uses during shared hours of peak demand. A parking plan available for both uses during shared hours of peak demand. A parking plan available for both uses during shared hours of peak demand. A parking plan T shall address the hours, size and mode of operation of the respective uses. shall address the hours, size and mode of operation of the respective uses. 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 The minimum spaces required under a shared parking agreement shall be 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 based on the number of spaces required for the use that requires the most 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 Shared parking facilities shall be protected by an irrevocable covenant running Shared parking facilities shall be protected by an irrevocable covenant running F with the land and recorded with the county in a form approved by the city with the land and recorded with the county in a form approved by the city 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 attorney. A certified copy of the recorded document shall be provided to the 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 zoning administrator within 60 days after approval of the agreement by the city zoning administrator within 60 days after approval of the agreement by the city council. council. council. e.Off-street loading facilities. street loading facilities. street loading facilities. i.Individual offIndividual offIndividual off---street loading spaces shall have a maximumstreet loading spaces shall have a maximumstreet loading spaces shall have a maximumwidth of ten feet A and a maximum vertical clearance of 16 feet. Loading docks shall be and a maximum vertical clearance of 16 feet. Loading docks shall be and a maximum vertical clearance of 16 feet. Loading docks shall be screened, both architecturally and with landscaping to minimize visibility from screened, both architecturally and with landscaping to minimize visibility from screened, both architecturally and with landscaping to minimize visibility from the street and neighboring buildings. the street and neighboring buildings. the street and neighboring buildings. ii.ii.ii.A maximum of one curb cut for loading and service is permitted every 600 A maximum of one curb cut for loading and service is permitted every 600 A maximum of one curb cut for loading and service is permitted every 600 linear feet of street frontage. linear feet of street frontage. linear feet of street frontage. iii.iii.iii.Garage, loading and service entry areas must include either opaque or Garage, loading and service entry areas must include either opaque or Garage, loading and service entry areas must include either opaque or translucent garage door panels. Loading entries must be well lit at night and translucent garage door panels. Loading entries must be well lit at night and translucent garage door panels. Loading entries must be well lit at night and R obobobscure views into loading areas under daylight and night light conditions. scure views into loading areas under daylight and night light conditions. scure views into loading areas under daylight and night light conditions. f.OnOnOn---street loading spaces. Onstreet loading spaces. Onstreet loading spaces. On-street loading spaces shall be sized to accommodate appropriate vehicles. Onappropriate vehicles. Onappropriate vehicles. On-street loading spaces are allowed to be used as regular vehicular parking spaces and scheduled for loading. vehicular parking spaces and scheduled for loading. vehicular parking spaces and scheduled for loading. (3)Screening standards.Screening standards.Screening standards. a.Refuse storage. Storage of refuse containers should be accommodated inside the Refuse storage. Storage of refuse containers should be accommodated inside the Refuse storage. Storage of refuse containers should be accommodated inside the D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 113 of 223 112 E2 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 screened in an enclosure that also considers views from above. All screening 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. shall be at least of equal height to the mechanical equipment that it screens. 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: constructed to meet the form requirements described in the sections below: constructed to meet the form requirements described in the sections below: a.Building size standards. Table 44-308-1: Building Size Standards by Street Typ1: Building Size Standards by Street Typ1: Building Size Standards by Street Typ e e e TT FF Figure 44Figure 44--330088--AA::Building Design Element Building Design Element Illustration Illustration AA RR DD b.Building façade standards. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 114 of 223 113 E2 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 street parking structures that front a public street must be lined with street parking structures that front a public street must be lined with a minimum of 18 feet of occupied habitable space at the a minimum of 18 feet of occupied habitable space at the a minimum of 18 feet of occupied habitable space at the ground floor ground floor ground floor between the parking area and exterbetween the parking area and exterbetween the parking area and exterior wall of the building. ior wall of the building. ior wall of the building. 2.All other frontages must visually screen the interior from the exterior under All other frontages must visually screen the interior from the exterior under All other frontages must visually screen the interior from the exterior under T daylighting and night lighting conditions. daylighting and night lighting conditions. daylighting and night lighting conditions. ii.Exterior building materials. ExteriorExterior building materials. ExteriorExterior building materials. Exterior---building materials shall be classified as building materials shall be classified as building materials shall be classified as primary, secondary or accent material. Primary materials shall cover at least primary, secondary or accent material. Primary materials shall cover at least primary, secondary or accent material. Primary materials shall cover at least 60 percent of all façades of a building. Secondary materials may cover no 60 percent of all façades of a building. Secondary materials may cover no 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 more than 30 percent of all façades of a building. Accent materials may more than 30 percent of all façades of a building. Accent materials may include door and window frames, lintels, cornices and otherinclude door and window frames, lintels, cornices and otherinclude door and window frames, lintels, cornices and otherminor elements, F and may cover no more than ten percent of all façades of a building. and may cover no more than ten percent of all façades of a building. 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. BronzePrimary exterior building materials may be brick, stone or glass. BronzePrimary exterior building materials may be brick, stone or glass. Bronze- tinted or mirror glass are prohibited as exterior materials. tinted or mirror glass are prohibited as exterior materials. tinted or mirror glass are prohibited as exterior materials. 2.Secondary exterior building materials may be decorative block or stucco. Secondary exterior building materials may be decorative block or stucco. Secondary exterior building materials may be decorative block or stucco. 3.3.3.Synthetic stucco may be permitted as a secondary material on upper Synthetic stucco may be permitted as a secondary material on upper Synthetic stucco may be permitted as a secondary material on upper floors only. floors only. floors only. A 4.4.4.Accent materials may be wood or metal if appropriately integrated into the Accent materials may be wood or metal if appropriately integrated into the 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 overall building design and not situated in areas that will be subject to overall building design and not situated in areas that will be subject to physical or environmental damage. physical or environmental damage. physical or environmental damage. 5.5.5.All primary and secondary materials shall be integrally colored with no All primary and secondary materials shall be integrally colored with no All primary and secondary materials shall be integrally colored with no painted materials. painted materials. painted materials. R Secs. 44Secs. 44Secs. 44---309 309 309 ———444444---310. Reserved.310. Reserved.310. Reserved. Division 18.Division 18.Division 18.PUD PLANNED UNIT DEVELOPMENTSPUD PLANNED UNIT DEVELOPMENTSPUD PLANNED UNIT DEVELOPMENTS Secs. 44-311.Planned unit developmentPlanned unit developmentPlanned unit development—fixed district. (1)The purpose of the planned unit developmentThe purpose of the planned unit developmentThe 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, planned unit developments approved through conditional use permits prior to September 1, planned unit developments approved through conditional use permits prior to September 1, D 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— December 11, 2023 City Council Meeting Minutes Council Packet Page Number 115 of 223 114 E2 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 PUD planned unit development provisions are intended to encourage more efficient use 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 of land, public services and greater amenity by allowing, under certain circumstances, a more of land, public services and greater amenity by allowing, under certain circumstances, a more flexible means of land development or redevelopment than is otherwise affordeflexible means of land development or redevelopment than is otherwise affordeflexible means of land development or redevelopment than is otherwise afforded through the d through the d through the strict enforcement of the zoning requirements of certain districts through lotstrict enforcement of the zoning requirements of certain districts through lotstrict enforcement of the zoning requirements of certain districts through lot---bybyby---lot lot lot development. Although planned unit developments may appear to deviate in certain aspects development. Although planned unit developments may appear to deviate in certain aspects 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 from a literal interpretation of the zoning and subdivision ordinances, the PUD is intended to 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 allow flexibility in design in order to promote developments which will be an asset to the city 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 by equaling or surpassing the quality of developments resulting from the application of more by equaling or surpassing the quality of developments resulting from the application of more T conventional zoning regulations. A PUD may be used as a special district adapting any base conventional zoning regulations. A PUD may be used as a special district adapting any base conventional zoning regulations. A PUD may be used as a special district adapting any base zoning district or combination of zoning districts. zoning district or combination of zoning districts. zoning district or combination of zoning districts. (2)A planned unit development shall be established by rezoning to a newly created, numbered A planned unit development shall be established by rezoning to a newly created, numbered A planned unit development shall be established by rezoning to a newly created, numbered planned unit development district that outlines the uses, dimeplanned unit development district that outlines the uses, dimeplanned unit development district that outlines the uses, dimensions, and design standards of nsions, and design standards of nsions, and design standards of the new PUD zoning district following the procedures set forth in article VII, division 2. the new PUD zoning district following the procedures set forth in article VII, division 2. 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. No planned unit developments may be created in the MU District or the NE District. No planned unit developments may be created in the MU District or the NE District. F (4)Planned unit developments shall be on a tract ofPlanned unit developments shall be on a tract ofPlanned unit developments shall be on a tract ofland more than one acre. land more than one acre. land more than one acre. (5)Permitted uses shall generally be consistent with the permitted or conditional uses of the Permitted uses shall generally be consistent with the permitted or conditional uses of the 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 underlying base district. However, a PUD district can request alternative uses to 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 permitted uses of the underlying base district, subject to the approval by the city council as permitted uses of the underlying base district, subject to the approval by the city council as part of the establishment of the PUD. part of the establishment of the PUD. part of the establishment of the PUD. (6)Density of development must meet the guidance set by the comprehensive plan's future land Density of development must meet the guidance set by the comprehensive plan's future land Density of development must meet the guidance set by the comprehensive plan's future land A use designation and map. use designation and map. use designation and map. (7)The following provisions shall be addressed as part of theThe following provisions shall be addressed as part of theThe following provisions shall be addressed as part of thePUD. When it is intended that regulations vary from the underlying district, the applicant shall propose them as part of the regulations vary from the underlying district, the applicant shall propose them as part of the regulations vary from the underlying district, the applicant shall propose them as part of the PUD application process: PUD application process: PUD application process: a.a.a.A PUD shall be designed to complement existing and planned future land uses of A PUD shall be designed to complement existing and planned future land uses of A PUD shall be designed to complement existing and planned future land uses of adjacent uses and infrastadjacent uses and infrastadjacent uses and infrastructure. ructure. ructure. R b.b.b.Lot area may vary from the underlying base district standard in a PUD provided the Lot area may vary from the underlying base district standard in a PUD provided the 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 developer has demonstrated that the proposed design and layout meets the developer has demonstrated that the proposed design and layout meets the provisions of this chapter. provisions of this chapter. provisions of this chapter. c. Setbacks may vary from underlying base district standards in a PUD provided the Setbacks may vary from underlying base district standards in a PUD provided the Setbacks may vary from underlying base district standards in a PUD provided the developer has demonstrated that the proposed design and layout meets the developer has demonstrated that the proposed design and layout meets 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 provisions of this chapter. Perimeter setbacks shall be consistent with the setbacks of provisions of this chapter. Perimeter setbacks shall be consistent with the setbacks of the underlying base zoning district. the underlying base zoning district. the underlying base zoning district. D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 116 of 223 115 E2 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 water facilities shall be designed in water facilities shall be designed in accordance with the city code, policies, and design standards. The city may consider accordance with the city code, policies, and design standards. The city may consider accordance with the city code, policies, and design standards. The city may consider flexible standards for streets if the developer has demonstrated that the proposeflexible standards for streets if the developer has demonstrated that the proposeflexible standards for streets if the developer has demonstrated that the proposed design and layout warrants varying standards and the design meets the provisions of design and layout warrants varying standards and the design meets the provisions of 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 Vehicular access to lots adjoining an arterial street as defined by the functional Vehicular access to lots adjoining an arterial street as defined by the functional classification system shall be designed by way of aclassification system shall be designed by way of aclassification system shall be designed by way of afrontage road, service road frontage road, service road frontage road, service road or local street. ii.Streets in a PUD shall be designed to promote a grid network of streets, Streets in a PUD shall be designed to promote a grid network of streets, Streets in a PUD shall be designed to promote a grid network of streets, minimizing dead ends and culs-dedede---sac and connecting to adjoining sac and connecting to adjoining sac and connecting to adjoining developments where streets have been 'stubbed in' for the purpose of developments where streets have been 'stubbed in' for the purpose of developments where streets have been 'stubbed in' for the purpose of T continuation. iii.A PUD shall include provisions for pedestrians, bicycles and transit. A PUD shall include provisions for pedestrians, bicycles and transit. 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 A landscape and screening plan shall be included in the PUD submittal. The plan A landscape and screening plan shall be included in the PUD submittal. The plan should include street tree provisions, screening, parking lot landscaping where should include street tree provisions, screening, parking lot landscaping where should include street tree provisions, screening, parking lot landscaping where applicable and the preservation of mature, healthy hardwood trees where applicable. applicable and the preservation of mature, healthy hardwood trees where applicable. applicable and the preservation of mature, healthy hardwood trees where applicable. F k. A comprehensive sign plan shall be adopted following the requirements of Chapter A comprehensive sign plan shall be adopted following the requirements of Chapter A comprehensive sign plan shall be adopted following the requirements of Chapter 44, Zoning, Article III, Sign and Mural Regulations. Preliminary plans related to 44, Zoning, Article III, Sign and Mural Regulations. Preliminary plans related to 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 signage shall be submitted as part of the PUD application. While the comprehensive 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 sign plan will be adopted subsequently to the PUD, if an exception to the city's 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 signage regulations are needed they shall be evaluated and adopted as part of the 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 PUD process. Freestanding pylon type signs shall consolidate tenants or uses in PUD process. Freestanding pylon type signs shall consolidate tenants or uses in A predetermined locations, minimizing the number of freestanding signs where possible. predetermined locations, minimizing the number of freestanding signs where possible. predetermined locations, minimizing the number of freestanding signs where possible. Secs. 44-313 313 313 ———444444---320. Reserved. 320. Reserved. 320. Reserved. Division 19.Division 19.Division 19. Use Specific StandardsUse Specific StandardsUse Specific Standards Secs. 44Secs. 44Secs. 44---321.321.321.Principal UsesPrincipal UsesPrincipal Uses R (1)Animal veterinary clinicAnimal veterinary clinicAnimal veterinary clinic a.a.a.No exterior kennels arNo exterior kennels arNo exterior kennels are allowed. (2)Bed and BreakfastBed and BreakfastBed and Breakfast a.Bed and breakfast establishments shall only be allowed within the following types of Bed and breakfast establishments shall only be allowed within the following types of Bed and breakfast establishments shall only be allowed within the following types of structures:structures:structures: i.SingleSingleSingle-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 D 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) orLPG (liquid petroleum gas) dispensing facilities December 11, 2023 City Council Meeting Minutes Council Packet Page Number 117 of 223 116 E2 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 inChapter 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 Must be located at least 500 feet from a residential lot line and at least 500 feet of any 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. Must have city licensing as regulated in Chapter 14, article XII. 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 ubdistricts, double dwellings (duplexes) are only allowed as ubdistricts, double dwellings (duplexes) are only allowed as part of a townhouse development. b.In the MU District: i.Any pre-existing conforming or nonconforming doubleexisting conforming or nonconforming doubleexisting conforming or nonconforming double---dwelling (duplex) dwelling (duplex) dwelling (duplex) residential use or structure which became nonconforming by adoption of residential use or structure which became nonconforming by adoption of residential use or structure which became nonconforming by adoption of the mixed-use zoning district may be expanded or intensified so long as such use zoning district may be expanded or intensified so long as such use zoning district may be expanded or intensified so long as such T expansion or intensification would be permitted under the Rexpansion or intensification would be permitted under the Rexpansion or intensification would be permitted under the R---1 single1 single1 single-dwelling residential district or the Rresidential district or the Rresidential district or the R---2 double2 double2 double---dwelling residential district and/or MU dwelling residential district and/or MU 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:For the purpose of use specific standards, the following definitions shall apply:For the purpose of use specific standards, the following definitions shall apply: F i.One-story dwelling means a dwelling having a single floor level, usually at story dwelling means a dwelling having a single floor level, usually at story dwelling means a dwelling having a single floor level, usually at grade level. grade level. grade level. ii.One and oneOne and oneOne and one---halfhalfhalf---story dwelling means a dwelling having two floostory dwelling means a dwelling having two floostory dwelling means a dwelling having two floor levels, one at grade and one above grade, which does not have full ceiling height for the at grade and one above grade, which does not have full ceiling height for the at grade and one above grade, which does not have full ceiling height for the entire above grade level. entire above grade level. entire above grade level. iii.Bilevel dwelling means a dwelling having two floor levels, usually one four feet Bilevel dwelling means a dwelling having two floor levels, usually one four feet Bilevel dwelling means a dwelling having two floor levels, usually one four feet A below grade, one four feet above grade, both with full ceiling height. It may be below grade, one four feet above grade, both with full ceiling height. It may be 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. on a sloping lot with the lower level partially exposed. on a sloping lot with the lower level partially exposed. iv.iv.iv.Trilevel dwelling means a dwelling having three floor levels, usually one four Trilevel dwelling means a dwelling having three floor levels, usually one four 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 feet below grade, one at grade, and one four feet above grade, all with full feet below grade, one at grade, and one four feet above grade, all with full ceiling height. ceiling height. ceiling height. v.v.v.TwoTwoTwo---story dwelling means a dwelling having two floor levels, one at grade and story dwelling means a dwelling having two floor levels, one at grade and story dwelling means a dwelling having two floor levels, one at grade and one above grade, both with full ceiling height.one above grade, both with full ceiling height.one above grade, both with full ceiling height. R b.b.b.In the RIn the RIn the R---1 District:1 District:1 District: i.i.i.One singleOne singleOne single-unit dwelling and its accessory buildings and uses on each lot. Property owners may construct a seProperty owners may construct a seProperty owners may construct a second single-family dwelling on their lot, if they meet the following conditions: they meet the following conditions: they meet the following conditions: 1.1.1.The property owner shall sign a statement prepared by the city. This statement shall include an agreement to remove the existing house, D 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 118 of 223 117 E2 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 designated workers or contractors on the property to remove the older 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. 18, concerning access. 18, concerning access. 5.The property owner shall site the new house so there is adequate The property owner shall site the new house so there is adequate The property owner shall site the new house so there is adequate emergency vehicle access to both houses. This shall be subject to the emergency vehicle access to both houses. This shall be subject to the 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. The property owner must occupy the existing (old) house. 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 singleA single unit dwelling is permitted with a business unit. The singleA single unit dwelling is permitted with a business unit. The single---dwelling dwelling dwelling unit and the principal business use must be in the same structure. unit and the principal business use must be in the same structure. unit and the principal business use must be in the same structure. d.In the MU District: i.Any pre-existing conforming or nonconforming singleexisting conforming or nonconforming singleexisting conforming or nonconforming single---unit dwelling which unit dwelling which unit dwelling which T became nonconforming by adoption of the mixedbecame nonconforming by adoption of the mixedbecame nonconforming by adoption of the mixed---use zoning districuse zoning districuse zoning district may be expanded or intensified so long as such expansion, or intensification would be expanded or intensified so long as such expansion, or intensification would be expanded or intensified so long as such expansion, or intensification would be permitted under the Rpermitted under the Rpermitted under the R---1 single1 single1 single---dwelling residential district or the Rdwelling residential district or the Rdwelling residential district or the R-2 double- dwelling residential district and/or MU mixeddwelling residential district and/or MU mixeddwelling residential district and/or MU mixed---use district.use district.use district. (7)Live-work units F a.The workspacecomponent must be located on the first floor or basement of the component must be located on the first floor or basement of the component must be located on the first floor or basement of the building, with an entrance facing the primary abutting road. building, with an entrance facing the primary abutting road. building, with an entrance facing the primary abutting road. b.The dwelling unit component must be located above or behind the workspace and The dwelling unit component must be located above or behind the workspace and The dwelling unit component must be located above or behind the workspace and maintain a separate entrance accessible from the primary abutting road. maintain a separate entrance accessible from the primary abutting road. 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 office or business component of the workspace shall not exceed 30 percent of 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 the total gross floor area of the principal dwelling unit and shall meet all building code the total gross floor area of the principal dwelling unit and shall meet all building code A requirements. requirements. requirements. d.A total of two offA total of two offA total of two off---street parking spaces shall be provided on site for a livestreet parking spaces shall be provided on site for a livestreet 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 located to the rear of the unit, or underground/enclosed (including attached or located to the rear of the unit, or underground/enclosed (including attached or detached garage parking spaces.) detached garage parking spaces.) detached garage parking spaces.) e.e.e.No more than one passenger or light commercial vehicle (i.e., delivery truck) No more than one passenger or light commercial vehicle (i.e., delivery truck) 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 associated with the office or business component of the workspace may be stored on associated with the office or business component of the workspace may be stored on site. Heavy commercial vehicles are prohibited. site. Heavy commercial vehicles are prohibited. site. Heavy commercial vehicles are prohibited. R f.f.f.The size and nature of the workspace shall be limited so that the building type may be The size and nature of the workspace shall be limited so that the building type may be 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 sizegoverned by residential building codes. An increase in sizegoverned by residential building codes. An increase in sizeor intensity beyond the specified limit would require the building to be classified as a mixedspecified limit would require the building to be classified as a mixedspecified limit would require the building to be classified as a mixed-use building and will require different construction standards. will require different construction standards. will require different construction standards. g.The workspace component of the building may include the following uses: offices, The workspace component of the building may include the following uses: offices, The workspace component of the building may include the following uses: offices, small service small service small service establishments, home crafts which are typically considered accessory to D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 119 of 223 118 E2 business which meets all conditional use permit requirements as specified in article V. (conditional use permits.) h.Signage for a live-work u nit 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 The workspace component must be located on the first floor or basement of the 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 The dwelling unit component must be located above or behind the workspace and The dwelling unit component must be located above or behind the workspace and maintain a separate entrance accessible from the primary abuttingmaintain a separate entrance accessible from the primary abuttingmaintain a separate entrance accessible from the primary abuttingroad. road. road. c. The office or business component of the workspace shall not exceed 30 percent of The office or business component of the workspace shall not exceed 30 percent of 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 the total gross floor area of the principal dwelling unit and shall meet all building code 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 onstreet parking spaces shall be provided onstreet parking spaces shall be provided onsite for a livesite for a livesite for a live---work unit, work unit, work unit, located to the rear of the unit, or underground/enclosed (including attached or located to the rear of the unit, or underground/enclosed (including attached or 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) No more than one passenger or light commercial vehicle (i.e., delivery truck) 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 associated with the office or business component of the workspace may be stored on associated with the office or business component of the workspace may be stored on site. Heavy commercial vehicles are prohibited. site. Heavy commercial vehicles are prohibited. site. Heavy commercial vehicles are prohibited. f.The size and nature of the workspace shall be limited so that the building type may be The size and nature of the workspace shall be limited so that the building type may be 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 governed by residential building codes. An increase in size or intensity beyond the governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixedspecified limit would require the building to be classified as a mixedspecified limit would require the building to be classified as a mixed-use building and will require different construction standarwill require different construction standarwill require different construction standards. ds. ds. g.The workspace component of the building may include the following uses: offices, The workspace component of the building may include the following uses: offices, The workspace component of the building may include the following uses: offices, small service establishments, home crafts which are typically considered accessory to small service establishments, home crafts which are typically considered accessory to small service establishments, home crafts which are typically considered accessory to a dwelling unit or limited retail associated with fine arts or crafts. The workspacea dwelling unit or limited retail associated with fine arts or crafts. The workspacea 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 component shall be limited to those uses otherwise permitted in the district that do not 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 require a separation from residentially zoned or occupied property. The workspace require a separation from residentially zoned or occupied property. The workspace component may not include a wholesale business, manufacturing business, motor component may not include a wholesale business, manufacturing business, motor component may not include a wholesale business, manufacturing business, motor vehiclvehiclvehicle service or repair for any vehicles other than those registered to residents of e service or repair for any vehicles other than those registered to residents of e 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 the property and a commercial food service requiring a license, except for a catering 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. business which meets all conditional use permit requirements as specified in article V. business which meets all conditional use permit requirements as specified in article V. (((conditional use permits.) conditional use permits.) conditional use permits.) h.h.h.Signage for a liveSignage for a liveSignage for a live---work unit is restricted to one 15work unit is restricted to one 15work unit is restricted to one 15-square-foot wall sign and shall not be internally illuminated.be internally illuminated.be internally illuminated. (9)Manufactured homeManufactured homeManufactured home a.All new installations of manufactured homes shall be tied to ground anchoring All new installations of manufactured homes shall be tied to ground anchoring 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 systems. Such installations shall be in compliance with the current state rules and systems. Such installations shall be in compliance with the current state rules and regulations concerning such installations. regulations concerning such installations. regulations concerning such installations. b.Manufactured homes must meet the most recent HUD certification requirements. Manufactured homes must meet the most recent HUD certification requirements. 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 120 of 223 119 E2 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 allowance for wall and projecting signs described in part a. above, as long as they do 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 No petroleum products are allowed to be added to, applied to, or removed from the 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, There shall be no maintenance, servicing or repair of vehicles or parts of vehicles, 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 setbackof any overhead canopy shall be at least 15 feet from the street rightof any overhead canopy shall be at least 15 feet from the street rightof any overhead canopy shall be at least 15 feet from the street right-of- way line and five feet from a nonresidential property line. way line and five feet from a nonresidential property line. way line and five feet from a nonresidential property line. T b.The setbacks to a residential lot line in Section 44The setbacks to a residential lot line in Section 44The setbacks to a residential lot line in Section 44---20(c)(6) shall include motor vehicle 20(c)(6) shall include motor vehicle 20(c)(6) shall include motor vehicle washes, fuel dispensers or canopies. opies. opies. c. All parts of major motor fuel stations, motor vehicle washes or maintenance garages All parts of major motor fuel stations, motor vehicle washes or maintenance garages 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. shall be at least 350 feet from any property the city is planning for residential use. 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 morNo unlicensed or inoperable vehicles shall be stored on the premises for morNo unlicensed or inoperable vehicles shall be stored on the premises for more than F 48 hours, except in storage areas that are fully screened from public view. 48 hours, except in storage areas that are fully screened from public view. 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 All trash, waste materials and obsolete parts shall be stored within an enclosed trash 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 eAll repair, assembly, disassembly and maintenance shall occur within an eAll repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as building, except minor maintenance. Minor maintenance shall include work such as building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. tire replacement or inflation, adding oil or wiper fluid replacement. tire replacement or inflation, adding oil or wiper fluid replacement. A g.The city must approve the location and type of outdoor storage in the conditional use The city must approve the location and type of outdoor storage in the conditional use The city must approve the location and type of outdoor storage in the conditional use permit. permit. permit. h. N N Noise from operations, including external speakers, shall not exceed the noise oise from operations, including external speakers, shall not exceed the noise oise from operations, including external speakers, shall not exceed the noise standards of the state pollution control agency. standards of the state pollution control agency. standards of the state pollution control agency. i.i.i.No motor fuel station or maintenance garage within 350 feet of a residential lot line No motor fuel station or maintenance garage within 350 feet of a residential lot line 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 shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. The city 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 council may allow or require different hours of operation as part of the approval council may allow or require different hours of operation as part of the approval R proceproceprocess of a conditional use permit for maintenance garages and motor fuel stations. ss of a conditional use permit for maintenance garages and motor fuel stations. ss 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 Fuel station dispenser islands, parking areas, and drives shall be screened from Fuel station dispenser islands, parking areas, and drives shall be screened from residential lot lines in conformance with Section 44residential lot lines in conformance with Section 44residential lot lines in conformance with Section 44-19(c) and (d). k. Parking shall be limited to paved areas. Parking shall be limited to paved areas. Parking shall be limited to paved areas. l.All new or replacement underground fuel storage tanks shall meet the standards of All new or replacement underground fuel storage tanks shall meet the standards of 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 state statutes and the standards of the state pollution control agency. Such tanks state statutes and the standards of the state pollution control agency. Such tanks D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 121 of 223 120 E2 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 All stations shall meet the standards set forth for motor vehicle maintenance garage 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 Gas station canopies. Gas stations are allowed one additional wall sign that may be Gas station canopies. Gas stations are allowed one additional wall sign that may be attached to the façade ofthe building or the overhanging canopy above the pump the building or the overhanging canopy above the pump 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 island. The wall sign on the canopy shall not exceed 50 percent of the face of the 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.canopy, or the maximum size specified above, whichever is less.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 Any motor vehicle minor fuel station shall meet the standards set forth for Any motor vehicle minor fuel station shall meet the standards set forth for motor vehicle maintenance garage above.motor vehicle maintenance garage above.motor vehicle maintenance garage above. T b.In the MU and NE Districts: i.All parts of the minor motor fuel station shall be at least 100 feet from any All parts of the minor motor fuel station shall be at least 100 feet from any All parts of the minor motor fuel station shall be at least 100 feet from any residential use within the mixedtial use within the mixedtial use within the mixed---use zoning district, including mixeduse zoning district, including mixeduse zoning district, including mixed-use buildings that comprise at least 50 percent residential uses. buildings that comprise at least 50 percent residential uses. 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 All parts of the minor motor fuel station shall be at least 350 feet from any All parts of the minor motor fuel station shall be at least 350 feet from any F single, double or multisingle, double or multisingle, double or multi---family residentially zonfamily residentially zonfamily residentially zoned land. ed land. ed land. iii.All new or replacement underground fuel storage tanks shall meet the All new or replacement underground fuel storage tanks shall meet the All new or replacement underground fuel storage tanks shall meet the standards of state statutes and the standards of the state pollution control standards of state statutes and the standards of the state pollution control 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 agency. Such tanks shall also have a UL listing appropriate for their use. In agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installationaddition, installationaddition, installationplans shall be submitted to the state fire marshal's office plans shall be submitted to the state fire marshal's office plans shall be submitted to the state fire marshal's office for approval. for approval. for approval. A iv.There shall be leak detection equipment on all new and existing tanks There shall be leak detection equipment on all new and existing tanks There shall be leak detection equipment on all new and existing tanks according to the Federal Environmental Protection Agency schedule according to the Federal Environmental Protection Agency schedule according to the Federal Environmental Protection Agency schedule deadlines. Leak detection facilities shall include electronic (in tank) monitoring deadlines. Leak detection facilities shall include electronic (in tank) monitoring deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment and manual measurement and recording equipment of tank levels equipment and manual measurement and recording equipment of tank levels equipment and manual measurement and recording equipment of tank levels for daily records. Records of daily tank levels, fuel purchases and fuel sales for daily records. Records of daily tank levels, fuel purchases and fuel sales for daily records. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshshall always be available on site for inspection by the fire marshshall always be available on site for inspection by the fire marshal. (17)(17)(17)Motor vehicle wash Motor vehicle wash Motor vehicle wash R a.a.a.All motor vehicle washes shall meet the standards set forth for motor vehicle All motor vehicle washes shall meet the standards set forth for motor vehicle All motor vehicle washes shall meet the standards set forth for motor vehicle maintenance garage above and the following additional standards: maintenance garage above and the following additional standards: maintenance garage above and the following additional standards: i.i.i.Water from a motor vehicle wash shall not drain onto a public street or access. Water from a motor vehicle wash shall not drain onto a public street or access. 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 A drainage system shall be installed, subject to the approval of the city A drainage system shall be installed, subject to the approval of the city engineer. engineer. engineer. ii.There shall be stacking space for at least four vehicles. There shall be stacking space for at least four vehicles. There shall be stacking space for at least four vehicles. D (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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 122 of 223 121 E2 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 not be located within 350 feet of any property that the city is planning for 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 All business, storage, or display, except signs and parking, shall be in a closed 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 Must be located within a business, store or shop which is at least 350 feet from any 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. property the city is planning for residential use. property the city is planning for residential use. b.Must obtain and meet all applicable state and federal licenses. Must obtain and meet all applicable state and federal licenses. Must obtain and meet all applicable state and federal licenses. T (24)Sale or leasing of new or used motor vehiclessed motor vehiclessed motor vehicles a.Shall not be located within 350 feet of any property that the city is planning for Shall not be located within 350 feet of any property that the city is planning for 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 Auto dealerships. Auto dealerships may have one freestanding sign, plus one Auto dealerships. Auto dealerships may have one freestanding sign, plus one freestanding sign for each car franchise. The maximum sign afreestanding sign for each car franchise. The maximum sign afreestanding sign for each car franchise. The maximum sign area and height for the F freestanding signs shall be determined by the classification of the abutting roads, as freestanding signs shall be determined by the classification of the abutting roads, as 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 specified above. More than one freestanding sign may be allowed per street frontage 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 provided said signs are separated by more than 150 feet measured in a straight line provided said signs are separated by more than 150 feet measured in a straight line between the signs.between the signs.between the signs. (25)Trucking yard or terminalTrucking yard or terminalTrucking yard or terminal a.Any storage of semitrucks or freight shall be for less than two weeks as longAny storage of semitrucks or freight shall be for less than two weeks as longAny storage of semitrucks or freight shall be for less than two weeks as long-term or A permanent storage is not allowed. permanent storage is not allowed. permanent storage is not allowed. b.Trucks associated with the terminal may be repaired in buildings or outdoor areas on Trucks associated with the terminal may be repaired in buildings or outdoor areas on Trucks associated with the terminal may be repaired in buildings or outdoor areas on the site. the site. the site. Secs. 44-322.322.322.Accessory UsesAccessory UsesAccessory Uses (1)Accessory buildings.Accessory buildings.Accessory buildings. a.a.a.In the RE, RIn the RE, RIn the RE, R---1, R1, R1, R---1S, and R1S, and R1S, and R-2 Districts: R i.i.i.The areas of accessory buildings shall be limited to the areas in the following The areas of accessory buildings shall be limited to the areas in the following The areas of accessory buildings shall be limited to the areas in the following table: table: table: D December 11, 2023 City Council Meeting Minutes Council Packet Page Number 123 of 223 122 E2 Table 44-322-1: Accessory Building Size Maximum ii.A private garage shall not exceed 16 feet as measured from grade. A private garage shall not exceed 16 feet as measured from grade. 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 The city council may approve an increase in height or area by conditional use 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 garageThe following size standards shall apply to accessory buildings and garageThe following size standards shall apply to accessory buildings and garages: TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Table 44-322-2 Accessory Building Size Maximum for R2 Accessory Building Size Maximum for R2 Accessory Building Size Maximum for R---1 (R)1 (R)1 (R) Detached Buildings Combination of detached Combination of detached Combination of detached Attached Garages Attached Garages Attached Garages (Max Area, Square buildings and attached Garage buildings and attached Garage buildings and attached Garage (Max Area, Square Feet) (Max Area, Square Feet) (Max Area, Square Feet) Feet) (Max Area) (Max Area) (Max Area) 1,400 (garages), FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF Tier I 1,4001,4001,4002,800 1,100 (other) Tier II 1,250 SF Total1,250 SF Total1,250 SF Total1,2501,2501,2501,850 ii.A private garage shall not exceed 16 feet as measured from grade. A private garage shall not exceed 16 feet as measured from grade. 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 The city council may approve an increase in height or area by conditional use The city council may approve an increase in height or area by conditional use permit. permit. permit. AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA (2)Accessory dwelling unit (ADU)Accessory dwelling unit (ADU)Accessory dwelling unit (ADU) a.Only one (1) ADU may be created per singleOnly one (1) ADU may be created per singleOnly one (1) ADU may be created per single-family property. b.The property owner shall comply with the Residential Rental Code. The property owner shall comply with the Residential Rental Code. The property owner shall comply with the Residential Rental Code. c. An ADU shall be between 250 and 900 square feet in size. An ADU shall be between 250 and 900 square feet in size. An ADU shall be between 250 and 900 square feet in size. d.d.d.OffOffOff---street parking spaces must be available for use by the ownerstreet parking spaces must be available for use by the ownerstreet 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) tenant(s) with at least two (2) spaces available for the principal residence and one (1) tenant(s) with at least two (2) spaces available for the principal residence and one (1) space available for the accessory dwelling unit. space available for the accessory dwelling unit. space available for the accessory dwelling unit. RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR e.e.e.A deed restriction shall be created and recorded with Ramsey County restricting the A deed restriction shall be created and recorded with Ramsey County restricting the 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 independent sale of an ADU and requiring adherence to size limitations and other independent sale of an ADU and requiring adherence to size limitations and other requirements found in this chapter.requirements found in this chapter.requirements found in this chapter. f.An ADU in a detached accessory structure must also meet the following An ADU in a detached accessory structure must also meet the following An ADU in a detached accessory structure must also meet the following requirements:requirements:requirements: i.The squThe squThe square footage of the detached ADU shall be counted toward to the total DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD 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. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 124 of 223 123 E2 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 Citizen band radio towers, amateur radio towers, television antennas, and flagpoles 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.commercial) purposes.commercial) purposes. ii.A five-foot setback shall be maintained from all property lines. foot setback shall be maintained from all property lines. 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.Only permitted in double (duplex) dwellings.Only permitted in double (duplex) dwellings. (5)Direct to consumer sales a.Shall meet the licensing and permitting requirements of Chapter 14, article VI;Shall meet the licensing and permitting requirements of Chapter 14, article VI;Shall meet the licensing and permitting requirements of Chapter 14, article VI; Chapter 20, Article IV; andChapter 28, Article II. , Article II. , Article II. (6)Drive-up food or beverage window, drive-through sales and servicethrough sales and servicethrough sales and service a.Any message board may not exceed 64 square feet and six feet in height. A Any message board may not exceed 64 square feet and six feet in height. A Any message board may not exceed 64 square feet and six feet in height. A message T board shall not be located as to impair the vision of the driver of a vehicle traveling board shall not be located as to impair the vision of the driver of a vehicle traveling board shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or through the driveinto, out of, or through the driveinto, out of, or through the drive-through isle.through isle.through isle. (7)Landscape business (or any other similar use that is determined to be the same general Landscape business (or any other similar use that is determined to be the same general Landscape business (or any other similar use that is determined to be the same general character as a landscapebusiness)business)business) a.Allowed as an accessory use to residential property if on a parcel of land which is four Allowed as an accessory use to residential property if on a parcel of land which is four Allowed as an accessory use to residential property if on a parcel of land which is four F acres or larger. b.Where there is a question concerning the appropriateness of a similar use as a Where there is a question concerning the appropriateness of a similar use as a 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 conditional use within the farm residence district, the planning commission shall conditional use within the farm residence district, the planning commission shall review the question and forward a recommendation to the city council for final review the question and forward a recommendation to the city council for final review the question and forward a recommendation to the city council for final determination. determination. determination. c. There shall be no exterior storage of commercial vehicles, equipment, or material There shall be no exterior storage of commercial vehicles, equipment, or material There shall be no exterior storage of commercial vehicles, equipment, or material A associated with the business. Storage of these items must be in an approved associated with the business. Storage of these items must be in an approved associated with the business. Storage of these items must be in an approved accessory structure that meets the following findings: accessory structure that meets the following findings: accessory structure that meets the following findings: i.i.i.The accessory structure must meet the size and height requirements as The accessory structure must meet the size and height requirements as The accessory structure must meet the size and height requirements as specified for accessory structures. specified for accessory structures. specified for accessory structures. ii.ii.ii.When adjacent a residential lot, the accessory structure must comply with the When adjacent a residential lot, the accessory structure must comply with the When adjacent a residential lot, the accessory structure must comply with the setback requirements specified in Section 44setback requirements specified in Section 44setback requirements specified in Section 44-20(c)(6)b, which pertains to additional design standards. When adjacent to a commercial lot, the additional design standards. When adjacent to a commercial lot, the additional design standards. When adjacent to a commercial lot, the R accessory structure must comply withaccessory structure must comply withaccessory structure must comply withthe identified setbacks in the residential district. district. district. iii.iii.iii.When adjacent a residential lot, the accessory structure and other areas of the When adjacent a residential lot, the accessory structure and other areas of the When adjacent a residential lot, the accessory structure and other areas of the lot where deemed necessary shall comply with Section 44lot where deemed necessary shall comply with Section 44lot where deemed necessary shall comply with Section 44-19(a), (b), (c), and (d), which pertain to landscaping and screen(d), which pertain to landscaping and screen(d), which pertain to landscaping and screening. d.No more than one nonresident employee shall be allowed to work on the premises. No more than one nonresident employee shall be allowed to work on the premises. No more than one nonresident employee shall be allowed to work on the premises. D 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 December 11, 2023 City Council Meeting Minutes Council Packet Page Number 125 of 223 124 E2 institution’s primary worship location, shall be located on a contiguous parcelto 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 Storage or parking of heavy commercial vehicles or commercial equipment or more than one 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 The storage or parking is subject to the approval of the city council and subject 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 The owner or operator of the vehicle or commercial equipment must reside 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 The vehicle or commercial equipment shall be parked in an enclosed The vehicle or commercial equipment shall be parked in an enclosed structure or on a hard-surface driveway that meets the applicable zoning surface driveway that meets the applicable zoning surface driveway that meets the applicable zoning district requirements. 3.Noise from idling the engine shall not exceed the L50 standards provided Noise from idling the engine shall not exceed the L50 standards provided 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 for in state statutes. The owner or operator shall not let the vehicle's for in state statutes. The owner or operator shall not let the vehicle's T engine idle for more than 30 minutes in any oneengine idle for more than 30 minutes in any oneengine idle for more than 30 minutes in any one---hour period. In no hour period. In no hour period. In no exception may the owner or operator run or let the engine idle for more exception may the owner or operator run or let the engine idle for more exception may the owner or operator run or let the engine idle for more than two periods, lasting 30 minutes each, in one 24than two periods, lasting 30 minutes each, in one 24than two periods, lasting 30 minutes each, in one 24---hour period.hour period.hour period. ii.The following are exceptions to subsection (1)a of this section:The following are exceptions to subsection (1)a of this section:The following are exceptions to subsection (1)a of this section: 1.Those commercial vehicles or commercial equipment used for authorized Those commercial vehicles or commercial equipment used for authorized Those commercial vehicles or commercial equipment used for authorized F on-site construction,site construction,site construction,repair or service at the residence.repair or service at the residence.repair or service at the residence. 2.Any motor truck, pickup truck, or other commercial vehicle being used by a Any motor truck, pickup truck, or other commercial vehicle being used by a 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 public utility, moving company, or similar company, which is being used to public utility, moving company, or similar company, which is being used to service a residence not belonging to or occupied by the operator of tservice a residence not belonging to or occupied by the operator of tservice a residence not belonging to or occupied by the operator of the vehicle.vehicle.vehicle. 3.3.3.Any vehicle that is making a pickup or delivery at the location where the Any vehicle that is making a pickup or delivery at the location where the Any vehicle that is making a pickup or delivery at the location where the A driver or operator has parked it. Parking shall not be for the time beyond driver or operator has parked it. Parking shall not be for the time beyond 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 that the driver or operator needs to make such a pickup or delivery and 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.shall only be for the time necessary to complete the pickup or the delivery.shall only be for the time necessary to complete the pickup or the delivery. 4.4.4.Lawful nonconforming and permitted uses.Lawful nonconforming and permitted uses.Lawful nonconforming and permitted uses. (10)Supportive commercial usesSupportive commercial usesSupportive commercial uses a.a.a.In the CO District:In the CO District:In the CO District: i.i.i.Supportive commercial uses shall not exceed 25 percent of the total net floor Supportive commercial uses shall not exceed 25 percent of the total net floor Supportive commercial uses shall not exceed 25 percent of the total net floor R area of the building. area of the building. area of the building. Secs. 44-323323323---444444---731 Reserved.731 Reserved.731 Reserved. Section II.This ordinance shall be effective following its adoption and publication.This ordinance shall be effective following its adoption and publication.This ordinance shall be effective following its adoption and publication. D Ordinance 1045 AN ORDINANCE AMENDING CHAPTER 44 OF THE ZONING CODE, ARTICLE III. SIGN REGULATIONS December 11, 2023 City Council Meeting Minutes Council Packet Page Number 126 of 223 125 E2 The City Council of Maplewood ordains as follows: Section I. Chapter 44, Article III. Sign Regulations is hereby repealed in its entirety and replaced with the following Article III. Sign and Mural Regulations: ARTICLE III. – SIGN AND MURAL REGULATIONS Secs. 44-731.Purpose and intent. The purpose of this article is to establish a comprehensive and impartial system of sign The purpose of this article is to establish a comprehensive and impartial system of sign The purpose of this article is to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business regulations that balances the needs for effective visual communication including business regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well-maintained, and attractive community. It is intended maintained, and attractive community. It is intended maintained, and attractive community. It is intended through the provisions contained herein to: a.Promote signs which by their design and dimensions are integrated and harmonized Promote signs which by their design and dimensions are integrated and harmonized Promote signs which by their design and dimensions are integrated and harmonized with the surrounding environment and the buildings and sites they occupy. with the surrounding environment and the buildings and sites they occupy. with the surrounding environment and the buildings and sites they occupy. b.Protect the public from damage or injury caused by signs that are poorly designed or Protect the public from damage or injury caused by signs that are poorly designed or Protect the public from damage or injury caused by signs that are poorly designed or maintained and from signs that cause distractions or hazards to motorists and maintained and from signs that cause distractions or hazards to motorists and maintained and from signs that cause distractions or hazards to motorists and pedestrians using the public streets, sidewalks, and public rightpedestrians using the public streets, sidewalks, and public rightpedestrians using the public streets, sidewalks, and public right---ofofof---way. way. way. c. Avoid excessive signage in order to give each business or use optimum visAvoid excessive signage in order to give each business or use optimum visAvoid excessive signage in order to give each business or use optimum visibility to ibility to ibility to T passer-by traffic and prevent cluttering of the streetscape. by traffic and prevent cluttering of the streetscape. by traffic and prevent cluttering of the streetscape. Secs. 44-732.Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed The following words, terms and phrases, when used in this article, shall have the meanings ascribed The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Table 44to them in this section, except where the context clearly indicates a different meaning. Table 44to them in this section, except where the context clearly indicates a different meaning. Table 44-732- 1 which follows provides visual representations of typ1 which follows provides visual representations of typ1 which follows provides visual representations of types of signs: es of signs: es of signs: F Abandoned sign means a sign or sign structure that is located on a building or property that means a sign or sign structure that is located on a building or property that means a sign or sign structure that is located on a building or property that has been vacant or unoccupied for a period of three months or more, or a sign which pertains to a has been vacant or unoccupied for a period of three months or more, or a sign which pertains to a has been vacant or unoccupied for a period of three months or more, or a sign which pertains to a time, event, or purpose that no longer applies. Signs applicable to a business temporarily suspended time, event, or purpose that no longer applies. Signs applicable to a business temporarily suspended time, event, or purpose that no longer applies. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed because of a change in ownership or management of such business shall not be deemed because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of at least six months. abandoned unless the property remains vacant for a period of at least six months. abandoned unless the property remains vacant for a period of at least six months. A AdministratorAdministratorAdministrator means the director of community development or other person charged with means the director of community development or other person charged with means the director of community development or other person charged with the administration and enforcement of this article. the administration and enforcement of this article. the administration and enforcement of this article. Alteration, majorAlteration, majorAlteration, major means any major alteration to a sign, but shall not include routine means any major alteration to a sign, but shall not include routine means any major alteration to a sign, but shall not include routine maintenance, painting, or change of the sign face of an existing sign. maintenance, painting, or change of the sign face of an existing sign. maintenance, painting, or change of the sign face of an existing sign. Alteration, minorAlteration, minorAlteration, minor means ameans ameans achange of sign copy, sign face, sign color, or modifications or change of sign copy, sign face, sign color, or modifications or change of sign copy, sign face, sign color, or modifications or R repairs to an existing sign that are cosmetic in nature or include a replacement of parts. Expansion repairs to an existing sign that are cosmetic in nature or include a replacement of parts. Expansion repairs to an existing sign that are cosmetic in nature or include a replacement of parts. Expansion of an existing sign does not constitute a minor alteration. of an existing sign does not constitute a minor alteration. of an existing sign does not constitute a minor alteration. AwningAwningAwning means a covering attached on the façade of a building which projects typically over a means a covering attached on the façade of a building which projects typically over a means a covering attached on the façade of a building which projects typically over a door, window, or sidewalk. door, window, or sidewalk. door, window, or sidewalk. Awning/canopy signAwning/canopy signAwning/canopy sign means a sign affixed flat to the surface of an awning or canopy which D does not extend vertically or horizontally beyond the limits of such awningor canopy. Banner sign means a temporary sign that is constructed of cloth, flexible plastic, or fabric of any kind which can be easily folded or rolled. This term does not include flags. Billboard means a freestanding, off-site sign located adjacent to a principal arterial street. December 11, 2023 City Council Meeting Minutes Council Packet Page Number 127 of 223 126 E2 Building sign means any sign affixed to a building or an appurtenance of a building including wall signs, projecting signs, window signs, and awning/canopy signs. Changeable copy message board means a sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include dynamic display signs. Commercial sign means any sign, display, or device designed, intended or used to means any sign, display, or device designed, intended or used to means any sign, display, or device designed, intended or used to encourage or promote purchase or use of goods or services. Comprehensive sign or mural plan means a coordinated plan for all signs and/or murals means a coordinated plan for all signs and/or murals means a coordinated plan for all signs and/or murals located on a site or within a single development. Community design review board means the body established in Chapter 2 of the City Code means the body established in Chapter 2 of the City Code means the body established in Chapter 2 of the City Code as a committee of the City Council which reviews site plans, building design, landscape plans, and as a committee of the City Council which reviews site plans, building design, landscape plans, and as a committee of the City Council which reviews site plans, building design, landscape plans, and signage. Dynamic display sign means any sign designed for outdoor use that is capable of displayinmeans any sign designed for outdoor use that is capable of displayinmeans any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), lightray tubes (CRT), lightray tubes (CRT), light---emitting diode (LED) emitting diode (LED) emitting diode (LED) T displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially crystal displays (LCD), or other technologies used in commercially crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Flag means any device generally made of flexible materials, such as cloth, and designed to s any device generally made of flexible materials, such as cloth, and designed to s any device generally made of flexible materials, such as cloth, and designed to be attached to a flagpole on one edge only. be attached to a flagpole on one edge only. be attached to a flagpole on one edge only. F Flashing sign means an illuminated sign which contains flashing lights or exhibits with means an illuminated sign which contains flashing lights or exhibits with means an illuminated sign which contains flashing lights or exhibits with noticeable changes in light intensity. noticeable changes in light intensity. noticeable changes in light intensity. Freestanding sign means a sign that is attached to, erected on, or supported by an means a sign that is attached to, erected on, or supported by an means a sign that is attached to, erected on, or supported by an architecturally-planned structure (such as a pole, mast, frame, or other structure) that is not itself an planned structure (such as a pole, mast, frame, or other structure) that is not itself an planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something integral part of or attached to a building or other structure whose principal function is something integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. This definition includes pylon signs and monument signs.other than the support of a sign. This definition includes pylon signs and monument signs.other than the support of a sign. This definition includes pylon signs and monument signs. A Graffiti means unauthorized markings of paint, dye, or other similar substance that have been means unauthorized markings of paint, dye, or other similar substance that have been means unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other placed on real or personal property such as buildings, fences, transportation equipment, or other placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal structures, or the unauthorized etching or scratching of the surfaces of such real or personal structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratching, or etchings are visible from the site open to the public.property, any of which markings, scratching, or etchings are visible from the site open to the public.property, any of which markings, scratching, or etchings are visible from the site open to the public. Ground banner sign Ground banner sign Ground banner sign means a sign constructed of cloth, canvas, or other similar light material means a sign constructed of cloth, canvas, or other similar light material means a sign constructed of cloth, canvas, or other similar light material R which is affixed to the ground.which is affixed to the ground.which is affixed to the ground. Ground gradeGround gradeGround grade means the elevation of the ground closest to the sign to which reference is means the elevation of the ground closest to the sign to which reference is means the elevation of the ground closest to the sign to which reference is made. Illuminated signIlluminated signIlluminated sign means a sign that is illuminated internally by a light source inside the sign or means a sign that is illuminated internally by a light source inside the sign or means a sign that is illuminated internally by a light source inside the sign or externally by means of external light fixtures directed at the sign. externally by means of external light fixtures directed at the sign. externally by means of external light fixtures directed at the sign. D Institutional or public uses means uses such as public schools, fire stations, libraries, water system facilities, religious institutions, cemeteries, private schools, and other city, county, and state- used and owned properties. Message display face means the surface of the sign where the signs image or message is displayed. December 11, 2023 City CouncilMeeting Minutes 127 Council Packet Page Number 128 of 223 E2 Monument sign means a permanent, freestanding sign located directly at ground grade where the width dimension of the architecturally designed base is 50 percent or more of the greatest width of the sign face. Multiple tenant building means a commercial building containing two or more tenants. Mural means artwork on the exterior of a building, generally for the purpose of decoration or ans artwork on the exterior of a building, generally for the purpose of decoration or ans artwork on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to, paintings, markings, and etchings. A mural is not artistic expression, including, but not limited to, paintings, markings, and etchings. A mural is not artistic expression, including, but not limited to, paintings, markings, and etchings. A mural is not intended or used to encourage or promote purchase or use of goods or services. services. services. Noncommercial sign means a sign which expresses an opinion, point of view, or statement means a sign which expresses an opinion, point of view, or statement means a sign which expresses an opinion, point of view, or statement such as political, religious, or ideological sentiment, or support or opposition to a candidate or such as political, religious, or ideological sentiment, or support or opposition to a candidate or such as political, religious, or ideological sentiment, or support or opposition to a candidate or proposition for public election. Nonconforming sign meansa sign lawfully erected and maintained prior to the adoption of a sign lawfully erected and maintained prior to the adoption of a sign lawfully erected and maintained prior to the adoption of this article that does not conform to the requirements of this article. this article that does not conform to the requirements of this article. this article that does not conform to the requirements of this article. Off-site sign means a sign located outside of the parcel lines or boundaries of the property or means a sign located outside of the parcel lines or boundaries of the property or means a sign located outside of the parcel lines or boundaries of the property or development for which the sign is constructed. On-site sign means a sign located within the parcel lines or boundaries of the property or means a sign located within the parcel lines or boundaries of the property or means a sign located within the parcel lines or boundaries of the property or development for which the sign is constructed.development for which the sign is constructed.development for which the sign is constructed. Painted wall sign means a sign painted or applied through adhesive tape directly on the means a sign painted or applied through adhesive tape directly on the means a sign painted or applied through adhesive tape directly on the exterior wall of a building or structure. rior wall of a building or structure. rior wall of a building or structure. Permanent sign means a sign permanently attached to a building, structure, or the ground means a sign permanently attached to a building, structure, or the ground means a sign permanently attached to a building, structure, or the ground which is constructed of durable materials and intended for longwhich is constructed of durable materials and intended for longwhich is constructed of durable materials and intended for long---term use.term use.term use. Projecting sign means a sign, other than a wall sign, which is supported and projects from means a sign, other than a wall sign, which is supported and projects from means a sign, other than a wall sign, which is supported and projects from more than 18 inches at a right angle from the wall of a building. more than 18 inches at a right angle from the wall of a building. more than 18 inches at a right angle from the wall of a building. Property Identification signProperty Identification signProperty Identification sign means a sign identifying the street address of a building for public means a sign identifying the street address of a building for public means a sign identifying the street address of a building for public safety reasons.safety reasons.safety reasons. Pylon signPylon signPylon sign means a sign that is mounted on a narrow freestanding pole or other support means a sign that is mounted on a narrow freestanding pole or other support means a sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is at least six feet above the architecturally structure so that the bottom edge of the sign face is at least six feet above the architecturally structure so that the bottom edge of the sign face is at least six feet above the architecturally designed base. designed base. designed base. Roof lineRoof lineRoof line means the uppermost line of the roof of a building or, in the case of an extended means the uppermost line of the roof of a building or, in the case of an extended means the uppermost line of the roof of a building or, in the case of an extended façade, the uppermost height of said façade. façade, the uppermost height of said façade. façade, the uppermost height of said façade. Roof signRoof signRoof sign means a sign erected upon the roof of a building or extending above the roof line means a sign erected upon the roof of a building or extending above the roof line means a sign erected upon the roof of a building or extending above the roof line of the building to which it is attached, and which is wholly or partially supported by said building. of the building to which it is attached, and which is wholly or partially supported by said building. of the building to which it is attached, and which is wholly or partially supported by said building. Sign means a communication device displaying graphics, symbols, or written copy visible from the public right-of-way and designed to attract the attention of the general public. This definition does not include murals or architectural lighting, such as neon that has no sign copy. For the purpose of removal, signs shall also include all sign structures. Sign face means the surface of the sign including letters and background upon, against, or through which the message is displayed orillustrated. December 11, 2023 City CouncilMeeting Minutes 128 Council Packet Page Number 129 of 223 E2 Sign structure means the supports, braces, and framework of a sign. Street meanspublic or private thoroughfare for vehicular traffic which affords primary means of access to abutting property. Street frontage means the lot line of a parcel abutting a street. Street, collector means a street designated in the city’s comprehensive plan which is means a street designated in the city’s comprehensive plan which is means a street designated in the city’s comprehensive plan which is designed to serve as a traffic way for a neighborhood or as a feeder to an arterial street. designed to serve as a traffic way for a neighborhood or as a feeder to an arterial street. designed to serve as a traffic way for a neighborhood or as a feeder to an arterial street. Street, local means a street designated in the city’s comprehensive plan which serves short eet designated in the city’s comprehensive plan which serves short eet designated in the city’s comprehensive plan which serves short trips at low speeds. Street, minor arterial means a street designated in the city's comprehensive plan which means a street designated in the city's comprehensive plan which means a street designated in the city's comprehensive plan which connects sub-regions that are the closest routes parallel to the principal arterregions that are the closest routes parallel to the principal arterregions that are the closest routes parallel to the principal arterials and supplements ials and supplements ials and supplements and provides relief for traffic to the principal arterial. Street, principal arterial, means a street designated in the city's comprehensive plan which is , means a street designated in the city's comprehensive plan which is , means a street designated in the city's comprehensive plan which is T designed to carry the highest volume of traffic, allows the highest speeds, anddesigned to carry the highest volume of traffic, allows the highest speeds, anddesigned to carry the highest volume of traffic, allows the highest speeds, andprovides subprovides subprovides sub-regional, regional, and inter-community access. Temporary sign means any sign or advertising display constructed of cloth, canvas, light means any sign or advertising display constructed of cloth, canvas, light means any sign or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other materials, with or without frames, intended to be displayed for a fabric, cardboard, wallboard or other materials, with or without frames, intended to be displayed for a fabric, cardboard, wallboard or other materials, with or without frames, intended to be displayed for a limited period of time only. F Wall sign means a flat sign which does not project more than 18 inches from the face or wall means a flat sign which does not project more than 18 inches from the face or wall means a flat sign which does not project more than 18 inches from the face or wall of the building upon which it is attached, running parallel for its whole length to the face or wall of the of the building upon which it is attached, running parallel for its whole length to the face or wall of the of the building upon which it is attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. building, and which does not extend beyond the horizontal width of such building. building, and which does not extend beyond the horizontal width of such building. Wall surface of the buildingWall surface of the buildingWall surface of the building means the total horizontal surface area of the building face to means the total horizontal surface area of the building face to means the total horizontal surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits which the sign is attached, including windows and door areas, measured to the extreme outer limits which the sign is attached, including windows and door areas, measured to the extreme outer limits A of such wall surface. h wall surface. h wall surface. Window signWindow signWindow sign means a sign that is attached directly to a window with a type of film that means a sign that is attached directly to a window with a type of film that means a sign that is attached directly to a window with a type of film that adheres to the glass without damaging it. A window sign may not be etched, painted, or hung inside adheres to the glass without damaging it. A window sign may not be etched, painted, or hung inside adheres to the glass without damaging it. A window sign may not be etched, painted, or hung inside the window. This does not include merchandise on display in a window, seasonal displays of holiday the window. This does not include merchandise on display in a window, seasonal displays of holiday the window. This does not include merchandise on display in a window, seasonal displays of holiday pictures, lights, or signs which are legally required to be posted. pictures, lights, or signs which are legally required to be posted. pictures, lights, or signs which are legally required to be posted. R Figure 44Figure 44Figure 44-732-1 Illustrations of Sign Types D December 11, 2023 City CouncilMeeting Minutes 129 Council Packet Page Number 130 of 223 E2 T F A R D December 11, 2023 City CouncilMeeting Minutes 130 Council Packet Page Number 131 of 223 E2 T F Secs. 44-733.Sign area and height computation.Sign area and height computation.Sign area and height computation. The area of a sign is The area of a sign is The area of a sign is determined by the Administrator using actual dimensions where determined by the Administrator using actual dimensions where determined by the Administrator using actual dimensions where A practical or approximate dimensions when irregularity of a sign shape warrants.practical or approximate dimensions when irregularity of a sign shape warrants.practical or approximate dimensions when irregularity of a sign shape warrants. a.Sign area. Sign area. Sign area. Sign area Sign area Sign area shall be calculated by measuring the entire area within a shall be calculated by measuring the entire area within a shall be calculated by measuring the entire area within a continuous perimeter enclosing the continuous perimeter enclosing the continuous perimeter enclosing the extreme limits of the sign message and extreme limits of the sign message and extreme limits of the sign message and background. background. background. i.i.i.Where the sign is a separate panel, structure, or other material forming a Where the sign is a separate panel, structure, or other material forming a Where the sign is a separate panel, structure, or other material forming a single display, the area of the message display face shall constitute the area single display, the area of the message display face shall constitute the area single display, the area of the message display face shall constitute the area of the sign. of the sign. of the sign. R ii.ii.ii.Where the sign consists of any combiWhere the sign consists of any combiWhere the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, or of a line or lines, to form a display or sign, numbers, figures, illustrations, or of a line or lines, to form a display or sign, numbers, figures, illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed using the outside dimensions of the the area of the sign shall be computed using the outside dimensions of the the area of the sign shall be computed using the outside dimensions of the various words, figures, and illustrations composing the entivarious words, figures, and illustrations composing the entivarious words, figures, and illustrations composing the entire sign. iii.iii.iii.In the case of a sign designed with more than one exterior surface, the area In the case of a sign designed with more than one exterior surface, the area In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface that shall be computed as including only the maximum single display surface that shall be computed as including only the maximum single display surface that D is visible from any ground position at one time. iv.The supports, uprights, bases, or structures on which any sign is supported shall not count towards the sign area unless the supports, uprights, bases, or structures are an integral part of the sign display. b.Sign height.The height of a sign shall be measured by the vertical distance from the ground grade to the top of a sign and includes its support structures. December 11, 2023 City CouncilMeeting Minutes 131 Council Packet Page Number 132 of 223 E2 Secs. 44-734.Prohibited signs. The following signs are prohibited: a.Signs or sign structures attached or supported on balconies, fences, or other non- permanent structures. b.Signs attached or supported on a permanently parked vehicle or semiSigns attached or supported on a permanently parked vehicle or semiSigns attached or supported on a permanently parked vehicle or semi---trailers. This trailers. This trailers. This shall not include signs painted directly on a parked vehicle or semishall not include signs painted directly on a parked vehicle or semishall not include signs painted directly on a parked vehicle or semi---trailer used in the trailer used in the trailer used in the business or facility or on site. c. Signs on rocks, trees, or other natural features or public utility poles. Signs on rocks, trees, or other natural features or public utility poles. Signs on rocks, trees, or other natural features or public utility poles. d.Permanent or temporary signs that have blinking, flashing, or fluttering lights, or that Permanent or temporary signs that have blinking, flashing, or fluttering lights, or that Permanent or temporary signs that have blinking, flashing, or fluttering lights, or that make noise. e.Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. gress for any building structures. gress for any building structures. f.Signs that by reason of location, color, or intensity create a hazard to the safe, Signs that by reason of location, color, or intensity create a hazard to the safe, Signs that by reason of location, color, or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No sign on private property shall efficient movement of vehicles or pedestrian traffic. No sign on private property shall efficient movement of vehicles or pedestrian traffic. No sign on private property shall contain words which might be construed as trafficcontain words which might be construed as trafficcontain words which might be construed as trafficcontrols such as "stop," "caution," controls such as "stop," "caution," controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the site. "warning," etc., unless such sign is intended to direct traffic on the site. "warning," etc., unless such sign is intended to direct traffic on the site. T g.Painted wall signs. h.Roof signs. i.Off-site signs except for where specifically permitted in this article. site signs except for where specifically permitted in this article. site signs except for where specifically permitted in this article. j.Signs having features or incorporaSigns having features or incorporaSigns having features or incorporating parts of any sign prohibited in this article. ting parts of any sign prohibited in this article. ting parts of any sign prohibited in this article. F Secs. 44-735.General regulations and standards.General regulations and standards.General regulations and standards. All signs shall be constructed in a manner and of such materials that they shall be safe and in All signs shall be constructed in a manner and of such materials that they shall be safe and in All signs shall be constructed in a manner and of such materials that they shall be safe and in compliance with the building ordinance. In addition, all signs containing electrical wiring shall be compliance with the building ordinance. In addition, all signs containing electrical wiring shall be compliance with the building ordinance. In addition, all signs containing electrical wiring shall be subject to the provisions of the current state electrical ordinance. subject to the provisions of the current state electrical ordinance. subject to the provisions of the current state electrical ordinance. a.Maintenance.Maintenance.Maintenance.All signs, together with all of their supports, braces, and anchors, shall All signs, together with all of their supports, braces, and anchors, shall All signs, together with all of their supports, braces, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs be kept in repair and in proper state of preservation. The display surfaces of all signs be kept in repair and in proper state of preservation. The display surfaces of all signs A shall be kept neatly painted or posted at all times. Banners shall be designed in such shall be kept neatly painted or posted at all times. Banners shall be designed in such shall be kept neatly painted or posted at all times. Banners shall be designed in such a way as to avoid becoming torn or weathered.a way as to avoid becoming torn or weathered.a way as to avoid becoming torn or weathered. b.Every sign and the immediate surrounding site shall be maintained by the owner or Every sign and the immediate surrounding site shall be maintained by the owner or Every sign and the immediate surrounding site shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition, and free and person in charge thereof in a clean, sanitary, and inoffensive condition, and free and person in charge thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. clear of all obnoxious substances, rubbish, and weeds. clear of all obnoxious substances, rubbish, and weeds. c. c. c. Attachment to buildings.Attachment to buildings.Attachment to buildings.All signs attached to a building shall not obstruct any fire All signs attached to a building shall not obstruct any fire All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window required for light or ventilation. The signs shall escape, exit, standpipe, or any window required for light or ventilation. The signs shall escape, exit, standpipe, or any window required for light or ventilation. The signs shall R be placed flat against the building and project no further than 18 inches from the be placed flat against the building and project no further than 18 inches from the be placed flat against the building and project no further than 18 inches from the building except where specifically allowed in this article. building except where specifically allowed in this article. building except where specifically allowed in this article. d.Freestanding sign placement.Freestanding sign placement.Freestanding sign placement. i.i.i.All signs not attached to any building or structure shall maintain at least a tenAll signs not attached to any building or structure shall maintain at least a tenAll signs not attached to any building or structure shall maintain at least a ten- foot setback from any lot line and shall not be placed in a public rightfoot setback from any lot line and shall not be placed in a public rightfoot setback from any lot line and shall not be placed in a public right-of-way unless specifically stated otherwise in this article. unless specifically stated otherwise in this article. unless specifically stated otherwise in this article. D ii.No such sign shall project over a property line or a public right-of-way, except where allowed in this article, and all required clearances from overhead power and service lines must be maintained. iii.Signs shall not block or obstruct the view of driveways. December 11, 2023 City CouncilMeeting Minutes 132 Council Packet Page Number 133 of 223 E2 iv.Signs placed near the corner of two intersecting streets shall comply with clear sight triangle requirements in Article VII Site Obstructions at Intersections of Chapter 32 – Streets, Sidewalks and Other Public Places. e.Illumination.All illuminated signs must be in compliance with the city's outdoor lighting requirements in section 44-20. In addition, illumination for all signs shall be constant and steady. f.Abandoned signs.Abandoned signs shall be removed by the owner of the site by Abandoned signs shall be removed by the owner of the site by Abandoned signs shall be removed by the owner of the site by removing the sign face, painting the sign face a neutral color or installing blank sign removing the sign face, painting the sign face a neutral color or installing blank sign removing the sign face, painting the sign face a neutral color or installing blank sign face panels. The inner components of the sign must not be exposed. If the sign face face panels. The inner components of the sign must not be exposed. If the sign face face panels. The inner components of the sign must not be exposed. If the sign face is not re-used after one year, the remaining sign structure must be removed unless ne year, the remaining sign structure must be removed unless ne year, the remaining sign structure must be removed unless the Administrator grants an extension subject to the owner submitting a statement of the Administrator grants an extension subject to the owner submitting a statement of the Administrator grants an extension subject to the owner submitting a statement of intent and a reasonable timeline for reuse of the sign structure. intent and a reasonable timeline for reuse of the sign structure. intent and a reasonable timeline for reuse of the sign structure. g.Licensing.All contractors installing permanent signs must first obtain a contractor's All contractors installing permanent signs must first obtain a contractor's All contractors installing permanent signs must first obtain a contractor's license prior to issuance of a sign permit or installation of a permanent sign as defined license prior to issuance of a sign permit or installation of a permanent sign as defined license prior to issuance of a sign permit or installation of a permanent sign as defined in the city contractor and subcontractor ordinance (See Chapter 12, Article VI, in the city contractor and subcontractor ordinance (See Chapter 12, Article VI, in the city contractor and subcontractor ordinance (See Chapter 12, Article VI, Division 2). T Secs. 44-736.Exempt signs. Any sign listed below shall be exempt from obtaining a sign permit but shall be required to d below shall be exempt from obtaining a sign permit but shall be required to d below shall be exempt from obtaining a sign permit but shall be required to meet any general standards identified in this chapter. meet any general standards identified in this chapter. meet any general standards identified in this chapter. a.Any public notice or warning sign required to be maintained or posted by law or Any public notice or warning sign required to be maintained or posted by law or Any public notice or warning sign required to be maintained or posted by law or governmental order, rule, or regulation. governmental order, rule, or regulation. governmental order, rule, or regulation. F b.Flags and emblems that are political or ideological.Flags and emblems that are political or ideological.Flags and emblems that are political or ideological. c. Any sign inside a building that is not attached to an exterior window or not legible from Any sign inside a building that is not attached to an exterior window or not legible from Any sign inside a building that is not attached to an exterior window or not legible from a distance of more than ten feet from outside the building. a distance of more than ten feet from outside the building. a distance of more than ten feet from outside the building. d.Any sign located within a multiAny sign located within a multiAny sign located within a multi---tenant building, such as a mall or an office building, tenant building, such as a mall or an office building, tenant building, such as a mall or an office building, that is only viewable from inside the building.that is only viewable from inside the building.that is only viewable from inside the building. e.Traffic control signs as defined by state law. Traffic control signs as defined by state law. Traffic control signs as defined by state law. A f.Property identification sign.Property identification sign.Property identification sign. g.One wall sign of not more than two square feet for a residence with a permitted home One wall sign of not more than two square feet for a residence with a permitted home One wall sign of not more than two square feet for a residence with a permitted home occupation.occupation.occupation. h.Temporary displays of lights and decorations. Temporary displays of lights and decorations. Temporary displays of lights and decorations. i.i.i.Signs not exceeding nine square feet, located upon private property, and directed Signs not exceeding nine square feet, located upon private property, and directed Signs not exceeding nine square feet, located upon private property, and directed towards the prevention of trespassing.towards the prevention of trespassing.towards the prevention of trespassing. R Secs. 44Secs. 44Secs. 44---737.737.737.Temporary signs. Temporary signs. Temporary signs. Unless specifically identified below, all temporary signs do notUnless specifically identified below, all temporary signs do notUnless specifically identified below, all temporary signs do notrequire a sign permit or a comprehensive sign plan, and shall not count towards the building or property permanent sign comprehensive sign plan, and shall not count towards the building or property permanent sign comprehensive sign plan, and shall not count towards the building or property permanent sign maximum signage allowed: maximum signage allowed: maximum signage allowed: a.Temporary Signs Allowed in Any DistrictTemporary Signs Allowed in Any DistrictTemporary Signs Allowed in Any District i.OnOnOn-site temporary signs D 1.Temporary freestanding sign. a.One nonilluminated temporary freestanding sign not exceeding three square feet in area and no more than three feet in height is permitted on private property for a period not to exceed 30 days, four times per year. December 11, 2023 City CouncilMeeting Minutes 133 Council Packet Page Number 134 of 223 E2 b.No part of such sign shall be closer than five feet to the street pavement or one foot to a sidewalk or trail. Said sign shall not be located between the street and a sidewalk or trail. 2.Temporary signs and displays under 12 square feet in area. a.One nonilluminated temporary sign or display under 12 square feet is allowed per property (except for single and double-dwelling properties) dwelling properties) dwelling properties) for a period not to exceed 30 days total per sign, four times per year. for a period not to exceed 30 days total per sign, four times per year. for a period not to exceed 30 days total per sign, four times per year. b.For commercial buildings with multiple occupants, each separate For commercial buildings with multiple occupants, each separate For commercial buildings with multiple occupants, each separate tenant is permitted one such sign. c. No more than three temporary signs under 12 square feet shall be No more than three temporary signs under 12 square feet shall be No more than three temporary signs under 12 square feet shall be allowed at a property at any one time. 3.Properties with open building permits. a.A property with an open building permit is permitted to have more than A property with an open building permit is permitted to have more than A property with an open building permit is permitted to have more than one temporary construction signone temporary construction signone temporary construction signimmediately prior to or during the immediately prior to or during the immediately prior to or during the construction of a development. construction of a development. construction of a development. b.Each such sign shall not exceed 64 square feet in area and ten feet in Each such sign shall not exceed 64 square feet in area and ten feet in Each such sign shall not exceed 64 square feet in area and ten feet in height. T c. The sign shall be removed within 30 days after major construction has The sign shall be removed within 30 days after major construction has The sign shall be removed within 30 days after major construction has finished. 4.Properties that are for salProperties that are for salProperties that are for sale or rent.e or rent.e or rent. a.One temporary freestanding sign is permitted for each street upon One temporary freestanding sign is permitted for each street upon One temporary freestanding sign is permitted for each street upon which the property has frontage. which the property has frontage. which the property has frontage. F i.For single and doubleFor single and doubleFor single and double---dwelling lots, such sign shall not exceed dwelling lots, such sign shall not exceed dwelling lots, such sign shall not exceed nine square feet in area. nine square feet in area. nine square feet in area. ii.ii.ii.For all other types of property, each sign shall not exceed a ratio of For all other types of property, each sign shall not exceed a ratio of For all other types of property, each sign shall not exceed a ratio of one square foot of sign area for each 1,000 square feet of lot area. one square foot of sign area for each 1,000 square feet of lot area. one square foot of sign area for each 1,000 square feet of lot area. In no case shall the area of any one sign exceed 64 square feet or In no case shall the area of any one sign exceed 64 square feet or In no case shall the area of any one sign exceed 64 square feet or ten feet in height.ten feet in height.ten feet in height. A b.b.b.All such signs shall be removed within seven calendar days of the All such signs shall be removed within seven calendar days of the All such signs shall be removed within seven calendar days of the close of the property or when 90 percent or more of the units on the close of the property or when 90 percent or more of the units on the close of the property or when 90 percent or more of the units on the property have been sold, leased, or rented. property have been sold, leased, or rented. property have been sold, leased, or rented. 5.5.5.Noncommercial signs. Noncommercial signs. Noncommercial signs. a.a.a.Any sign which meets MS § 211B.045.Any sign which meets MS § 211B.045.Any sign which meets MS § 211B.045. b.b.b.One noncommercial sign which shall not be illuminated, exceed 16 One noncommercial sign which shall not be illuminated, exceed 16 One noncommercial sign which shall not be illuminated, exceed 16 square feet in area, and shall be nosquare feet in area, and shall be nosquare feet in area, and shall be nomore than six feet in height. For R multiplemultiplemultiple-unit developments, the sign shall be attached to the dwelling unit or placed in a location that clearly indicates ownership. unit or placed in a location that clearly indicates ownership. unit or placed in a location that clearly indicates ownership. ii.ii.ii.OffOffOff---site temporary signssite temporary signssite temporary signs 1.1.1.OffOffOff-site signs on private property.An off-site sign not exceeding three square feet in area may be placed on private property. Such signs require a permit, shall not be located in the public right-of-way, and the sign D owner/installer must supply written permission to the city from the property owner on which property the sign is installed. Each development is limited to one such sign. 2.Off-site signs in the public right of way.An off-site sign not exceeding three square feet in area and no more than three feet in height may be placed on the public right-of-way. December 11, 2023 City CouncilMeeting Minutes 134 Council Packet Page Number 135 of 223 E2 a.No part of such sign shall be closer than five feet to the street pavement or one foot to a sidewalk or trail. Said sign shall not be placed between the street and a sidewalk or trail. b.Off-site signs may be placed in the public right-of-way for 30 days maximum. 3.Signs for nonprofit or civic businesses.Off-site temporary signs for legally site temporary signs for legally site temporary signs for legally recognized nonprofit businesses (e.g., 501.c3 designations) as well as recognized nonprofit businesses (e.g., 501.c3 designations) as well as recognized nonprofit businesses (e.g., 501.c3 designations) as well as civic organizations (i.e. places of worship, parks, nature centers, historic civic organizations (i.e. places of worship, parks, nature centers, historic civic organizations (i.e. places of worship, parks, nature centers, historic sites, etc.) are allowed in the public right-of-way. a.Said sign is limited to four square feet in area with a maximum of three Said sign is limited to four square feet in area with a maximum of three Said sign is limited to four square feet in area with a maximum of three signs per nonprofit or civic organization. signs per nonprofit or civic organization. signs per nonprofit or civic organization. b.The location of off-site temporary signs must be approved by the city site temporary signs must be approved by the city site temporary signs must be approved by the city prior to installation. b.Temporary Signs on Properties Designated Park in the Maplewood Comprehensive Temporary Signs on Properties Designated Park in the Maplewood Comprehensive Temporary Signs on Properties Designated Park in the Maplewood Comprehensive Plan. i.Temporary signs located within a park and/or sports facility are allowed Temporary signs located within a park and/or sports facility are allowed Temporary signs located within a park and/or sports facility are allowed subject to the following standards: subject to the following standards: subject to the following standards: 1.Banners.Banners may be displayed in parks for special events sponsored Banners may be displayed in parks for special events sponsored Banners may be displayed in parks for special events sponsored or approved by the city. No more than three banners may be displayed per approved by the city. No more than three banners may be displayed per approved by the city. No more than three banners may be displayed per park at any one time. Each banner shall not exceed 64 square feet. park at any one time. Each banner shall not exceed 64 square feet. park at any one time. Each banner shall not exceed 64 square feet. Banners shall be designed to be professional looking and prevented from Banners shall be designed to be professional looking and prevented from Banners shall be designed to be professional looking and prevented from becoming torn or weathered. becoming torn or weathered. becoming torn or weathered. 2.Signs for baseball, softball, and hockey fields. Signs for baseball, softball, and hockey fields. Signs for baseball, softball, and hockey fields. Signs may be allowed with Signs may be allowed with Signs may be allowed with the approval of a comprehensive sign plan as described in section 44the approval of a comprehensive sign plan as described in section 44the approval of a comprehensive sign plan as described in section 44-742. a.Number and size of signs shall be determined by an approved Number and size of signs shall be determined by an approved Number and size of signs shall be determined by an approved comprehensive sign plan.comprehensive sign plan.comprehensive sign plan. b.b.b.No sign shall be illuminated except by No sign shall be illuminated except by No sign shall be illuminated except by the regular sports facility lighting during hours of use. during hours of use. during hours of use. c. c. c. Signs are allowed to be installed for a period of one year during the Signs are allowed to be installed for a period of one year during the Signs are allowed to be installed for a period of one year during the baseball, softball, or hockey season. baseball, softball, or hockey season. baseball, softball, or hockey season. d.d.d.Signs placed at baseball and softball fields shall be located on the Signs placed at baseball and softball fields shall be located on the Signs placed at baseball and softball fields shall be located on the outfield fences or outfield fences or outfield fences or the scoreboard, or both. Such signs shall be oriented the scoreboard, or both. Such signs shall be oriented the scoreboard, or both. Such signs shall be oriented toward the field of play. toward the field of play. toward the field of play. e.e.e.Signs placed at hockey rinks shall be located on the interior sides of Signs placed at hockey rinks shall be located on the interior sides of Signs placed at hockey rinks shall be located on the interior sides of the hockey boards. the hockey boards. the hockey boards. 3.3.3.The Maplewood Parks & Natural Resources Department will administer all The Maplewood Parks & Natural Resources Department will administer all The Maplewood Parks & Natural Resources Department will administer all temporary park and sports facility signs in accordance with the approved temporary park and sports facility signs in accordance with the approved temporary park and sports facility signs in accordance with the approved comprehensive sign plan. comprehensive sign plan. comprehensive sign plan. 4.4.4.Sponsorships collected for such signs will be used to help fund Sponsorships collected for such signs will be used to help fund Sponsorships collected for such signs will be used to help fund recreational facilities within the park in which they are installed. c. Temporary Signs in Residential Temporary Signs in Residential Temporary Signs in Residential Districts. i.In addition to the temporary signs allowed for all zoning districts, the following temporary signs shall be allowed in any residential zoning district unless specifically stated: 1.Temporary banners. a.Temporary banners may be displayed without a permit for residential subdivisions and multiple-unit developments and for all legal December 11, 2023 City CouncilMeeting Minutes 135 Council Packet Page Number 136 of 223 E2 nonresidential uses excluding home occupation businesses for a period not to exceed 60 days per year, per property. b.No more than one banner may be displayed per property at any one time. c. Each banner shall not exceed 32 square feet in area and must be attached to a building or other permanent structure. 2.Temporary signs and displays over 12 square feet. a.One temporary sign or display over 12 square feet is permitted by sign One temporary sign or display over 12 square feet is permitted by sign One temporary sign or display over 12 square feet is permitted by sign permit for up to 30 days per year, per property. The city shall consider permit for up to 30 days per year, per property. The city shall consider permit for up to 30 days per year, per property. The city shall consider a sign displayed for part of a day as having been up for an entire day. a sign displayed for part of a day as having been up for an entire day. a sign displayed for part of a day as having been up for an entire day. b.All signs require a sign permit unless otherwise noted. The permit fee otherwise noted. The permit fee otherwise noted. The permit fee shall not be charged for temporary signs and displays erected by civic shall not be charged for temporary signs and displays erected by civic shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other nonprofit organizations. organizations, religious organizations, or other nonprofit organizations. organizations, religious organizations, or other nonprofit organizations. c. In no case shall the area of the sign exceed 32 square feet in area or In no case shall the area of the sign exceed 32 square feet in area or In no case shall the area of the sign exceed 32 square feet in area or eight feet in height. 3.Ground banner signs. a.Public or institutional uses in any residential district shall be allowed Public or institutional uses in any residential district shall be allowed Public or institutional uses in any residential district shall be allowed T one ground banner sign per every 150 feet of street frontage.one ground banner sign per every 150 feet of street frontage.one ground banner sign per every 150 feet of street frontage. b.Townhouse and apartment developments in the RTownhouse and apartment developments in the RTownhouse and apartment developments in the R---3 district shall be 3 district shall be 3 district shall be allowed one groundallowed one groundallowed one groundbanner sign per every 150 feet of street frontage. banner sign per every 150 feet of street frontage. banner sign per every 150 feet of street frontage. c. The sign shall not exceed 32 square feet in size.The sign shall not exceed 32 square feet in size.The sign shall not exceed 32 square feet in size. d.All ground banner signs shall be removed after 60 days.All ground banner signs shall be removed after 60 days.All ground banner signs shall be removed after 60 days. F d.Temporary Signs in NonTemporary Signs in NonTemporary Signs in Non---Residential Districts.Residential Districts.Residential Districts. i.In addition to the temporary signs allowed for all In addition to the temporary signs allowed for all In addition to the temporary signs allowed for all zoning districts, the following temporary signs shall be allowed in any nontemporary signs shall be allowed in any nontemporary signs shall be allowed in any non---residential zoning district:residential zoning district:residential zoning district: 1.Temporary banners.Temporary banners.Temporary banners. a.a.a.For singleFor singleFor single---tenant buildings, temporary banners may be displayed tenant buildings, temporary banners may be displayed tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed 60 days total per ywithout a sign permit for a period not to exceed 60 days total per ywithout a sign permit for a period not to exceed 60 days total per year. A No more than one banner may be displayed per property at any one No more than one banner may be displayed per property at any one No more than one banner may be displayed per property at any one time. time. time. b.b.b.For multipleFor multipleFor multiple---tenant buildings, each separate tenant may display tenant buildings, each separate tenant may display tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed 60 temporary banners without a sign permit for a period not to exceed 60 temporary banners without a sign permit for a period not to exceed 60 days total per year. No more than one banner may be displayed per days total per year. No more than one banner may be displayed per days total per year. No more than one banner may be displayed per separate tenant at any one time. separate tenant at any one time. separate tenant at any one time. c. c. c. Each banner shall be attached to a building or other permanent Each banner shall be attached to a building or other permanent Each banner shall be attached to a building or other permanent R structure. structure. structure. d.d.d.Maximum size.Maximum size.Maximum size. i.i.i.In the LBC (limited business commercial), CO (commercial office), SC (shopping center), and NC (neighborhood commercial) zoning districtseach banner shall not exceed 32 square feet in size. ii.In the BC (business commercial), BC(M) (business commercial D modified), M-1 (light manufacturing), and M-2 (heavy manufacturing) zoning districts, each banner shall not exceed 64 square feet in size. ii.Temporary window signs. 1.Temporary window signs are allowed without a permit. December 11, 2023 City CouncilMeeting Minutes 136 Council Packet Page Number 137 of 223 E2 2.Temporary window signs shall be attached to the surface of a window, but shall cover no more than 30 percent of the total area of the window. iii.Temporary signs and displays over 12 square feet. 1.One temporary sign or display over 12 square feet is permitted for up to 30 days per year, per business. The time period may be extended to 60 days during the first year of operation of a new business and 90 days for a during the first year of operation of a new business and 90 days for a during the first year of operation of a new business and 90 days for a temporary seasonal business. The cityshall consider a sign displayed for shall consider a sign displayed for shall consider a sign displayed for part of a day as having been up for an entire day. 2.All signs require a sign permit unless otherwise noted. The permit fee shall All signs require a sign permit unless otherwise noted. The permit fee shall All signs require a sign permit unless otherwise noted. The permit fee shall not be charged for temporary signs and displays erected by civic not be charged for temporary signs and displays erected by civic not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other nonprofit organizations or organizations, religious organizations, or other nonprofit organizations or organizations, religious organizations, or other nonprofit organizations or groups. 3.Maximum size. a.In the LBC (limited business commercial), CO (commercial office), SC In the LBC (limited business commercial), CO (commercial office), SC In the LBC (limited business commercial), CO (commercial office), SC (shopping center), and NC (neighborhood commercial) zoning districts(shopping center), and NC (neighborhood commercial) zoning districts(shopping center), and NC (neighborhood commercial) zoning districts each sign or display shall not exceed 32 square feet in size.each sign or display shall not exceed 32 square feet in size.each sign or display shall not exceed 32 square feet in size. b.In the BC (business commercial), BCIn the BC (business commercial), BCIn the BC (business commercial), BC---M (business commercial M (business commercial M (business commercial T modified), M-1 (light manufacturing), and M1 (light manufacturing), and M1 (light manufacturing), and M---2 (heavy manufacturing) 2 (heavy manufacturing) 2 (heavy manufacturing) zoning districts, each sign or display shall not exceed 64 square feet in zoning districts, each sign or display shall not exceed 64 square feet in zoning districts, each sign or display shall not exceed 64 square feet in size. c. No sign or display shall exceedNo sign or display shall exceedNo sign or display shall exceedeight feet in height.eight feet in height.eight feet in height. iv.Ground banner signs.Ground banner signs.Ground banner signs. F 1.One ground banner sign shall be allowed per every 150 feet of street One ground banner sign shall be allowed per every 150 feet of street One ground banner sign shall be allowed per every 150 feet of street frontage. frontage. frontage. 2.The sign shall not exceed 32 square feet in size.The sign shall not exceed 32 square feet in size.The sign shall not exceed 32 square feet in size. 3.All ground banner signs shall be removed after 60 days.All ground banner signs shall be removed after 60 days.All ground banner signs shall be removed after 60 days. e.Temporary Signs in Temporary Signs in Temporary Signs in MixedMixedMixed---Use Districts.Use Districts.Use Districts. i.In addition to the temporary signs allowed for all zoning districts, the following In addition to the temporary signs allowed for all zoning districts, the following In addition to the temporary signs allowed for all zoning districts, the following A temporary signs shall be allowed in the Mixedtemporary signs shall be allowed in the Mixedtemporary signs shall be allowed in the Mixed-Use (MU) and North End (NE) zoning districts:zoning districts:zoning districts: 1.1.1.Temporary bannersTemporary bannersTemporary banners. . . a.a.a.For single tenant buildings, temporary banners may be displayed For single tenant buildings, temporary banners may be displayed For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed 60 days total per year. without a sign permit for a period not to exceed 60 days total per year. without a sign permit for a period not to exceed 60 days total per year. No more than one banner may be displayed per property at any one No more than one banner may be displayed per property at any one No more than one banner may be displayed per property at any one time. time. time. R b.b.b.For multipleFor multipleFor multiple-tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed 60 temporary banners without a sign permit for a period not to exceed 60 temporary banners without a sign permit for a period not to exceed 60 days total per year. No more than one banner may be displayed per days total per year. No more than one banner may be displayed per days total per year. No more than one banner may be displayed per separate tenant at any one time. c. Each banner shall be attached to a building or other permanent structure. D d.No banner shall exceed 32 square feet in area. 2.Temporary window signs. a.Temporary window signs are allowed without a permit in any building or portion of a building occupied by a nonresidential use. December 11, 2023 City CouncilMeeting Minutes 137 Council Packet Page Number 138 of 223 E2 b.Temporary window signs shall be attached to the surface of a window, but shall cover no morethan 30 percent of the total area of the window. 3.Temporary signs and displays over 12 square feet. a.One temporary sign or display over 12 square feet is permitted by sign permit for up to 30 days per year. The time period may be extended to permit for up to 30 days per year. The time period may be extended to permit for up to 30 days per year. The time period may be extended to 60 days during the first year of operation of a new business and 90 60 days during the first year of operation of a new business and 90 60 days during the first year of operation of a new business and 90 days for a temporary seasonal business. The city shall consider a sign days for a temporary seasonal business. The city shall consider a sign days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. displayed for part of a day as having been up for an entire day. displayed for part of a day as having been up for an entire day. b.All signs require a sign permit unless otherwise noted. The permAll signs require a sign permit unless otherwise noted. The permAll signs require a sign permit unless otherwise noted. The permit fee it fee it fee shall not be charged for temporary signs and displays erected by civic shall not be charged for temporary signs and displays erected by civic shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other nonprofit organizations. organizations, religious organizations, or other nonprofit organizations. organizations, religious organizations, or other nonprofit organizations. c. In no case shall the area of the sign exceed 32 square feet in area or In no case shall the area of the sign exceed 32 square feet in area or In no case shall the area of the sign exceed 32 square feet in area or eight feet in height. 4.Ground banner signs. a.One ground banner sign shall be allowed per every 150 feet of street One ground banner sign shall be allowed per every 150 feet of street One ground banner sign shall be allowed per every 150 feet of street frontage. T b.The sign shall not exceed 32 square feet in size.The sign shall not exceed 32 square feet in size.The sign shall not exceed 32 square feet in size. c. All ground banner signs shall be removed after 60 days.All ground banner signs shall be removed after 60 days.All ground banner signs shall be removed after 60 days. f.Exemptions. i.Temporary window and banner signs which exceed the size, number, or time Temporary window and banner signs which exceed the size, number, or time Temporary window and banner signs which exceed the size, number, or time display limits as specified in this Section may apply for an exemption as display limits as specified in this Section may apply for an exemption as display limits as specified in this Section may apply for an exemption as F described below:described below:described below: 1.Short-term exemption (up to three months).term exemption (up to three months).term exemption (up to three months). a.Applicant shall submit a temporary sign permit application and fee to Applicant shall submit a temporary sign permit application and fee to Applicant shall submit a temporary sign permit application and fee to the Administrator.the Administrator.the Administrator. b.b.b.The The The Administrator shall approve the shortAdministrator shall approve the shortAdministrator shall approve the short-term exemption if the applicant shows that there are unusual circumstances with the request. applicant shows that there are unusual circumstances with the request. applicant shows that there are unusual circumstances with the request. A c. c. c. The Administrator may attach conditions to the approval to assure that The Administrator may attach conditions to the approval to assure that The Administrator may attach conditions to the approval to assure that the sign will be compatible with surrounding propertithe sign will be compatible with surrounding propertithe sign will be compatible with surrounding properties. 2.2.2.LongLongLong---term exemption (longer than three months). term exemption (longer than three months). term exemption (longer than three months). a.a.a.Applicant shall submit a comprehensive sign plan as specified in Applicant shall submit a comprehensive sign plan as specified in Applicant shall submit a comprehensive sign plan as specified in section 44section 44section 44---742 and fee to the city. 742 and fee to the city. 742 and fee to the city. b.b.b.The community design review board shall approve the longThe community design review board shall approve the longThe community design review board shall approve the long-term exemption if the applicant shows that there are unusual circumstances exemption if the applicant shows that there are unusual circumstances exemption if the applicant shows that there are unusual circumstances R with the request. with the request. with the request. c. c. c. The community design review board may attach conditions to the The community design review board may attach conditions to the The community design review board may attach conditions to the approval to assure that the sign will be compatible with surrounding approval to assure that the sign will be compatible with surrounding approval to assure that the sign will be compatible with surrounding properties. Secs. 44-738.Permanent signs.Permanent signs.Permanent signs. D Unless specifically identified below, all permanent signs require a sign permit and shall count towards the building or property maximum signage allowed: a.Permanent Signs on Properties Designated Park in the Maplewood Comprehensive Plan. December 11, 2023 City CouncilMeeting Minutes 138 Council Packet Page Number 139 of 223 E2 i.Wall signs. One wall sign up to 24 square feet per street frontage shall be allowed for each park building. The sign may be affixed to the wall of the building or an overhanging canopy or awning. ii.Monument signs. One monument sign up to 32 square feet per street frontage shall be allowed to identify each park. Said sign shall be a maximum of six feet in height. The sign shall be designed to be architecturally compatible with the in height. The sign shall be designed to be architecturally compatible with the in height. The sign shall be designed to be architecturally compatible with the park structures and buildings with the base of the sign consisting of colors and park structures and buildings with the base of the sign consisting of colors and park structures and buildings with the base of the sign consisting of colors and materials compatible to the structures or buildings. b.Permanent Signs in Residential Districts. i.Wall sign. One wall sign up to 24 square feet per street frontage shall be Wall sign. One wall sign up to 24 square feet per street frontage shall be Wall sign. One wall sign up to 24 square feet per street frontage shall be allowed for residentialsubdivisions, townhomes, livesubdivisions, townhomes, livesubdivisions, townhomes, live---work buildings, work buildings, work buildings, apartments, and for all legal nonresidential uses excluding home occupation apartments, and for all legal nonresidential uses excluding home occupation apartments, and for all legal nonresidential uses excluding home occupation businesses. The sign may be affixed to the wall of the main building or an businesses. The sign may be affixed to the wall of the main building or an businesses. The sign may be affixed to the wall of the main building or an overhanging canopy or awning. ii.Window signs. No window signs are allowed. Window signs. No window signs are allowed. Window signs. No window signs are allowed. iii.Monument sign. One monument sign up to 32 square feet per street frontage Monument sign. One monument sign up to 32 square feet per street frontage Monument sign. One monument sign up to 32 square feet per street frontage shall be allowed by sign permit for residential subdivisions and multipleshall be allowed by sign permit for residential subdivisions and multipleshall be allowed by sign permit for residential subdivisions and multiple-unit T developments and for all legal nonresidential uses excluding home occupation developments and for all legal nonresidential uses excluding home occupation developments and for all legal nonresidential uses excluding home occupation businesses. Said sign shall be a maximum of six feet in height. The sign shall s. Said sign shall be a maximum of six feet in height. The sign shall s. Said sign shall be a maximum of six feet in height. The sign shall be designed to be architecturally compatible with the building or project with be designed to be architecturally compatible with the building or project with be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the the base of the sign consisting of colors and materials compatible to the the base of the sign consisting of colors and materials compatible to the building or project. building or project. building or project. F iv.Changeable copy message boards. Changeable copy message boards are copy message boards. Changeable copy message boards are copy message boards. Changeable copy message boards are permitted as part of a permanent freestanding monument sign or wall sign for permitted as part of a permanent freestanding monument sign or wall sign for permitted as part of a permanent freestanding monument sign or wall sign for all legal nonresidential uses excluding home occupation businesses. The all legal nonresidential uses excluding home occupation businesses. The all legal nonresidential uses excluding home occupation businesses. The message board shall not comprise more than 70 percent of the total square message board shall not comprise more than 70 percent of the total square message board shall not comprise more than 70 percent of the total square footage of said sign. footage of said sign. footage of said sign. v.OnOnOn---site dynamic display signs for permitted institutional or public uses. (Refer site dynamic display signs for permitted institutional or public uses. (Refer site dynamic display signs for permitted institutional or public uses. (Refer A to section 44to section 44to section 44---739 739 739 - - - dynamic display signs). dynamic display signs). dynamic display signs). c. Permanent Signs in NonPermanent Signs in NonPermanent Signs in Non---Residential DistrictsResidential DistrictsResidential Districts. i.i.i.LBC (limited business commercial), CO LBC (limited business commercial), CO LBC (limited business commercial), CO (commercial office), SC (shopping center), and NC (neighborhood commercial) zoning districts: center), and NC (neighborhood commercial) zoning districts: center), and NC (neighborhood commercial) zoning districts: 1.1.1.Wall signs.Wall signs.Wall signs. a.a.a.For each occupant of a building, one wall sign is allowed for each For each occupant of a building, one wall sign is allowed for each For each occupant of a building, one wall sign is allowed for each street upon which the property has frontage. The total number of wall street upon which the property has frontage. The total number of wall street upon which the property has frontage. The total number of wall R signs may besigns may besigns may beincreased by one for each clearly differentiated department of a business or enterprise. department of a business or enterprise. department of a business or enterprise. b.b.b.The total area of any one wall sign shall not cover more than 20 The total area of any one wall sign shall not cover more than 20 The total area of any one wall sign shall not cover more than 20 percent of the wall surface to which the sign is attached or 32 square feet, whichever is greater. As an alternative, a wall sign may be placed on an overhanging awning or canopy as long as the wall sign does not D exceed 50 percent of the face of the awning or canopy, or 32 square feet, whichever is less. c. For multiple tenant buildings, the wall surface for each tenant or user shall include only the surface area of the exterior façade of the site occupied by such tenant or user. December 11, 2023 City CouncilMeeting Minutes 139 Council Packet Page Number 140 of 223 E2 d.A window sign may be substituted for all or a portion of the allowable wall signage area as long as the window sign, which includes all pieces that convey the commercial brand, does not cover more than 1/3 of the window or door in which the sign is placed. 2.Freestanding signs. a.One freestanding sign up to 64 square feet in area and ten feet in One freestanding sign up to 64 square feet in area and ten feet in One freestanding sign up to 64 square feet in area and ten feet in height is permitted for each street upon which the property has height is permitted for each street upon which the property has height is permitted for each street upon which the property has frontage. b.For buildings or developments with multiple street frontages, each For buildings or developments with multiple street frontages, each For buildings or developments with multiple street frontages, each additional freestanding sign must be located on a different street. Each additional freestanding sign must be located on a different street. Each additional freestanding sign must be located on a different street. Each freestanding sign must be separated by more than 100 feet measured freestanding sign must be separated by more than 100 feet measured freestanding sign must be separated by more than 100 feet measured in a straightline between the signs. c. The sign shall be designed to be architecturally compatible with the The sign shall be designed to be architecturally compatible with the The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and building or project with the base of the sign consisting of colors and building or project with the base of the sign consisting of colors and materials compatible to the building or project. materials compatible to the building or project. materials compatible to the building or project. d.The area around the base of the sign shall also be landscaped The area around the base of the sign shall also be landscaped The area around the base of the sign shall also be landscaped including the bottom of a pylon sign. including the bottom of a pylon sign. including the bottom of a pylon sign. T 3.Changeable copy message boards. Changeable copy message boards. Changeable copy message boards. Changeable copy message boards Changeable copy message boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are permitted as part of a permanent freestanding sign or wall sign but are permitted as part of a permanent freestanding sign or wall sign but shall comprise no more than 70 percent of the total square footage of said shall comprise no more than 70 percent of the total square footage of said shall comprise no more than 70 percent of the total square footage of said sign. 4.On-site dynamic display signs for permitted institutional or public uses. site dynamic display signs for permitted institutional or public uses. site dynamic display signs for permitted institutional or public uses. F (Refer to section 44(Refer to section 44(Refer to section 44---739 739 739 - - - dynamic display signs). dynamic display signs). dynamic display signs). ii.BC (business commercial), BCBC (business commercial), BCBC (business commercial), BC---M (business commercial modified), MM (business commercial modified), MM (business commercial modified), M-1 (light manufacturing), and Mmanufacturing), and Mmanufacturing), and M---2 (heavy manufacturing) zoning districts: 2 (heavy manufacturing) zoning districts: 2 (heavy manufacturing) zoning districts: 1.Signage requirements for specific uses, including gas station canopies, Signage requirements for specific uses, including gas station canopies, Signage requirements for specific uses, including gas station canopies, auto dealerships, and driveauto dealerships, and driveauto dealerships, and drive---throughs are listed in sections 44throughs are listed in sections 44throughs are listed in sections 44-351 and 44- 352 principal and accessory use352 principal and accessory use352 principal and accessory use---specific standards. specific standards. specific standards. A 2.2.2.Wall signs.Wall signs.Wall signs. a.a.a.For each occupant of a building, one wall sign is allowed for each For each occupant of a building, one wall sign is allowed for each For each occupant of a building, one wall sign is allowed for each street upon which the property has frontage. The total number of wall street upon which the property has frontage. The total number of wall street upon which the property has frontage. The total number of wall signs may be increased by one for each clearly differentiated signs may be increased by one for each clearly differentiated signs may be increased by one for each clearly differentiated department of a business or enterprise. department of a business or enterprise. department of a business or enterprise. b.b.b.The total size oThe total size oThe total size of all wall signage for single-tenant buildings is determined by the gross square footage of the principal structure on determined by the gross square footage of the principal structure on determined by the gross square footage of the principal structure on R the property. The total coverage area of each wall sign, including each the property. The total coverage area of each wall sign, including each the property. The total coverage area of each wall sign, including each differentiated business, shall be based on the wall surface to which the differentiated business, shall be based on the wall surface to which the differentiated business, shall be based on the wall surface to which the sign is attached. The following table indicates maximum signage sign is attached. The following table indicates maximum signage sign is attached. The following table indicates maximum signage permitted for single-tenant buildings: Principal Structure Gross Maximum Size and Coverage Square Feet of Floor AreaArea of Each Sign D Less than 10,000 sq. ft.80 sq. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sq. ft.100 sq. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sq. ft.150 sq. ft. or 15% of wall face, whichever is less December 11, 2023 City CouncilMeeting Minutes 140 Council Packet Page Number 141 of 223 E2 Greater than 100,000 sq. ft.200 sq. ft. or 10% of wall face, whichever is less c. The total coverage area of each wall sign for multiple-tenant buildings is ten percent of the surface area of the exterior façade of the site occupied by such tenant, or 32 square feet, whichever is more. occupied by such tenant, or 32 square feet, whichever is more. occupied by such tenant, or 32 square feet, whichever is more. d.A wall sign may be attached to an overhanging awning or canopy, A wall sign may be attached to an overhanging awning or canopy, A wall sign may be attached to an overhanging awning or canopy, instead of the façade of the building, as long as the wall sign does not instead of the façade of the building, as long as the wall sign does not instead of the façade of the building, as long as the wall sign does not exceed 50 percent of the face of the awning or canopy, or the exceed 50 percent of the face of the awning or canopy, or the exceed 50 percent of the face of the awning or canopy, or the maximum size specified above, whichever is less. maximum size specified above, whichever is less. maximum size specified above, whichever is less. e.A window sign may be substituted for all or a portion of the allowable A window sign may be substituted for all or a portion of the allowable A window sign may be substituted for all or a portion of the allowable wall signage area as long as the window sign, which includes all wall signage area as long as the window sign, which includes all wall signage area as long as the window sign, which includes all pieces that convey the commercial brand, does not cover more than pieces that convey the commercial brand, does not cover more than pieces that convey the commercial brand, does not cover more than 1/3 of the window or door in which the sign is placed.1/3 of the window or door in which the sign is placed.1/3 of the window or door in which the sign is placed. 3.Freestanding signs. a.One freestanding sign is permitted for each street upon which the One freestanding sign is permitted for each street upon which the One freestanding sign is permitted for each street upon which the property has frontage. For properties with multiple street frontages, property has frontage. For properties with multiple street frontages, property has frontage. For properties with multiple street frontages, TTTTTTTTTTTTTTTTTTTTTT each additional freestanding sign must be located on a different street each additional freestanding sign must be located on a different street each additional freestanding sign must be located on a different street and each sign must be separated byand each sign must be separated byand each sign must be separated bymore than 100 feet measured in a more than 100 feet measured in a more than 100 feet measured in a straight line between signs, excluding auto dealerships. straight line between signs, excluding auto dealerships. straight line between signs, excluding auto dealerships. b.The total size and maximum height of each freestanding sign is The total size and maximum height of each freestanding sign is The total size and maximum height of each freestanding sign is determined by the street classification (as designated in the determined by the street classification (as designated in the determined by the street classification (as designated in the FFFFFFFFFFFFFFFFFFFFFF Maplewood Comprehensive Plan) of the closest street to which each Maplewood Comprehensive Plan) of the closest street to which each Maplewood Comprehensive Plan) of the closest street to which each freestanding sign is located. In the case of signs located at an freestanding sign is located. In the case of signs located at an freestanding sign is located. In the case of signs located at an intersection, the higher ranking street classification should be used to intersection, the higher ranking street classification should be used to intersection, the higher ranking street classification should be used to determine the maximum height and size allowable for a freestanding determine the maximum height and size allowable for a freestanding determine the maximum height and size allowable for a freestanding sign. Businesses that are located on a frontage road designed to sign. Businesses that are located on a frontage road designed to sign. Businesses that are located on a frontage road designed to provide safe access to minor arterials and principal arterials shall be provide safe access to minor arterials and principal arterials shall be provide safe access to minor arterials and principal arterials shall be AAAAAAAAAAAAAAAAAAAAAA permitted to erect a freestanding sign up to the determined maximum permitted to erect a freestanding sign up to the determined maximum permitted to erect a freestanding sign up to the determined maximum height and size allowable for a freestanding sign on said minor arterial height and size allowable for a freestanding sign on said minor arterial height and size allowable for a freestanding sign on said minor arterial orororprincipal arterial road to which it is adjacent. principal arterial road to which it is adjacent. principal arterial road to which it is adjacent. c. c. c. The following table lists the maximum size and heights permitted for The following table lists the maximum size and heights permitted for The following table lists the maximum size and heights permitted for freestanding signs: freestanding signs: freestanding signs: Classification of Street Classification of Street Classification of Street Maximum Sign Size Maximum Sign Size Maximum Sign Size Maximum Height of Maximum Height of Abutting Property Abutting Property Abutting Property (sq. ft.) (sq. ft.) (sq. ft.) Pylon Sign (feet) Monument Sign (feet) RRRRRRRRRRRRRRRRRRRRRR Principal Arterial Principal Arterial Principal Arterial 180 180 180 25 12 Minor Arterial Minor Arterial Minor Arterial 140 140 140 20 12 Collector Street Collector Street Collector Street 100 100 100 15 10 Local Street 80 80 80 12 10 d.The freestanding sign shall be designed to be architecturally compatible with the building or project, with the base of the sign, DDDDDDDDDDDDDDDDDDDDDD including pylon sign poles, consisting of materials and colors compatible to the building or project. 4.Changeable copy messageboards. Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than 70 percent of the total square footage of said sign. December 11, 2023 City CouncilMeeting Minutes 141 Council Packet Page Number 142 of 223 E2 5.On-site and off-site dynamic display signs. (Refer to section 44-739 - dynamic display signs). 6.Billboards. a.Off-site billboards shall only be permitted with a conditional use permit and may only be located adjacent to a principal arterial street in the SC (shopping center), BC (business commercial), M-1 (light (light (light manufacturing), and M-2 (heavy manufacturing) districts. 2 (heavy manufacturing) districts. 2 (heavy manufacturing) districts. b.Spacing. No billboard shall be located within 2,300 feet of another Spacing. No billboard shall be located within 2,300 feet of another Spacing. No billboard shall be located within 2,300 feet of another billboard on the same side of the street, within 100 feet to a billboard on the same side of the street, within 100 feet to a billboard on the same side of the street, within 100 feet to a commercial, industrial, institutional building, or an oncommercial, industrial, institutional building, or an oncommercial, industrial, institutional building, or an on---sitsitsite sign, within e sign, within e sign, within 250 feet of a residential district, or within 800 feet of a residence. 250 feet of a residential district, or within 800 feet of a residence. 250 feet of a residential district, or within 800 feet of a residence. Billboards shall maintain a setback of 50 feet from any property line, Billboards shall maintain a setback of 50 feet from any property line, Billboards shall maintain a setback of 50 feet from any property line, 500 feet to a local park, and 300 feet from the nearest intersecting 500 feet to a local park, and 300 feet from the nearest intersecting 500 feet to a local park, and 300 feet from the nearest intersecting street corner of two public roads. ads. ads. c. Size. The maximum area of the sign face of a billboard shall not Size. The maximum area of the sign face of a billboard shall not Size. The maximum area of the sign face of a billboard shall not exceed 450 square feet, including border and trim, but excluding base, exceed 450 square feet, including border and trim, but excluding base, exceed 450 square feet, including border and trim, but excluding base, apron supports, and other structural members. The maximum size apron supports, and other structural members. The maximum size apron supports, and other structural members. The maximum size T limitation shall apply to each side of a sign struclimitation shall apply to each side of a sign struclimitation shall apply to each side of a sign structure. ture. ture. d.The maximum height for billboards shall be 35 feet. The maximum height for billboards shall be 35 feet. The maximum height for billboards shall be 35 feet. e.A billboard may only display one message at a time on any sign face. A billboard may only display one message at a time on any sign face. A billboard may only display one message at a time on any sign face. f.Signs may be placed backSigns may be placed backSigns may be placed back---tototo---back or in a Vback or in a Vback or in a V---type arrangement if there type arrangement if there type arrangement if there are no more than two sign faces, provided that the open end are no more than two sign faces, provided that the open end are no more than two sign faces, provided that the open end F separation shall not exceed 15 feet. separation shall not exceed 15 feet. separation shall not exceed 15 feet. d.Permanent Signs in MixedPermanent Signs in MixedPermanent Signs in Mixed---Use and North End Districts. Use and North End Districts. Use and North End Districts. i.The following signs shall be allowed in the MixedThe following signs shall be allowed in the MixedThe following signs shall be allowed in the Mixed-Use (MU) and North End (NE) zoning districts:(NE) zoning districts:(NE) zoning districts: 1.Signage requirements for minor motor vehicle stations are listed in Signage requirements for minor motor vehicle stations are listed in Signage requirements for minor motor vehicle stations are listed in sections 44sections 44sections 44---351 and 44351 and 44351 and 44---352 principal and accessory use352 principal and accessory use352 principal and accessory use-specific A standards. standards. standards. 2.2.2.Building signs.Building signs.Building signs. a.a.a.Building signage in the MU and NE districts may include wall, Building signage in the MU and NE districts may include wall, Building signage in the MU and NE districts may include wall, projecting, window, or awning/canopy signage. projecting, window, or awning/canopy signage. projecting, window, or awning/canopy signage. b.b.b.Total allowable area of all building signage for each establishment is Total allowable area of all building signage for each establishment is Total allowable area of all building signage for each establishment is one and oneone and oneone and one-half square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or 32 frontage on a road, public open space or private parking area, or 32 frontage on a road, public open space or private parking area, or 32 R square feet, whichever is greater. square feet, whichever is greater. square feet, whichever is greater. c. c. c. Each wall shall be calculated individually and sign area may not be Each wall shall be calculated individually and sign area may not be Each wall shall be calculated individually and sign area may not be transferred to another side of the building. transferred to another side of the building. transferred to another side of the building. d.d.d.Wall signs shall not cover windows or architectural trim and detail. e.No part of a building sign shall be placed higher than the sills of the second-story window of a multi-story building. D f.Additional standards for projecting signs. i.Projecting signs may not extend more than four feet over a public right-of-way, private road, or sidewalk/trail, and must not project out further than the sign's height. ii.Projecting signs shall have a minimum clearance of eight feet above ground level, unless projecting over a vehicular right-of-way, December 11, 2023 City CouncilMeeting Minutes 142 Council Packet Page Number 143 of 223 E2 in which case minimum clearance shall be 14 feet. Projecting signs shall be no larger than 20 square feet per sign face. g.Window signs. A window sign, which includes all pieces that convey the commercial brand, shall not cover more than 1/3 of the window or door in which the sign is placed. h.Awning/canopy signs. Signs on street-level awnings/canopies are level awnings/canopies are level awnings/canopies are permitted if the sign on each awning/canopy is either less than seven permitted if the sign on each awning/canopy is either less than seven permitted if the sign on each awning/canopy is either less than seven square feet in size or eight inches in height, is located on the face of square feet in size or eight inches in height, is located on the face of square feet in size or eight inches in height, is located on the face of the awning/canopy (valance or skirt), and is parallel to the buithe awning/canopy (valance or skirt), and is parallel to the buithe awning/canopy (valance or skirt), and is parallel to the building lding lding façade. Where there are multiple awnings on a building, all awning façade. Where there are multiple awnings on a building, all awning façade. Where there are multiple awnings on a building, all awning signs shall have a consistent size and location on the awnings. signs shall have a consistent size and location on the awnings. signs shall have a consistent size and location on the awnings. 3.Monument signs.One monument sign for each establishment is allowed if One monument sign for each establishment is allowed if One monument sign for each establishment is allowed if the building is set back at least 20 feet from the front property line. the building is set back at least 20 feet from the front property line. the building is set back at least 20 feet from the front property line. Monument signs must meet the following requirements: Monument signs must meet the following requirements: Monument signs must meet the following requirements: a.Limited to six feet in height and 40 square feet. Limited to six feet in height and 40 square feet. Limited to six feet in height and 40 square feet. b.Maintain a five-foot setback from any side or rear property line, but can foot setback from any side or rear property line, but can foot setback from any side or rear property line, but can be constructed up to the front property line. be constructed up to the front property line. be constructed up to the front property line. T c. Must consist of a base constructed of materials and design features consist of a base constructed of materials and design features consist of a base constructed of materials and design features similar to those of the front façade of the building or development. similar to those of the front façade of the building or development. similar to those of the front façade of the building or development. d.Must be landscaped with flowers or shrubbery or integrated into a Must be landscaped with flowers or shrubbery or integrated into a Must be landscaped with flowers or shrubbery or integrated into a plaza area. plaza area. plaza area. 4.Lighting.Signage lighting in the MU or NE districts is permitted as long as Signage lighting in the MU or NE districts is permitted as long as Signage lighting in the MU or NE districts is permitted as long as F it does not cast illumination on residential units and meets one of the it does not cast illumination on residential units and meets one of the it does not cast illumination on residential units and meets one of the following standards of external or internal illumination:following standards of external or internal illumination:following standards of external or internal illumination: a.External illumination.External illumination.External illumination. i.i.i.The light source shall be a separate fixture directed onto the sign The light source shall be a separate fixture directed onto the sign The light source shall be a separate fixture directed onto the sign face; or face; or face; or ii.ii.ii.A halo effect/reverse illumination is used, which is an external light A halo effect/reverse illumination is used, which is an external light A halo effect/reverse illumination is used, which is an external light A source behind the sign face or individual letters.source behind the sign face or individual letters.source behind the sign face or individual letters. b.b.b.Internal illumination.Internal illumination.Internal illumination. i.i.i.An internal light source shall be permitted only for a sign that is An internal light source shall be permitted only for a sign that is An internal light source shall be permitted only for a sign that is less than 200 square inches in size that is made of exposed neon less than 200 square inches in size that is made of exposed neon less than 200 square inches in size that is made of exposed neon or LED that has the appearance of exposed neon. or LED that has the appearance of exposed neon. or LED that has the appearance of exposed neon. Secs. 44Secs. 44Secs. 44---739.739.739.Dynamic display signs.Dynamic display signs.Dynamic display signs. R Dynamic displays are allowed as stated in this article with significant controls to minimize Dynamic displays are allowed as stated in this article with significant controls to minimize Dynamic displays are allowed as stated in this article with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. their proliferation and their potential threats to public health, safety, and welfare. their proliferation and their potential threats to public health, safety, and welfare. a.General Standards. General Standards. General Standards. All dynamic display signs shall meet the following standards: i.i.i.The images and messages displayed shall be static. Unless otherwise The images and messages displayed shall be static. Unless otherwise The images and messages displayed shall be static. Unless otherwise specified, each display shall be maintainedspecified, each display shall be maintainedspecified, each display shall be maintainedfor a minimum of 15 seconds. ii.The transition from one display to another shall be instantaneous without any The transition from one display to another shall be instantaneous without any The transition from one display to another shall be instantaneous without any D special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. No portion of the images may flash, scroll, twirl,change color, or in any manner imitate movement. iii.The images and messages displayed shall be complete in themselves, without continuation in content to the next image or message or to any other sign. iv.Only one, contiguous dynamic display area is allowed on a sign face. December 11, 2023 City CouncilMeeting Minutes 143 Council Packet Page Number 144 of 223 E2 v.Audio speakers or any audio component is prohibited. The sign shall not emit any sound. vi.Every line of copy and graphics in a dynamic display shall be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. vii.Dynamic display signs must be designed and equipped to freeze the device in Dynamic display signs must be designed and equipped to freeze the device in Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with one position if a malfunction occurs. The displays must also be equipped with one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign a means to immediately discontinue the display if it malfunctions, and the sign a means to immediately discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notifiedowner must stop the dynamic display within one hour of being notifiedowner must stop the dynamic display within one hour of being notifiedby the by the by the city that it is not meeting the standards of this article. city that it is not meeting the standards of this article. city that it is not meeting the standards of this article. viii.Brightness standards. 1.The following brightness standards are required for all dynamic display The following brightness standards are required for all dynamic display The following brightness standards are required for all dynamic display signs: a.No sign shall be brighter than is necessary for clear and adequate No sign shall be brighter than is necessary for clear and adequate No sign shall be brighter than is necessary for clear and adequate visibility. T b.No sign shall be of such intensity or brilliance as to impair the vision of No sign shall be of such intensity or brilliance as to impair the vision of No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere a motor vehicle driver with average eyesight or to otherwise interfere a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. with the driver's operation of a motor vehicle. with the driver's operation of a motor vehicle. c. No sign may be of such intensity or brilliance that it interferes with the No sign may be of such intensity or brilliance that it interferes with the No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. effectiveness of an official traffic sign, device or signal. effectiveness of an official traffic sign, device or signal. F 2.The person owning or controlling the sign must adjust the sign to meet the The person owning or controlling the sign must adjust the sign to meet the The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The brightness standards in accordance with the city's instructions. The brightness standards in accordance with the city's instructions. The adjustment must be made within one hour upon notice of noncompliance adjustment must be made within one hour upon notice of noncompliance adjustment must be made within one hour upon notice of noncompliance from the city. from the city. from the city. 3.All dynamic display signs installed after August of 2008 must be equipped All dynamic display signs installed after August of 2008 must be equipped All dynamic display signs installed after August of 2008 must be equipped with a mechanism that automatically adjusts the brightness in response to with a mechanism that automatically adjusts the brightness in response to with a mechanism that automatically adjusts the brightness in response to A ambient conditions. These signs must also be equipped withambient conditions. These signs must also be equipped withambient conditions. These signs must also be equipped witha means to immediately turn off the display or lighting if the sign malfunctions, and the immediately turn off the display or lighting if the sign malfunctions, and the immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour sign owner or operator must turn off the sign or lighting within one hour sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this after being notified by the city that it is not meeting the standards of this after being notified by the city that it is not meeting the standards of this section. section. section. 4.4.4.DynDynDynamic displays must have an automatic dimmer control to produce a amic displays must have an automatic dimmer control to produce a amic displays must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level distinct illumination change from a higher illumination level to a lower level distinct illumination change from a higher illumination level to a lower level R for the time period between a ½for the time period between a ½for the time period between a ½-hour before sunset and a ½-hour after sunrise. sunrise. sunrise. 5.5.5.In addition to the brightness standards required above, dynamic display In addition to the brightness standards required above, dynamic display In addition to the brightness standards required above, dynamic display signs shall meet the city's outdoor lighting requirements (subsection 44signs shall meet the city's outdoor lighting requirements (subsection 44signs shall meet the city's outdoor lighting requirements (subsection 44-20 c(1)). ix.Reduction of sign surfaces for offReduction of sign surfaces for offReduction of sign surfaces for off-site dynamic display signs. D 1.A person or sign operator may obtain a permit for a dynamic display sign on one surface of an existing off-site sign if the following requirements are met: a.The applicant agrees in writing to reduce its off-site sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-site sign in the city that is owned or December 11, 2023 City CouncilMeeting Minutes 144 Council Packet Page Number 145 of 223 E2 leased by the applicant, which sign surface must satisfy the criteria of part b. of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface.The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash identify the sign surface to be removed and be accompanied by a cash identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to deposit or letter of credit acceptable to the city attorney sufficient to deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree pay the city's costs for that removal. The applicant must also agree pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to that it is removing the sign surface voluntarily and that it has no right to that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. compensation for the removed sign surface under any law. compensation for the removed sign surface under any law. Replacement of an existing sign surface Replacement of an existing sign surface Replacement of an existing sign surface of an offof an offof an off---site sign with a site sign with a site sign with a dynamic display sign does not constitute a removal of a sign surface. dynamic display sign does not constitute a removal of a sign surface. dynamic display sign does not constitute a removal of a sign surface. b.If the removed sign surface is one that a state permit is required by If the removed sign surface is one that a state permit is required by If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon state law, the applicant must surrender its permit to the state upon state law, the applicant must surrender its permit to the state upon removal of the signsurface. The sign that is the subject of the dynamic surface. The sign that is the subject of the dynamic surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or display sign permit cannot begin to operate until the sign owner or display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been operator provides proof to the city that the state permit has been operator provides proof to the city that the state permit has been T surrendered. 2.If the applicant meets the permit requirements noted If the applicant meets the permit requirements noted If the applicant meets the permit requirements noted above, the city shall above, the city shall above, the city shall issue a dynamic display sign permit for the designated offissue a dynamic display sign permit for the designated offissue a dynamic display sign permit for the designated off-site sign. This permit will allow a dynamic display to occupy 100 percent of the potential permit will allow a dynamic display to occupy 100 percent of the potential permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every copy and graphic area and to change no more frequently than once every copy and graphic area and to change no more frequently than once every F 15 seconds. T15 seconds. T15 seconds. The designated sign must meet all other requirements of this he designated sign must meet all other requirements of this he designated sign must meet all other requirements of this article. x. Licensing.Licensing.Licensing.No person shall operate any dynamic display sign in the city without No person shall operate any dynamic display sign in the city without No person shall operate any dynamic display sign in the city without first obtaining a yearly license as defined in the city licensing ordinance first obtaining a yearly license as defined in the city licensing ordinance first obtaining a yearly license as defined in the city licensing ordinance (Chapter 14, Article II). (Chapter 14, Article II). (Chapter 14, Article II). xi.Public safety.Public safety.Public safety.If city staff determines that a dynamic display sign is not being If city staff determines that a dynamic display sign is not being If city staff determines that a dynamic display sign is not being A operated pursuant to this section due to its location or display capabilities, city operated pursuant to this section due to its location or display capabilities, city operated pursuant to this section due to its location or display capabilities, city staff may require that the sign be moved, removed, or modified after notice to staff may require that the sign be moved, removed, or modified after notice to staff may require that the sign be moved, removed, or modified after notice to the propertythe propertythe propertyowner. owner. owner. b.Zoning District Standards.Zoning District Standards.Zoning District Standards. In addition to the general standards above, dynamic In addition to the general standards above, dynamic In addition to the general standards above, dynamic display signs shall adhere to the following districtdisplay signs shall adhere to the following districtdisplay signs shall adhere to the following district-specific requirements: i.i.i.OnOnOn---site dynamic display signs in conjunction with a permitted institutional or site dynamic display signs in conjunction with a permitted institutional or site dynamic display signs in conjunction with a permitted institutional or public use in the residential, LBC, CO, SC, and NC zoning districts are public use in the residential, LBC, CO, SC, and NC zoning districts are public use in the residential, LBC, CO, SC, and NC zoning districts are R permitted subject to the following conditions:permitted subject to the following conditions:permitted subject to the following conditions: 1.1.1.Dynamic display signs require approval of a comprehensive sign plan. Dynamic display signs require approval of a comprehensive sign plan. Dynamic display signs require approval of a comprehensive sign plan. 2.2.2.All properties within 350 feet of a proposed dynamic display sign shall be All properties within 350 feet of a proposed dynamic display sign shall be All properties within 350 feet of a proposed dynamic display sign shall be notinotinotified of the application for a comprehensive sign plan. 3.3.3.Dynamic display signs are only permitted on monument signs. The area around the base of the sign shall be landscaped. D 4.One dynamic display sign as part of a monument sign is permitted for each property. The entire monument sign shall not exceed eight feet in height and 50 square feet in size. 5.The digital display portion of the sign shall not comprise more than 50 percent of the sign area. The remainder of the sign shall not have the capability to havea dynamic display. December 11, 2023 City CouncilMeeting Minutes 145 Council Packet Page Number 146 of 223 E2 6.All monument signs with a digital display shall maintain at least a ten-foot setback from any lot line and shall not be placed in a public right-of-way. This setback shall be increased to 20 feet if the adjacent property is used or shown on the city's land use plan for residential use. 7.The dynamic display shall not be illuminated between 10:00 p.m. and 6:00 a.m. ii.On-site dynamic display signs located in the Mixed use (MU) or North End site dynamic display signs located in the Mixed use (MU) or North End site dynamic display signs located in the Mixed use (MU) or North End (NE) zoning districts are allowed subject to the following conditions: (NE) zoning districts are allowed subject to the following conditions: (NE) zoning districts are allowed subject to the following conditions: 1.Dynamic display signs require approval of a comprehensive sign plan. Dynamic display signs require approval of a comprehensive sign plan. Dynamic display signs require approval of a comprehensive sign plan. 2.One dynamic display sign as part of a monument sign is permitted for One dynamic display sign as part of a monument sign is permitted for One dynamic display sign as part of a monument sign is permitted for each property. 3.The entire monument sign shall not exceed eight feet in height and 50 The entire monument sign shall not exceed eight feet in height and 50 The entire monument sign shall not exceed eight feet in height and 50 square feet in size. a.The area around the base of the sign shall be landscaped. The area around the base of the sign shall be landscaped. The area around the base of the sign shall be landscaped. b.The digital display portion of the sign shall not comprise more than 50 The digital display portion of the sign shall not comprise more than 50 The digital display portion of the sign shall not comprise more than 50 percent of the sign area. The remainder of the sign shall not have the percent of the sign area. The remainder of the sign shall not have the percent of the sign area. The remainder of the sign shall not have the capability to have a dynamic display. capability to have a dynamic display. capability to have a dynamic display. T 4. The monument sign with a digital display shall maintain at least a tenhe monument sign with a digital display shall maintain at least a tenhe monument sign with a digital display shall maintain at least a ten-foot setback from any lot line and shall not be placed in a public rightsetback from any lot line and shall not be placed in a public rightsetback from any lot line and shall not be placed in a public right-of-way. This setback shall be increased to 20 feet if the adjacent property is This setback shall be increased to 20 feet if the adjacent property is This setback shall be increased to 20 feet if the adjacent property is outside of the MU or NE districts and used or shown on the city's land use outside of the MU or NE districts and used or shown on the city's land use outside of the MU or NE districts and used or shown on the city's land use plan for residential use. plan for residential use. plan for residential use. F 5.The dynamic display shall not be illuminated between 10:00 p.m. and 6:00 The dynamic display shall not be illuminated between 10:00 p.m. and 6:00 The dynamic display shall not be illuminated between 10:00 p.m. and 6:00 a.m. iii.On-site dynamic display signs located in the business commercial (BC) or site dynamic display signs located in the business commercial (BC) or site dynamic display signs located in the business commercial (BC) or heavy or light industrial (Mheavy or light industrial (Mheavy or light industrial (M---2 and M2 and M2 and M---1) zoning districts: 1) zoning districts: 1) zoning districts: 1.Are allowed as part of a permanent freestanding sign, provided that the Are allowed as part of a permanent freestanding sign, provided that the Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign comprises no more than 50 percent of the total square footage of said sign comprises no more than 50 percent of the total square footage of said A sign face. sign face. sign face. 2.2.2.Must be located at least 200 feet from any property where there are Must be located at least 200 feet from any property where there are Must be located at least 200 feet from any property where there are structstructstructures used for residential purposes or from any park or open space ures used for residential purposes or from any park or open space ures used for residential purposes or from any park or open space land use district. land use district. land use district. 3.3.3.Must be located at least 100 feet from any side property line. Must be located at least 100 feet from any side property line. Must be located at least 100 feet from any side property line. 4.4.4.Displays shall be maintained for a minimum of 15 seconds. Displays shall be maintained for a minimum of 15 seconds. Displays shall be maintained for a minimum of 15 seconds. R Secs. 44Secs. 44Secs. 44---740.740.740.Murals.Murals.Murals. Murals shall only be permitted withinMurals shall only be permitted withinMurals shall only be permitted withinnon-residential districts. A comprehensive mural plan is required for approval following the requirements of section 44required for approval following the requirements of section 44required for approval following the requirements of section 44-742 and shall meet the following standards: a.Murals shall be maintained in good repair, free from peeling paint or damage to age, Murals shall be maintained in good repair, free from peeling paint or damage to age, Murals shall be maintained in good repair, free from peeling paint or damage to age, weatheweatheweather, or vandalism. Removal of a mural must be accomplished by physical r, or vandalism. Removal of a mural must be accomplished by physical r, or vandalism. Removal of a mural must be accomplished by physical D removal from a wall and/or by covering the mural completely with paint. The mural must be rendered completely invisible while maintaining the structural and architectural integrity of thestructure. b.Murals shall be composed of permanent materials and applied only to permanent surfaces. Murals may not be applied to any fabric or temporary surface. c. Murals shall be allowed only on building facades that face a side or rear property line. December 11, 2023 City CouncilMeeting Minutes 146 Council Packet Page Number 147 of 223 E2 d.Murals with the following features shall not be allowed: i.Moving parts, including solar-, wind-, or water-driven devices. ii.Projections from the wall surface iii.Words (in any language), symbols, or representations that are obscene, offensive, of a political nature, or are derogatory. iv.Representations that imitate or appear to imitate any official traffic sign or Representations that imitate or appear to imitate any official traffic sign or Representations that imitate or appear to imitate any official traffic sign or device to direct the movement of traffic. v.Colors that are predominantly fluorescent, metallic, or reflective. at are predominantly fluorescent, metallic, or reflective. at are predominantly fluorescent, metallic, or reflective. Secs. 44-741.Sign permits. If a sign requires a permit, the property owner shall secure the sign permit prior to the If a sign requires a permit, the property owner shall secure the sign permit prior to the If a sign requires a permit, the property owner shall secure the sign permit prior to the construction or major alteration of such a sign. No sign permit shall be issued for an exisconstruction or major alteration of such a sign. No sign permit shall be issued for an exisconstruction or major alteration of such a sign. No sign permit shall be issued for an existing or ting or ting or proposed sign unless such sign is in compliance with the requirements of this article. proposed sign unless such sign is in compliance with the requirements of this article. proposed sign unless such sign is in compliance with the requirements of this article. a.Application.The application to erect or alter any sign shall be in writing, using a The application to erect or alter any sign shall be in writing, using a The application to erect or alter any sign shall be in writing, using a current sign permit application, and signed by the owner or occupant of thecurrent sign permit application, and signed by the owner or occupant of thecurrent sign permit application, and signed by the owner or occupant of thebuilding. building. building. The application shall specify the location, height, dimensions of the sign and, where The application shall specify the location, height, dimensions of the sign and, where The application shall specify the location, height, dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be applicable, the dimensions of the wall surface of the building to which it is to be applicable, the dimensions of the wall surface of the building to which it is to be T attached and total square footage of the building. Applications shall be acattached and total square footage of the building. Applications shall be acattached and total square footage of the building. Applications shall be accompanied by the permit fee, a sketch of the sign, and any other facts the city requires for full by the permit fee, a sketch of the sign, and any other facts the city requires for full by the permit fee, a sketch of the sign, and any other facts the city requires for full information of the nature and safety of the proposal. An electrical permit is also information of the nature and safety of the proposal. An electrical permit is also information of the nature and safety of the proposal. An electrical permit is also required for all signs containing electrical wiring. required for all signs containing electrical wiring. required for all signs containing electrical wiring. b.Fees.The city council shall set all sign permit fees annually. The city council shall set all sign permit fees annually. The city council shall set all sign permit fees annually. F c. Time limits. i.All permits for the erection or alteration of signs shall be issued for the useful All permits for the erection or alteration of signs shall be issued for the useful All permits for the erection or alteration of signs shall be issued for the useful life of the sign. Minor alterations to an existing sign, including routine life of the sign. Minor alterations to an existing sign, including routine life of the sign. Minor alterations to an existing sign, including routine maintenance, painting, or refacing the copy, do not require a new sign permit.maintenance, painting, or refacing the copy, do not require a new sign permit.maintenance, painting, or refacing the copy, do not require a new sign permit. ii.A sign permit shall become null and void if the work for which the permit was A sign permit shall become null and void if the work for which the permit was A sign permit shall become null and void if the work for which the permit was issued has not been completed within one year of the issuance or renewal. issued has not been completed within one year of the issuance or renewal. issued has not been completed within one year of the issuance or renewal. A d.AppealsAppealsAppeals. When a sign permit under this article is denied, the ad. When a sign permit under this article is denied, the ad. When a sign permit under this article is denied, the administrator shall give notice to the applicant within 30 days of denial, together with reasons for denial. notice to the applicant within 30 days of denial, together with reasons for denial. notice to the applicant within 30 days of denial, together with reasons for denial. Appeals from the decisions of the administrator under the provisions of this article Appeals from the decisions of the administrator under the provisions of this article Appeals from the decisions of the administrator under the provisions of this article shall be made to the city council. Denial shall be based on noncshall be made to the city council. Denial shall be based on noncshall be made to the city council. Denial shall be based on noncompliance with this article. article. article. Secs. 44Secs. 44Secs. 44---742.742.742.Comprehensive sign or mural plan.Comprehensive sign or mural plan.Comprehensive sign or mural plan. R (1)A comprehensive sign or mural plan shall be provided for the following: A comprehensive sign or mural plan shall be provided for the following: A comprehensive sign or mural plan shall be provided for the following: a.Any nonAny nonAny non---residential property with five or more tenants on the site or any multipleresidential property with five or more tenants on the site or any multipleresidential property with five or more tenants on the site or any multiple-story buildings with two or more tenants in the building. buildings with two or more tenants in the building. buildings with two or more tenants in the building. b.All permitted institutional or public uses. All permitted institutional or public uses. All permitted institutional or public uses. c. All developments approved as a planned unit development. All developments approved as a planned unit development. All developments approved as a planned unit development. d.Large campuses consisting of buildings and land of ten or more acres. Large campuses consisting of buildings and land of ten or more acres. Large campuses consisting of buildings and land of ten or more acres. D e.Shared signs that serve both the parcel on which they are placed and an adjacent parcel. f.Murals. g.Dynamic display wall signs (also refer to section 44-739 - dynamic display signs). h.Long-term exemptions to temporary window and banner signs (also refer to section 44-737 - signs exempt from regulations in this section). December 11, 2023 City CouncilMeeting Minutes 147 Council Packet Page Number 148 of 223 E2 i.Temporary signs on park designated land in the Maplewood Comprehensive Plan (also refer to sections 44-737 and 44-738). (2)A comprehensive sign or mural plan request shall include the location, size, height, color, lighting, and orientation of all signs and/or murals. Requests for a comprehensive mural plan shall also include a design sketch and photos of the proposed site. Exceptions to the regulations of this article may be permitted as follows: a.For sign areas, densities, and dynamic display changeover rates for the plan as a For sign areas, densities, and dynamic display changeover rates for the plan as a For sign areas, densities, and dynamic display changeover rates for the plan as a whole if the signs are in conformity with the intent of this articlewhole if the signs are in conformity with the intent of this articlewhole if the signs are in conformity with the intent of this article b.If the exception results in an improved relationship between the various parts of the If the exception results in an improved relationship between the various parts of the If the exception results in an improved relationship between the various parts of the plan, c. If it encourages and promotes the removal of nonconforming signs thIf it encourages and promotes the removal of nonconforming signs thIf it encourages and promotes the removal of nonconforming signs through the use of rough the use of rough the use of shared signs, d.If for long-term exemptions to temporary window and banner signs, the term exemptions to temporary window and banner signs, the term exemptions to temporary window and banner signs, the comprehensive sign plan shows that there are unusual circumstances with the comprehensive sign plan shows that there are unusual circumstances with the comprehensive sign plan shows that there are unusual circumstances with the request. (3)Comprehensive sign or mural plans shall be reviewed by the communityComprehensive sign or mural plans shall be reviewed by the communityComprehensive sign or mural plans shall be reviewed by the communitydesign review design review design review board. The applicant, staff, and city council may appeal the community design review board's board. The applicant, staff, and city council may appeal the community design review board's board. The applicant, staff, and city council may appeal the community design review board's T decision. An appeal shall be presented to the administrator within 15 days of the community decision. An appeal shall be presented to the administrator within 15 days of the community decision. An appeal shall be presented to the administrator within 15 days of the community design review board's decision to be considered by the cdesign review board's decision to be considered by the cdesign review board's decision to be considered by the city council. ity council. ity council. Secs. 44-743.Nonconforming signs. Nonconforming permanent signs.Nonconforming permanent signs.Nonconforming permanent signs.Nonconforming permanent signs lawfully existing on the Nonconforming permanent signs lawfully existing on the Nonconforming permanent signs lawfully existing on the F effective date of this article shall be allowed to continue in use, but shall not be rebuilt, relocated or effective date of this article shall be allowed to continue in use, but shall not be rebuilt, relocated or effective date of this article shall be allowed to continue in use, but shall not be rebuilt, relocated or altered, other than minor alterations including routine maintenance, painting, or refacing the sign lterations including routine maintenance, painting, or refacing the sign lterations including routine maintenance, painting, or refacing the sign copy, without being brought into compliance with this article. After a nonconforming sign has been copy, without being brought into compliance with this article. After a nonconforming sign has been copy, without being brought into compliance with this article. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. removed, it shall not be replaced by another nonconforming sign. removed, it shall not be replaced by another nonconforming sign. Secs. 44-744.Enforcement proceEnforcement proceEnforcement procedures.dures.dures. A (1)Temporary signs.Temporary signs.Temporary signs. T T The city shall send a notice to the owner of any illegal temporary sign or he city shall send a notice to the owner of any illegal temporary sign or he city shall send a notice to the owner of any illegal temporary sign or temporary sign in violation of this article and allow seven days for the owner to correct all temporary sign in violation of this article and allow seven days for the owner to correct all temporary sign in violation of this article and allow seven days for the owner to correct all ordinance violations or remove the sign. If the sign is not a safety hazard, the city shall allow ordinance violations or remove the sign. If the sign is not a safety hazard, the city shall allow ordinance violations or remove the sign. If the sign is not a safety hazard, the city shall allow 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard.immediate action to end the hazard.immediate action to end the hazard. (2)Permanent signs. Permanent signs. Permanent signs. The city shall send a notice to the owner of any permanent sign in viThe city shall send a notice to the owner of any permanent sign in viThe city shall send a notice to the owner of any permanent sign in violation of the provisions of this article. The notice shall require that the owner to correct all ordinance of the provisions of this article. The notice shall require that the owner to correct all ordinance of the provisions of this article. The notice shall require that the owner to correct all ordinance R violations. If the sign is not a safety hazard, the city shall allow 30 days for the owner to violations. If the sign is not a safety hazard, the city shall allow 30 days for the owner to violations. If the sign is not a safety hazard, the city shall allow 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end correct the violation. If the sign is a safety hazard the city shall take immediate action to end correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard. the hazard. the hazard. (3)Abandoned signs. Abandoned signs. Abandoned signs. The city shall send notice to the owner of the property on which any The city shall send notice to the owner of the property on which any The city shall send notice to the owner of the property on which any abandoned sign exists that violates the provisions of this article. The notice shall require that abandoned sign exists that violates the provisions of this article. The notice shall require that abandoned sign exists that violates the provisions of this article. The notice shall require that the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall D allow 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard. (4)Removal of signs. If the sign owner does not obey the city's orders, the city may remove or alter the sign at the owner's expense under the procedures of sections 18-36 through 18-38 (notice to abate). The city may remove illegal signs on a public right-of-way without notice. If December 11, 2023 City CouncilMeeting Minutes 148 Council Packet Page Number 149 of 223 E2 the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within 30 days of the sign's removal. (5)Murals.The city shall send a notice to the owner of any mural that is in violation with the provisionsof this article. The article shall require the owner to correct all ordinance violations. The city shall allow 60 days for the owner to correct the violation. If the mural is failed to be removed and/or maintained, the city may cause the removal of the mural. The owner shall removed and/or maintained, the city may cause the removal of the mural. The owner shall removed and/or maintained, the city may cause the removal of the mural. The owner shall pay all expenses under the procedures of sections 18-36 through 18-38 incurred by the city 38 incurred by the city 38 incurred by the city for the removal. Secs. 44-745—44-1050.Reserved. Section II.This ordinance shall be effective following its adoption and publication.This ordinance shall be effective following its adoption and publication.This ordinance shall be effective following its adoption and publication. Approved by the City Council of the City of Maplewood on December 11, 2023.Approved by the City Council of the City of Maplewood on December 11, 2023.Approved by the City Council of the City of Maplewood on December 11, 2023. Seconded by CouncilmemberJuenemannAyesAyesAyes – – – AllAllAll TTT The motion passed. CouncilmemberLeemoved to approve the resolution authorizing publication of the ordinance ed to approve the resolution authorizing publication of the ordinance ed to approve the resolution authorizing publication of the ordinance by title and summary(4 votes). FFF Resolution 23Resolution 23Resolution 23-12--12--12-227522752275 RESOLUTION AUTHORIZING PUBLICATION OFRESOLUTION AUTHORIZING PUBLICATION OFRESOLUTION AUTHORIZING PUBLICATION OFORDINANCE NOs.1042, 1043, 1042, 1043, 1042, 1043, 1044, & 10451044, & 10451044, & 1045BY TITLE AND SUMMARYBY TITLE AND SUMMARYBY TITLE AND SUMMARY WHEREAS, the City Council of the City of Maplewood has adopted four Ordinances:WHEREAS, the City Council of the City of Maplewood has adopted four Ordinances:WHEREAS, the City Council of the City of Maplewood has adopted four Ordinances: Ordinance No. 104104104222, Ordinance No. , Ordinance No. , Ordinance No. 104104104333, Ordinance No. , Ordinance No. , Ordinance No. 1044, Ordinance No.1045. The ordinances are created to establish the updates made to the municipal code regulations for ordinances are created to establish the updates made to the municipal code regulations for ordinances are created to establish the updates made to the municipal code regulations for AAA clarityand usability; andand usability; andand usability; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title andWHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title andWHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary isummary isummary in the case of lengthy ordinances or those containing charts or maps; andn the case of lengthy ordinances or those containing charts or maps; andn the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinances are several pages in length; andWHEREAS, the ordinances are several pages in length; andWHEREAS, the ordinances are several pages in length; and RRR WHEREAS, the City Council believes that the following summary would clearly inform WHEREAS, the City Council believes that the following summary would clearly inform WHEREAS, the City Council believes that the following summary would clearly inform thethethepublic of the intent and effect of the ordinances.public of the intent and effect of the ordinances.public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood thatthe City Clerk shall cause the following summary of Ordinance No. the City Clerk shall cause the following summary of Ordinance No. the City Clerk shall cause the following summary of Ordinance No. 1042Ordinance No. 1043, Ordinance No. Ordinance No. Ordinance No. 1044, and Ordinance No. 1045, to be published in theofficial newspaper in lieu ofnewspaper in lieu ofnewspaper in lieu ofthe entire ordinance: DDD Public Notice The Maplewood City Council has adopted four Ordinances that address land use in theCity. Three amendments are to Chapter 44, Zoning Code and one amendment is to a December 11, 2023 City CouncilMeeting Minutes 149 Council Packet Page Number 150 of 223 E2 section inChapter 12,Buildings and Building Regulations. The ordinances adopted address the followingareas: Ordinance No.1042Chapter 12, Article I. In General amends Section 12-5 Metal Storage Buildings to include the metal building standards for the BC business commercialdistrict. Ordinance No.1043Chapter 44, Article I. In General amendments include Chapter 44, Article I. In General amendments include Chapter 44, Article I. In General amendments include clarificationsto nonconformities, definitions, and off street parking regulations.to nonconformities, definitions, and off street parking regulations.to nonconformities, definitions, and off street parking regulations. Ordinance No.1044Chapter 44, Article II. District Standards will be completely Chapter 44, Article II. District Standards will be completely Chapter 44, Article II. District Standards will be completely repealedand replaced with a focus on consolidating uses into tables, adding and replaced with a focus on consolidating uses into tables, adding and replaced with a focus on consolidating uses into tables, adding missing purpose andintent statements for districts, clarifying the standards of the intent statements for districts, clarifying the standards of the intent statements for districts, clarifying the standards of the R-3 District and Mixed-UseDistrict, and grouping and updating use specific District, and grouping and updating use specific District, and grouping and updating use specific standards, including establishing newstandards for accessory dwelling units and standards for accessory dwelling units and standards for accessory dwelling units and sacred communities. Ordinance No.1045 Chapter 44, Article III. Signage will be completely repealed Ordinance No.1045 Chapter 44, Article III. Signage will be completely repealed Ordinance No.1045 Chapter 44, Article III. Signage will be completely repealed andreplaced with a new title as Article III. replaced with a new title as Article III. replaced with a new title as Article III. – – – Sign and Mural Regulations with Sign and Mural Regulations with Sign and Mural Regulations with updated languageand organization, including clarifications on dynamic displays and organization, including clarifications on dynamic displays and organization, including clarifications on dynamic displays and window signs, newprovisions for ground banner signs, and a new section on provisions for ground banner signs, and a new section on provisions for ground banner signs, and a new section on murals. T BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the CityClerk keep a copy of the ordinance in her office at city hall for public inspection.Clerk keep a copy of the ordinance in her office at city hall for public inspection.Clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by CouncilmemberJuenemannJuenemannJuenemannAyesAyesAyes – – – AllAllAll F The motion passed. K.AWARD OF BIDS None L.ADJOURNMENTADJOURNMENTADJOURNMENT A Mayor AbramsAbramsAbramsadjourned the meeting atadjourned the meeting atadjourned the meeting at8:518:518:51 p p p.m. R D December 11, 2023 City CouncilMeeting Minutes 150 Council Packet Page Number 151 of 223 E3 MINUTES MAPLEWOOD CITY COUNCIL – SPECIAL MEETING 5:30P.M. Monday, December18, 2023 City Hall, Council Chambers Meeting No. 24-23 A.CALL TO ORDER A special meeting of the City Council was held in the City Hall Council Chambersand was called to order at5:30p.m. byMayor Abrams. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberLee moved to approve the agenda as submitted. Seconded by CouncilmemberCaveAyes – All The motion passed. E.APPROVAL OF MINUTES None F.APPOINTMENTS AND PRESENTATIONS None G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. None H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. TheMayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None December 18, 2023 City CouncilSpecialMeeting Minutes 1 Council Packet Page Number 152 of 223 E3 J.NEW BUSINESS 1.City Manager Replacement a.Interview Candidate, Mike Sable b.Consideration of City Manager Appointment Assistant City Manager/HR DirectorDarrow gave the staff report. Mayor Abrams assigned the interview questions to council. Council interviewed candidateMike Sable. Assistant City Manager/HR Director Darrow gave the presentation. Council discussed the item. CouncilmemberJuenemannmoved to appoint Mike Sable as City Manager, subject to background investigation and approval of employment contract. Councilmember Lee requested a roll call vote. Seconded by CouncilmemberCaveAyes – Councilmember Cave Councilmember Juenemann Mayor Abrams Abstain – Councilmember Lee Nay – Councilmember Villavicencio The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at6:58 p.m. December 18, 2023 City CouncilSpecialMeeting Minutes 2 Council Packet Page Number 153 of 223 F1a CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: January 22: Workshop: Mr. Toua Xiong Î introduction and vision for former Sears site Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Schedule for Maplewood Living through May 2024: IssueContributorDue Date Juenemann January 17, 2024 February 2024 CaveFebruary16,2024 March 2024 Villavicencio March 15, 2024 April 2024 Lee April 17, 2024 May 2024 Abrams May 14, 2024 June 2024 Juenemann June 17, 2024 July 2024 Council Packet Page Number 154 of 223 F3 CITY COUNCILSTAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Andrea Sindt, City Clerk PRESENTER: Melinda Coleman AGENDA ITEM: 2024City Council Appointments to Boards, Commissions and Miscellaneous Groups Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: At the first meeting of the year, the City Council officially makes annual appointments to boards, commissions and groups of which the City is a member and to those who serve at the pleasure of the Council. Recommended Action: Motion to approve the 2024 City Council appointments to boards, commissions and miscellaneous groups. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Some of the appointments are required by state statute, all are beneficial to good communication between the council and various groups. Background Following are the 2023 appointments as well as possible 2024 appointments to the boards, commissions and miscellaneous groups (SL = Staff Liaison, ALT = Alternate, REP = Representative). The acting mayor appointment is historically determined by rotation. Appointment 2023 Appointments 2024 Appointments Acting Mayor* Councilmember Villavicencio Councilmember Lee *Rotation of acting mayors: 2017 Juenemann, 2018 Smith, 2019 Juenemann, 2020 Knutson, 2021 Juenemann, 2022 Cave Council Packet Page Number 155 of 223 F3 Auditor Contact Mayor Abrams Mayor Abrams Councilmember Juenemann Councilmember Juenemann Century Avenue Coalition Councilmember Lee Councilmember Lee Councilmember Villavicencio (ALT) Councilmember Villavicencio (ALT) Community Design Review Board Councilmember Lee Councilmember Lee Mike Martin (SL) Mike Martin (SL) Data Request Officials: Responsible Authority/Data Compliance Official Andrea SindtAndrea Sindt City Personnel Designee Terrie Rameaux Terrie Rameaux City Law Enforcement Designee Brian Bierdeman Brian Bierdeman Development Committee Mayor Abrams Mayor Abrams Councilmember Juenemann Councilmember Cave Environment & Natural Councilmember Juenemann Councilmember Juenemann Resources Commission Shann Finwall (SL) Shann Finwall (SL) Gold Line Partners - CMC Councilmember Cave Councilmember Cave Mayor Abrams (ALT) Mayor Abrams (ALT) Gold Line BRT – PAC Councilmember Cave Councilmember Cave Steve Love (ALT) Steve Love (ALT) Heritage Preservation Commission Councilmember Villavicencio Councilmember Villavicencio Joe Sheeran (SL) Joe Sheeran (SL) Maplewood Communications Mayor Abrams Mayor Abrams Councilmember Lee (ALT) Councilmember Lee (ALT) Maplewood Green Team Councilmember Juenemann Councilmember Juenemann Shann Finwall (SL) Shann Finwall (SL) Official Newspaper Pioneer Press Pioneer Press Parks & Recreation Councilmember Villavicencio Councilmember Villavicencio Commission Audra Robbins (SL) Audra Robbins (SL) Planning Commission Councilmember Lee Councilmember Lee Mike Martin (SL) Mike Martin (SL) Purple Line – CMC Councilmember Villavicencio Councilmember Villavicencio Councilmember Cave (ALT) Councilmember Cave (ALT) Ramsey County Dispatch Councilmember Juenemann Councilmember Juenemann Policy Committee Mayor Abrams (ALT) Mayor Abrams (ALT) Ramsey County League Mayor Abrams Mayor Abrams of Local Governments Councilmember Villavicencio (ALT) Councilmember Villavicencio (ALT) Regional Mayors Mayor Abrams Mayor Abrams Rice/Larpenteur Project Mayor Abrams Mayor Abrams Councilmember Cave (ALT) Councilmember Cave (ALT) Shann Finwall (SL) Shann Finwall (SL) Council Packet Page Number 156 of 223 F3 St. Paul Regional Water Services Councilmember Cave Councilmember Cave Board of Water Commissioners Melinda Coleman (ALT) City Manager (ALT) Suburban Area Chamber Melinda Coleman City Manager of Commerce Mayor Abrams (REP) Mayor Abrams (REP) Councilmember Cave (REP) Councilmember Cave (REP) Suburban Rate Authority Steve Love Steve Love Attachments None Council Packet Page Number 157 of 223 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 158 of 223 G1 Council Packet Page Number 159 of 223 G1, Attachments Council Packet Page Number 160 of 223 G1, Attachments Council Packet Page Number 161 of 223 G1, Attachments Council Packet Page Number 162 of 223 G1, Attachments Council Packet Page Number 163 of 223 G1, Attachments Council Packet Page Number 164 of 223 G1, Attachments Council Packet Page Number 165 of 223 G1, Attachments Council Packet Page Number 166 of 223 G1, Attachments Council Packet Page Number 167 of 223 G1, Attachments Council Packet Page Number 168 of 223 G1, Attachments Council Packet Page Number 169 of 223 G1, Attachments Council Packet Page Number 170 of 223 G1, Attachments Council Packet Page Number 171 of 223 G1, Attachments Council Packet Page Number 172 of 223 G1, Attachments Council Packet Page Number 173 of 223 G1, Attachments Council Packet Page Number 174 of 223 G1, Attachments Council Packet Page Number 175 of 223 G1, Attachments Council Packet Page Number 176 of 223 G1, Attachments Council Packet Page Number 177 of 223 G1, Attachments Council Packet Page Number 178 of 223 G1, Attachments Council Packet Page Number 179 of 223 G1, Attachments Council Packet Page Number 180 of 223 G1, Attachments Council Packet Page Number 181 of 223 G2 CITY COUNCILSTAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Resolution Designating Depositories for City Funds Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: M.S. 118A.02 and M.S. 427.01 requires that cities designate financial institutions as depositories for city funds. Recommended Action: Motion to approve the Resolution Designating Depositories for City Funds. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Depositories must meet strict criteria established in Minnesota law for the safekeeping of public funds. Background: Designation of depositories is done on an annual basis. A financial institution not already designated may be designated as a depository at any council meeting during the year. When city investments are made, quotations are obtained only from securities dealers authorized in M.S. 118A.06. Broker-dealers are regulated through the SEC and FINRA. Investments are held for safekeeping in designated depositories Attachments: 1. Resolution Designating Depositories for City Funds Council Packet Page Number 182 of 223 G2, Attachment 1 RESOLUTION NO. ____ DESIGNATING DEPOSITORIES FOR CITY FUNDS BE IT RESOLVED, that the following be and hereby are selected as depositories for deposits and investments of the City of Maplewood: Premier Bank Wells Fargo Bank US Bank 4M Fund/PMA RBC Oppenheimer TD Ameritrade BE IT FURTHER RESOLVED that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED that any funds in the above depositories may be withdrawn and electronically transferred to any other depository of the city by the request of the finance director or his/her designee. BE IT FURTHER RESOLVED that these depository designations are effective until December 31, 2024. Council Packet Page Number 183 of 223 G3 CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Menards, 2280 Maplewood Drive Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) for Menards at 2280 Maplewood Drive is due for review. Recommended Action: Motion to approve the CUP review for Menards and review again in six months. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires conditional use permits to be reviewed by the council within one year of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: The city approved a conditional use permit amendment for Menards to construct a new building and warehouse on March 9, 2020. The project is nearly complete, and the business has re-opened. The site has a temporary certificate of occupancy, as site corrections are still required, primarily related to drainage issues that must be corrected and the final site grading is completed. This past August, city engineering staff were notified of a drainage concern with the adjacent property to the northeast at 1180 Highway 36 (Countryside Volkwagen, Inc.). It was identified that the site drainage for the neighboring site was blocked from draining to the Menards property due to the perimeter wall and grading work that occurred during construction. Engineering staff are actively working on this issue with the business. Since the council reviewed this CUP on November 27, 2023, Menards submitted a plan to correct the issues, which city engineering staff reviewed. The Council Packet Page Number 184 of 223 G3 proposed storm sewer system appears to be located in the general location of the drainage issue. Additional data is needed to understand better how the system will address the issue. It is ultimately the responsibility of Menards and their engineer to ensure that the drainage issue is addressed. The site has a fence along the south end of the property, which provides screening from County Road B East and the adjacent residential properties. Initially, a fence was not required in one section along County Road B East due to permanent plantings proposed in this area. While the trees and shrubs have been planted, it will take time for the landscaped screening to grow and effectively provide year-round screening. The business agreed to construct additional fencing to connect the open area viewed from County Road B, which will supplement the current landscaped screening. The fence has been completed since the council reviewed this CUP on November 27, 2023. Timeline/Previous Actions March 9, 2020: The City Council reviewed the proposal and approved the conditional use permit amendment. March 8, 2021: The City Council reviewed and approved the CUP for one year. May 23, 2022: The City Council reviewed and approved the CUP for six months. November 14, 2022: The City Council reviewed and approved the CUP for one year. November 27, 2023: The City Council reviewed the CUP and required the permit to be returned on January 8, 2024, due to identified site drainage issues. Conclusion: City staff are actively working with the business to ensure these items are completed and inspected before issuing final approval on open permits and a full certificate of occupancy. Staff recommends reviewing this CUP again in six months to ensure compliance with the issues identified. This recommended timeframe should allow for sufficient warmer weather between now and July 2024 to confirm that the drainage issues are addressed so staff can conduct inspections as required. Reference Information Site Description Site Size: Menard Inc. site - 17.19 acres Surrounding Land Uses North: Highway 36 South: Single Dwelling Residential East: Countryside VW /FIAT and single-family residential West: Highway 61 Planning Existing Land Use: Mixed-Use Existing Zoning: Light Manufacturing (M1) Attachments: 1. Overview Map 2. Site Plan 3. City Council Meeting Minutes & CUP Conditions Council Packet Page Number 185 of 223 G3, Attachment 1 Council Packet Page Number 186 of 223 G3, Attachment 2 Council Packet Page Number 187 of 223 G3, Attachment 3 Council Packet Page Number 188 of 223 G3, Attachment 3 Council Packet Page Number 189 of 223 G3, Attachment 3 Council Packet Page Number 190 of 223 G3, Attachment 3 Council Packet Page Number 191 of 223 G3, Attachment 3 Council Packet Page Number 192 of 223 G3, Attachment 3 Council Packet Page Number 193 of 223 G3, Attachment 3 Council Packet Page Number 194 of 223 G3, Attachment 3 Council Packet Page Number 195 of 223 G3, Attachment 3 Council Packet Page Number 196 of 223 G4 CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 REPORT TO:Melinda Coleman REPORT FROM:Michael Mondor,Fireand EMSChief PRESENTER:Michael Mondor, Fire and EMS Chief AGENDA ITEM: Agreement with Lockridge, Grindal, Nauen for Professional Services Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood was awarded $75,000 of bonding money from the last legislative session to complete a space needs assessment, feasibility and design for future development of the East Metro Public Safety Training Facility with a goal of being prepared to pursue additional bonding funds to expand the site into a true public safety training facility. In preparation for pursuit of additional bonding money, staff recommend entering into an agreement with Lockridge, Grindal, Nauen to provide government relations services to the City of Maplewood. Recommended Action: Motion to approve the Agreement with Lockridge, Grindal, Nauen for Professional Services. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $40,000.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: East Metro Public Safety Training Facility Fund Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Pursuit of bonding money will allow for increased operational effectiveness as expansion of the site would allow for enhanced interoperability between police, fire and other first response services through training and development. If awarded, bonding money will enhance the site and will be a regional asset to all public safety professions. Background The Public Safety Department is nearing completion of Space Needs, Assessment, Feasibility and Design for the East Metro Public Safety Training Facility. Upon completion of this study, the Council Packet Page Number 197 of 223 G4 department will be prepared to pursue additional bonding money to enhance the site to ensure that it is suited to train and equip all public safety professionals. Navigating the Legislative and Bonding process is time intensive and requires specific expertise, thus staff are recommending entering into an agreement with a consultant to provide legislative services. These services include government relations, strategy sessions, hearing preparation, bill drafting, preparing for testimony, meeting with local and key legislators and other legislative chairs and leaders and the Governor’s office to prepare to City to successfully pursue Bonding money to enhance the site. If approved, these services will allow the City to have access to consultants who have the expertise, knowledge and experience to pursue these funds. The consultants will coordinate the overall strategy to pursue bonding money and will advocate for our project, monitor legislation and ensure that staff have access to the information needed to successfully navigate the steps required to secure bonding money. The consultants will serve as the City’s representation and coordinate staff to reduce the impact on staff time that is normally required with bonding requests. Staff received two quotations for these services and Lockridge, Grindal, Nauen provided the most competitive proposal. Attachments 1.Agreement with Lockridge, Grindal, Nauen for Professional Services Council Packet Page Number 198 of 223 G4, Attachment 1 LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT, made and entered into by and between City of Maplewood (“Client”) and LOCKRIDGE GRINDAL NAUEN P.L.L.P. (“Consultant” or “LGN”) (collectively the “Parties”). W I T N E S S E T H WHEREAS, Client, wishes to purchase the services of Consultant to assist Client in monitoring, and lobbying related to certain state legislative and administrative matters; NOW, THEREFORE, in consideration of the mutual undertakings and promises hereinafter set forth, Client and Consultant agree as follows: 1. CONSULTANT SERVICES Consultant shall provide, in coordination with Client’s officers, committees and staff, the services listed in Exhibit A hereto. If additional services, projects or work is agreed upon by both Consultant and Client, fees for such additional services, project or work will be negotiated and mutually agreed upon in writing prior to the performance of additional services, projects or work. 2. TERM AND TERMINATION 2.1 Term. The term of engagement for the services provided shall be J anuary 1 - December 31, 2024, subject to termination as provided in Section 2.2. 2.2 Termination. This Agreement may be terminated prior to its expiration only as follows: 2.2.1 Upon the written mutual agreement of the Parties hereto; 2.2.2 By either Party upon sixty (60) days written notice to the other Party. 3. COST OF AND PAYMENT FOR SERVICES 3.1 Fees. In consideration of services performed as specified in Section 1 and Exhibit A of this Agreement, Client shall pay Consultant the professional fees in the amount of $40,000 payable in twelve (12) installments of $3,333.33 per month commencing January 1, 2024. Fees will not be due if the agreement is terminated before the end of the year pursuant to sections 2.2.1 or 2.2.2. 3.2 Costs. In addition to payment for professional fees, Client shall pay Consultant for all reasonable incidental expenses incurred by Consultant on Client’s behalf. 3.3 Payment. Payment for professional fees and expenses shall be made to Consultant upon submission by Consultant to Client of invoices for services rendered and expenses incurred and Client shall pay Consultant by the dates listed above. Council Packet Page Number 199 of 223 G4, Attachment 1 4. INDEPENDENT CONTRACTOR Consultant shall select the means, method, and manner of performing the services herein. Consultant is and shall remain an independent contractor with respect to all services performed under this Agreement. 5. COMPLETE AGREEMENT The Parties each agree and understand that this Agreement, including all Exhibits hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral understandings or agreements with respect to the subject matter hereof. 6. AMENDMENTS AND WAIVERS This Agreement may not be amended, altered, enlarged, supplemented, abridged, or modified, nor can any provision hereof be waived, except by a writing executed by both Parties which shall be attached hereto. Failure of any Party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision. 7. NOTICES All notices, demands, and requests permitted or required to be given under this Agreement shall be in writing and deemed given when mailed by the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the address of the appropriate Party as provided herein. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement this day of ____________________2023. ADDRESS:CLIENT: 1830 County Road B E City of Maplewood Maplewood, MN 55109 By:________________________________ Its:_________________________________ ADDRESS: CONSULTANT: Suite 2200 LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue South Minneapolis, MN 55401 By: Harry Gallaher Its: Managing Partner Council Packet Page Number 200 of 223 G4, Attachment 1 EXHIBIT A Lockridge Grindal Nauen (LGN) will provide state government relations services to the City of Maplewood. These services include ongoing strategy sessions, hearing preparation, bill drafting, preparing for testimony, meetings with local legislators, key legislators and legislative committee chairs, legislative leaders, legislative staff, Governor's office, executive staff and partners. LGN will advance the City of Maplewood's legislative funding and policy priorities at the Minnesota State Capitol as directed by the City with a focus on the East Metro Public Safety Facility. LGN will design and implement legislative strategy around this project. LGN will hold bi-weekly calls with the Maplewood Fire & EMS Chief, the Maplewood City Manager or others as directed throughout the legislative session and monthly calls during the interim. LGN will attend and present at City Council workshop meetings as requested by the City Manager. For purposes of this lobbying contract Maplewood Chief Mike Mondor is the City Contact and Ann Lenczewski is the LGN contact. Council Packet Page Number 201 of 223 G5 CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 REPORT TO:Melinda Coleman REPORT FROM:Michael Mondor,Fireand EMSChief PRESENTER:Michael Mondor, Fire and EMS Chief AGENDA ITEM: Opiate Antagonists Subgrant Agreement Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Effective August 1, 2023 police officers are required to carry and receive training on the use of opiate agonists i.e. Narcan to treat a narcotics overdose. Minnesota State Statute 626.8443 requires that the police department maintains at least two opiate antagonist doses readily available to each officer. The Metropolitan Emergency Services Board has established a program which provides reimbursement for the purchase of opiate antagonists and/or training/education expenses for first responder agencies. Recommended Action: Motion to approve the Opiate Antagonists Subgrant Agreement. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial& Asset Mgmt.Environmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Through reimbursement, the City will reduce the costs associated with this Statute via reimbursement through the subgrant agreement. Background The police department was required to equip all police vehicles with at least two opiate antagonist st doses commonly known as Naloxone or Narcan, training and education effective August 1, 2023 following the passage of Minnesota State Statute 626.8443. There are costs associated with this equipment, training and education. The Metropolitan Emergency Services Board acts as the fiscal agent for a grant program that reimburses first response agencies for these costs. Council Packet Page Number 202 of 223 G5 If approved, these grant funds will be placed in a revenue account to offset the expenses incurred for equipping first responders with Narcan and ensuring that all first responders received initial and ongoing opiate antagonist training. Attachments st 1.MESB 2023-2024 MESB Narcan Subgrant with 1 Responder Agencies Council Packet Page Number 203 of 223 G5, Attachment 1 METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104-3431 Opiate Antagonists Subgrant Agreement S AGREEMENT is entered into between the METROPOLITAN EMERGENCY THI SERVICES BOARD, Metro Region EMS, 2099 University Ave. W., Saint Paul, MN 55104 ("MESB"), and city of Maplewood (“Maplewood”) a municipal corporation under the laws of Minnesota ("Subgrantee"). RECITALS WHEREAS, 2015 Minn. Laws, Ch. 71, Art. 14, Sec. 3, Subd. 2, appropriated funds to the Commissioner of Health for grants to Minnesota’s eight regional emergency medical services programs to purchase opiate antagonists and educate and train “emergency medical services persons,” as defined in Minn. Stat. Sec. 144.7401, Subd. 4, clauses (1) and (2), (“Eligible First Responders”), in the use of these antagonists in the event of an opiate or heroin overdose; and WHEREAS, the State of Minnesota, acting through its Commissioner of Health(the “State”), entered into the Grant Agreement No. 225582 with the West Central Minnesota EMS Corporation (“WCMEMSC”), effective March 7, 2023 (“Grant Agreement”), to act as the fiscal agent for said grant; and WHEREAS, WCMEMSC, as the fiscal agent under Grant Agreement No. 225582 with the State of Minnesota, entered into a subgrant agreement (the “Subgrant Agreement”) with the MESB, effective March 7, 2023 to reimburse for the purchase of opiate antagonists and for education and training of Eligible First Responders in the Metro EMS Region; and WHEREAS, Subgrantee, a first responder agency in the metropolitan region, is qualified to receive these funds as reimbursement for the purchase of opiate antagonists and/or for education or training expenses. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: I.SCOPE OF AGREEMENT AND QUALIFICATIONS A.This Agreement is to providereimbursement for an opiate antagonist to be administered by an Eligible First Responder and/or for education or training of Eligible First Responders. For the purposes of this Agreement, “opiate antagonist” means naloxone hydrochloride or any similarly acting drug approved by the federal Food and Drug Administration for the treatment of drug overdose. B.Subgrantee understands that in order to be eligible for reimbursement of the cost of opiate antagonists it has purchased, it must have satisified all of the requirements of Council Packet Page Number 204 of 223 G5, Attachment 1 Minn. Stat. Sec. 151.37, Subd. 12(a) and (b), and Subgrantee hereby represents that it has fully satisfied said requirements. C.Subgrantee shall be reimbursed for the cost of an opiate antagonist it has purchased for the period from March 7, 2023 through September 28, 2024, subject to the limitations set forth in this Agreement. II. REGIONAL EMS AUTHORIZED REPRESENTATIVE The MESB’s authorized representative for the purposes of administration of this Agreement is its Regional EMS Coordinator, or such other person as may be designated in writing by the Executive Director of the MESB. Contact information for the MESB’s authorized representative is: Greg Hayes, Regional EMS Coordinator, Metropolitan Emergency Services Board, 2099 University Ave. W., Saint Paul, MN 55104, 651-643-8378, ghayes@emsmn.org. III.REIMBURSEMENT AND METHOD OF PAYMENT Subgrantee shall submit to the MESB a copy of adetailed invoice and record of payment for the purchase of an opiate antagonist and/or education or training of Eligible First Responders. Upon verification and acceptance by the MESB’s Regional EMS Coordinator of each invoice, the MESB will pay Subgrantee the invoiced amount. The MESB’s reimbursement obligation is contingent on the MESB receiving grant funds from the WCMEMSC under the Subgrant Agreement, which is further limited to the total amount of grant funds remaining under the Grant Agreement between the State and WCMEMSC upon receipt of an invoice. Invoices must be received by the MESB no later than September 28, 2024. Reimbursement will be made in a timely manner following receipt of sufficient grant funds by the MESB from the WCMEMSC. The MESB will not expend any of its own funds to reimburse Subgrantee. IV. TERM OF AGREEMENT This Agreement shall be effective January 8, 2024 and shall terminate on September 28, 2024 or until the grant funds have been expended, whichever occurs first. V. LIABILITY Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. Nothing in this clause may be construed as a waiver by either party of any immunities or limitations of liability to which such party may be entitled pursuant to Minn. Stat. Chap. 466, or any other statute or law. VI. AUDITS Council Packet Page Number 205 of 223 G5, Attachment 1 Under Minn. Stat. Sec. 16C.05, Subd. 5, Subgrantee's books, records, documents, and accounting procedures and practices of Subgrantee, or any other relevant party or transaction, are subject to examination by the MESB, the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. VII. DATA PRACTICES Pursuant to Minn. Stat. Sec. 13.05, Subd. 11(a), Subgrantee and the MESB must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the MESB under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Subgrantee under this Agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either Subgrantee or the MESB. VIII. OWNERSHIP OF MATERIALS The State shall own all rights, title and interest in all of the materials conceived or created by the MESB, the WCMEMSC, their employees, or Subgrantee or its employees, either individually or jointly with others, and which arise out of the performance of the Grant Agreement, Subgrant Agreement, or this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). Subgrantee hereby assigns to the State all rights, title and interest to the materials. Subgrantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under the Grant Agreement by the Grantee, its employees or Subgrantee, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by Subgrantee. Subgrantees’s employees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of Subgrantee's obligations under this Agreement without the prior written consent of the MESB. IX. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this Agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Subgrantee or its employees individually or jointly with others, shall identify the Minnesota Department of Health as the sponsoring agency and shall not be released without prior written approval by the Minnesota Department of Health. Council Packet Page Number 206 of 223 G5, Attachment 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates set forth below. SUBGRANTEE By: ______________________________ Title: ______________________________ Date: ______________________________ METROPOLITAN EMERGENCY SERVICES BOARD By: ______________________________ Jill Rohret, Executive Director Date: ______________________________ Council Packet Page Number 207 of 223 G6 CITY COUNCILSTAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by Church of the Presentation of the Blessed Virgin Mary. Approval of the request would allow lawful gambling activity to be conducted during the church’s Panther Pride Gala, held April 13, 2024. Recommended Action: Motion to approve the Local Lawful Gambling permit for Church of the Presentation of the Blessed Virgin Mary. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: na Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12. Background: Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166. MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from state licensing requirements. Attachments: None Council Packet Page Number 208 of 223 G7 CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 Presidential Nomination Primary Election Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality. Likewise, Minn. Stat. 203B.121 requires a ballot board be established to accept and reject absentee ballots. Appointments will be made from the resolution list to fill the needed positions after training and required paperwork have been completed. Recommended Action: Motion to approve the resolution listing election judges and establishing a ballot board for the 2024 Presidential Nomination Primary Election to be held on March 5, 2024. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Expenses reimbursed by the State Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Election judges serve to administer election duties as required by State Statute. Background: The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required. Attachments: 1. Resolution Appointing Election Judges and Establishing a Ballot Board, 2024 Presidential Nomination Primary Election Council Packet Page Number 209 of 223 G7, Attachment 1 Resolution 2024PRESIDENTIAL NOMINATION PRIMARY ELECTIONAPPOINTING ELECTION JUDGES AND ESTABLISHING A BALLOT BOARD WHEREAS, Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, it is required by Minn. Stat. 203B.121, Subd. 1 to establish a Ballot Board; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and NOW, THEREFORE, IT BE RESOLVED, by the City Council of Maplewood, Minnesota, a Ballot Board is hereby established that would consist of a sufficient number of election judges as provided in Minn. Stat. 204B.19 to 204B.22 to perform the task; and FURTHER, BE IT RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2024 Presidential Nomination Primary Election to be held on Tuesday, March 5, 2024 from the following list. Pria Abeyratne Paulette Briese Crystal Dahl Rygg Mark AcostaTom BrockwayFrederick Dahm Janice Allen Abby BrownJason DeMoe Richard AnaniMike Bruce Phil DeZelar Karen Anderson Ray Brunner Charlene Dickerson Warren AndersonSheryl BrunnerGerald Diebel Emily Armistead Michelle Buettner Darrell Dippon Christina Arokjer Joan Bullivant Albin Dittli Alex Ashton Andrea Campbell Catherine Dobihal Rob Baas Kevin Campbell Michelle Doherty Rosanne Bane Jarilyn CarboKathy Domeier Jodi Baron Joe Cardenas Laurén Drommerhausen Deb Becker Robert Cardinal Gloria Dunshee David Bedor Thomas Carey Conner Dworskak Regan Beggs Allen Carlson John Eads Vivian BeyerLinda Carpenter Brian Eager Margaret Bloemendal Cecelia CathcartLuann Eager Syl Booth Mary Catherine Kim Ebeling Jon Boyde Denise Chamblee Delight Erickson Phil Brady Song ChangGail Fellman Ginny Brandon Mary Cincotta Margaret Fett Richard Brandon Cheryl (Sheri) Commers Dylan Flannigan Kainy BrastadMichelle Curtis Richard Fosse Council Packet Page Number 210 of 223 G7, Attachment 1 Judith FraneyPete KoegelJohn Parnell Melissa FranzenCarol Koskinen Susan Parnell Nick FranzenLois KnutsonNancy Parsons Dean Fritsche Robert Kraemer Cheryl Pasquarella Gordy FritschePatricia KragelandTerrell Payne Rachel Geiser John Krebsbach LeVares Pearson Jackie GilliardSarah KroeningDennis Peck Chris GivenRobert KronschnobelMarilyn Perry Diane GolaskiJackie KwapickMatthew Phillips Amy Graf Tom Labarre David Plathe Barb GransePatricia LandersNina Potter Marilyn Grant Courtney Larsen Tom Proepper Alvin GrendzinskiMark LarsonDawn Proulx David GrossmanMichelle LarsonShelly Putz Stefanie Guindon-HjermstadRose LarsonSteve Putz Sandra Hahn Ohs Gao Lee Sonja Quanbeck Lisa HansfordNancy LehedahmTim Reddy Mark Harris Jay Lelueaux Mary Ann Renner Sarah Hauptman Claudette Leonard Jeanette Riopel Lisa Heille Nancy LindseyRita Roadfeldt Jean Heininger Oscar Lopez Letona Brenda Robinson William Hensley Steve Loveless Sherry Robinson Gregory Herber Lydia Lucas Vincent Rodriguez Lisa Herd Drake Ly Peter Rogers Gina Hermann Virginia Lynch Teresa Rossbach Harland HessTerri MalletMonica Roth Day Elaine Hill Dan MartinCynthia Rowley Gary Hinnenkamp Patricia Martinson Dave Rydeen Pamela Hodges Bonnie McCabe Kathy Sabota Debra Hoffmann David McCabeRebecca Salmela Jacquelyn HollJohn McCannDeborah Samac Jeanette Hulet Janet McCanna Patricia Sample Patricia HuthKimberly McKinzieBrittney Sandquist Raymond Huth Gerald Meissner Toni Scandale Chris Jacobson Curtis Merkle Maryann Schaefer David Jahn Dorcas MichaelsonThomas Schaefer Kathleen Jensen Pam MoyWilliam Schmidt Ciatlin Johnson Miranda NicholsDuane Schmitz Howard Johnston Douglas Nixon Kurt Schnapp Gwendolyn Jones Ann NorbergJen Schorr Narbada Kadanua Patti Nord Patricia Selby Chaug Kadanya D. William (Bill) O'Brien Jill Shortreed Nanda Kadanya Jodi OgrenKaren Siedschlag Sharon Karalus Ashley Oliver Vicki Simms Tim KellenKeith Olson Delaney Skaar Judy Kipka Cary OszmanSusan Skaar Peggy KleiterDian Parent Tyler Slind Council Packet Page Number 211 of 223 G7, Attachment 1 Margaret SmithChristine Tkachuck-MartinsonJeanette Walsh Russell Smith Sam Todd Stacey Walsh Mary SpielvogelMicki TschidaTim Walstrom Florence SpragueGrant Tyes Cheryl Wieremann Tim StafkiJeanine UnklesbayLynn Wiggert Dallas Stejskal Carolyn Urbanski Mike Wilde James StemperDylan VangPatricia Williamson (Mary) Linnea Strandness Ronald Virnala Paula Willie Dianne Stroth DahmBill VoightSharon Willson Mary Sturm Melissa Walker Cindy Yorkovich Sheli TelschowRosie WallPaul Zollinger Theresa Terhark Deborah Wallace Lori ThompsonAlison Walsh Council Packet Page Number 212 of 223 G8 CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Brian Bierdeman, Public Safety Director Michael Mondor, Fire and EMS Chief PRESENTER: Brian Bierdeman, Public Safety Director Donation from Schmelz Countryside Volkswagen AGENDA ITEM: Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council approval is required for the Maplewood Public Safety Department to accept a $3,000 donation from Schmelz Countryside Volkswagen. Recommended Action: Motion to approve the resolution accepting the donation made by Schmelz Countryside Volkswagen. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,000.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: donation Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City Council approval is required to accept the donation. Background For the past several years, Schmelz Countryside has made donations to the Maplewood Public Safety Department to show its appreciation and support for the work done in the community. This year the police and fire departments each received a check for $1,500 to be used for employee recognition and wellness initiatives. The Finance Department is to increase the expense and revenue accounts for allocation of funds as requested. Attachments 1.Resolution Council Packet Page Number 213 of 223 G8, Attachment 1 RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT WHEREAS, Schmelz Countryside has presented to the Maplewood Public Safety Department a donation in the amount of $3,000.00; and WHEREAS, this donation is intended for the purpose to benefit the Department; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends Schmelz Countryside Volkswagen for their civic efforts, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1.The donation is accepted and acknowledged with gratitude; and 2.The donation will be appropriated for the Public Safety Department as designated; and 3.The appropriate budget adjustments be made. Approved by the Maplewood City Council this 8th day of January, 2024. Council Packet Page Number 214 of 223 G9 CITY COUNCIL STAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Terrie Rameaux, Human Resource Manager Mike Darrow, Assistant City Manager/HR Director PRESENTER: Mike Darrow, Assistant City Manager/HR Director AGENDA ITEM: 2024 Pay Equity Report Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Local Government Pay Equity Act, M.S. 471.991-471.999 and Minnesota Rules, Chapter 3920 require local government jurisdictions to submit a pay equity report to the State of Minnesota every three years. This report must show data in place as of December 31, 2023. Recommended Action: Motion to approve the 2024 Pay Equity Report for submission to the Minnesota Management & Budget Department. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Complying with the State of Minnesota requirements for Pay Equity reporting. Background: The City of Maplewood is required to submit the 2024 Pay Equity Report for year-ending December 31, 2023. Preliminary results find the City of Maplewood to be in compliance. The report will be officially submitted, pending approval by the City Council, to the Minnesota Management & Budget Department. The deadline for submission is January 31, 2024. Attachments: 1. 2024 Pay Equity Report Council Packet Page Number 215 of 223 G9, Attachment 1 Compliance Report Jurisdiction:MaplewoodReport Year:2024 1830 East County Road BCase:1 - 2023 Data (Private (Jur Only)) Maplewood, MN 55109 Contact:Terrie RameauxPhone:(651) 249-2054E-Mail:terrie.rameaux@maple woodmn.gov The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male ClassesFemale ClassesBalanced ClassesAll Job Classes # Job Classes4219263 # Employees1002947176 Avg. Max Monthly Pay per employee8824.777363.318626.79 II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 90.47619 * Male ClassesFemale Classes a. # At or above Predicted Pay208 b. # Below Predicted Pay2211 c. TOTAL4219 d. % Below Predicted Pay (b divided by c = d)52.3857.89 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 127Value of T = 0.978 a. Avg. diff. in pay from predicted pay for male jobs = 3 b. Avg. diff. in pay from predicted pay for female jobs = -43 III. SALARY RANGE TEST = 100.00 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 6.00 B. Avg. # of years to max salary for female jobs = 6.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP = 0.00 * B. % of female classes receiving ESP = 0.00 *(If 20% or less, test result will be 0.00) Council Packet Page Number 216 of 223 Page 1 of 112/21/2023 12:30:11 PM G9, Attachment 1 12/21/2023 12:30:39 PM d o o w e l p a M 3 : r o 2023 Data f : Page 1 of t e r s o a p C e R y a P d e t c i d e r P Council Packet Page Number 217 of 223 G9, Attachment 1 e c n e r e f f i D y a 12/21/2023 12:30:39 PM P y a P d e t c i d e r P y r a l a S o M x a M d s t o b n i o J o o P w e l p e p a y T M b o 3 : J r o 2023 Data f : Page 2 of t l e r r a t s b o o N a T p C e y - R r n a o n y i N B a P s e l r d a b m N e e t F c i s r d e l b 0404Female1105218.00005172.829045.17101203Balanced1105218.00005172.829045.17100101Female1105218.00005172.829045.17101001Male1155218.00005257.2367-39.23672002Male1155218.00005257.2367-39.23671001Male1 405740.00005681.207858.79223003Male1455740.00005766.2598-26.25980404Female1505740.00005850.6674-110.667404913Female1605740.00006020.1270-280.12701001Male1656313.00006105.1790207.82101001Male1706313.0 0006189.5866123.41340101Female1806313.00006359.6905-46.69050101Female1806313.00006359.6905-46.69052002Male1856313.00006444.0981-131.09812002Male1956944.00006611.8967332.10331001Male2006955.00006694.2 085260.79152002Male2056944.00006749.5636194.43641001Male2206944.00007000.8830-56.88301001Male2206944.00007000.8830-56.88301001Male2206944.00007000.8830-56.88300101Female2306944.00007159.2125-215.2125 0101Female2306944.00007159.2125-215.21251001Male2336944.00007205.9965-261.99650202Female2557639.00007459.9811179.01894004Male2557639.00007459.9811179.01890101Female2607639.00007567.946471.05361001Mal e2657639.00007653.5475-14.54750101Female2807639.00007964.4123-325.41232002Male2807639.00007964.4123-325.41231001Male2858402.00008015.4295386.5705 0101Female2306944.00007159.2125-215.2125 a e 121013Male1806313.00006359.6905-46.6905 N r M P e l t i T b o J r b N b o J 6OFFICE/LICENSING/BUS LIC SPEC3COMMUNITY SRV OFFICER76COMMUNITY OUTREACH SPECIALIST5FACILITY TECHNICIAN1BUILDING MAINT WORKER12PROPERTY EVIDENCE TECH11MAINTENANCE WORKER I7ADMINISTRATIVE ASSISTANT81POLICE RECORDS SPECIALIST13DIGITAL COMM COORDINATOR8PAYROLL TECHNICIAN74ACCOUNTING TECH II77DEPUTY CITY CLERK72MAINTENANCE WORKER II10HEAVY EQUIPMENT MECHANIC70NEIGHBORHOOD PRESERVATION SPEC18MECHANIC CREW CHIEF25IT TECHNICIAN20SANITARY SEWER CREW CHIEF21STORM SEWER CREW CHIEF22STREET MAINT. CREW CHIEF15HR GENERALIST/WELLNESS COORD36ENVIRONM HEALTH OFFICIAL71NATURAL RESOURCES COORDINATOR19PARKS CREW CHIEF26ADMIN OFFICE SUPERVISOR31ENGINEERING TECHNICIAN SR.43ENVIRONMENTAL PLANNER29RECREATION PROGRAM SUPERVISOR39PLANNER35BUILDING INSPECTOR68CIVIL ENGINEER I Council Packet Page Number 218 of 223 G9, Attachment 1 e c n e r e f f i D y a 12/21/2023 12:30:39 PM P y a P d e t c i d e r P y r a l a S o M x a M d s t o b n i o J o o P w e l p e p a y T M b o 3 : J r o 2023 Data f : Page 3 of t l e r r a t s b o o N a T p C e y - R r n a o n y i N B a P s e l r d a b m N e e t F c i s r d e l b 0101Female3008402.00008262.4851139.51490101Female3208402.00008582.8104-180.81041001Male3208402.00008582.8104-180.81040101Female3308402.00008735.1465-333.14655005Male3308404.00008735.1465-331.14651001 Male3509242.00009100.4860141.51400101Female3639242.00009280.4436-38.44361001Male42310168.000010078.380989.61911001Male42510168.000010101.362466.63761001Male42510168.000010101.362466.63761001Male42510 168.000010101.362466.63760101Female43010168.000010160.78877.21137007Male43010179.000010160.788718.21135106Male43010168.000010160.78877.21131001Male43510168.000010222.9812-54.98121001Male45810168.0000 10434.4604-266.46041001Male52811183.000011159.793723.20633003Male64012303.000012329.8907-26.89071001Male64512303.000012408.2113-105.21131001Male70512303.000013285.7386-982.73861001Male70512303.000013 285.7386-982.73861001Male71013533.000013442.486390.51371001Male75014885.000014265.9096619.09041001Male78014885.000014916.2054-31.20541001Male79014885.000015158.8447-273.84471001Male79014885.000015158 .8447-273.84470101Female87018011.000017101.8036909.1964 1001Male82016373.000015887.6849485.3151 a e 359044Balanced3509242.00009100.4860141.5140182020Male3509239.00009100.4860138.5140 N r M P e l t i T b o J 3 6 : t n u o C r e b r m b u N N b b o o J 73ACCOUNTANT II38HUMAN RESOURCE MANAGER28COMMUNICATIONS COORDINATOR17SENIOR ADMINISTRATIVE MANAGER69FIREFIGHTER/EMT24POLICE OFFICER45SYSTEMS/NETWORK ENGR27FIREFIGHTER/PARAMEDIC54CITY CLERK80FIRE MARSHAL56ASST. CITY ENGINEER49SAN SEWER/FLEET SUPERINTENDENT50STREET/STORM SUPERINTENDENT47PARKS & NATURAL RESOURCES MGR40FIRE CAPTAIN/PARAMEDIC41SERGEANT51BUILDING OFFICIAL55ASST FINANCE DIRECTOR67ASST COMMUNITY DEVEL DIR53POLICE LIEUTENANT42COMMUNICATIONS MANAGER52IT DIRECTOR75ASST FIRE CHIEF78DEPUTY POLICE CHIEF62FINANCE DIRECTOR61COMMUNITY DEVELOPMENT DIRECTOR0101Female77 014885.000014673.5662211.433860ASST CITY MGR/HR DIRECTOR63PUBLIC WORKS DIR/CITYENGRNEER79FIRE & EMS CHIEF64PUBLIC SAFETY DIR/POLICE CHIEF65CITY MANAGERJ Council Packet Page Number 219 of 223 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 220 of 223 J1 CITY COUNCILSTAFF REPORT Meeting Date January 8, 2024 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Penalties for 2023Alcohol Compliance Failures Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Maplewood Police Department conducts alcohol compliance checks on all liquor license holders in the city at least once a year. The most recent check occurred on October 20 & October 31, 2023 and resulted in three first-time failures and two second-time failures out of the 51 establishments. In each instance, an employee sold alcohol to an underage buyer. Criminal complaints were issued to the employees for the offenses, which have been or will be prosecuted. In addition, the city council may impose civil penalties on the businesses where the compliance failures occurred. Recommended Action: Motion to approve the compliance failure penalties as proposed by staff. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0.00 Financing source(s): Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial& Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment MN §340a.415 authorizes cities to suspend or revoke a license, or impose a civil penalty of up to $2,000 for each violation of state statute or city ordinance regulating alcohol. Background Alcohol compliance checks have been regularly conducted since 2000. In the past, the city councils have opted to not establish strict guidelines for penalties on the basis that compliance failure situations differ, and therefore may warrant varied penalties. Council Packet Page Number 221 of 223 J1 While the City does not have specified fines for alcohol compliance failures, past practice has been to adhere to the following guidelines for imposing penalties which occur within five years of each other: $500 for the first offense, $1,000 for the second offense, and $2,000 for the third offense. In addition, and depending on the nature of the failure or proximity of multiple failures in relation to each other, suspension or possible revocation of the license may also be imposed. All businesses have been notified of the proposed civil penalty against them, and were notified that a representative from the business is required to attend the January 8, 2024 council meeting. Attachments 1.List of 2023 Alcohol Compliance Failure Businesses with Proposed Fines Council Packet Page Number 222 of 223 J1, Attachment 1 2023 Alcohol Compliance Failure List BUSINESS NAME – ADDRESS COMPLIANCE COMPLIANCE FAILURE DATE STAFF PROPOSED FINE HILLSIDE LIQUOR - 1690 MCKNIGHT ROAD STE B ALCOHOL 10/31/2023 $500.00 MILLIONS CRAB - 1745 BEAM AVENUE ALCOHOL 10/20/2023 $1000.00 OLIVE GARDEN ITALIAN RESTAURANT #1200- 1749 BEAM AVE ALCOHOL 10/20/2023 $500.00 PARTY TIME LIQUOR - 1835 LARPENTEUR AVE ALCOHOL 10/31/2023 $1000.00 ZEN RAMEN - 3000 WHITE BEAR AVE N STE 2 ALCOHOL 10/20/2023 $500.00 Council Packet Page Number 223 of 223