HomeMy WebLinkAbout09-21-26-SWSMayor:
David Grant
Councilmembers:
Brenda Holden
Emily Rousseau
Tena Monson
Kurt Weber
Special City Council
Work Session Agenda
September 21, 2026
5:00 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651-792-7800
Website:
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential
neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our
long-standing tradition as a desirable City in which to live, work, and play.
Members of the public may attend a meeting in -person at City Hall or they may
view the meeting remotely on the City's website using the below link. Meetings are
also broadcast on Cable Channel 16 for those that live in Arden Hills.
https://cityofardenhills.org/320/Watch-City-Meetings
Some Councilmembers may be participating in this meeting by interactive
technology/remotely.
This meeting will be streamed live on local Cable Channel 16 and available for playback on our
website.
CALL TO ORDER
1. PUBLIC INQUIRIES/INFORMATIONAL
This is an opportunity for citizens to respectfully bring to the Council's attention any
items which are relevant to the City. In addressing the Council, you must first state
your name and address for the record. Comments shall be limited to three (3) minutes
or less. Written documents or other materials should be handed to the City Clerk for
distribution to the Council prior to or during the meeting. Council will generally not
respond at the same meeting where an issue is initially raised by a member of the
public but the Council may refer the issue to staff for further research and possible
report or action at a future Council meeting.
2. RESPONSE TO PUBLIC INQUIRIES
3. AGENDA ITEMS
3.A. Zoning And Subdivision Ordinance Updates
Jake Reilly, Community Development Director
Documents:
MEMO.PDF
ATTACHMENT A .PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
ATTACHMENT F.PDF
ATTACHMENT G.PDF
ATTACHMENT H.PDF
ATTACHMENT I.PDF
ATTACHMENT J.PDF
ATTACHMENT K.PDF
4. COUNCIL/STAFF COMMENTS
ADJOURN
►.HKGi
Planning Landscape Architecture I Urban Design
MEMORANDUM
TO: Arden Hills Mayor and City Council
FROM: Rita Trapp and Kendra Ellner, Consulting Planners
DATE: September 21, 2026
SUBJECT: Summary of Major Changes to the Zoning Ordinance
OVERVIEW
Over the past year HKGi and staff have been working on completing an updated draft of the zoning
code. As with the subdivision regulations, the overall approach to updates to the zoning code included
a comprehensive reorganization of the text to improve usability, readability, and overall navigation.
Additional updates aligned regulations and administrative procedures with current state statutes and
modernized the Code to reflect contemporary development standards.
The following provides an overview and a list of highlights of changes in Chapter 13 - Zoning.
Chapter 13 - Zoning Code
• Section 1300 General Provisions
The General Provisions section includes the overarching introductory regulations of the code. This
section includes divisions that outline purpose and intent, scope, interpretation, rules of
construction, administration applicability and definitions.
o Provisions were added to the title and scope divisions to reflect the city's authority and connect
it with state statute and the City's current Comprehensive Plan.
o An effective date provision was added to clarify the City's authority to enforce the updated
code upon adoption. Since this code update is a full repeal and replacement, the provision
establishes when the new standards take effect and ensures all proposed projects comply with
the revised regulations from that date forward.
o Conflicting provisions regarding interpretation were removed or clarified. This addresses when
multiple regulations apply, with the more restrictive provision governing. Clarification was also
added related to the use of graphics, illustrations, and cross-references throughout the code
that have been newly incorporated.
o New administrative provisions were added to clearly establish the City's authority for
administering, interpreting, and enforcing the Zoning Code. These provisions formally identify
the Zoning Administrator as the primary official responsible for code administration and
provide a clear point of contact for applicants, property owners, and staff. A severability clause
was also added to ensure that if any portion of the Code is found invalid or challenged, the
remaining provisions remain in full force and effect.
HKGi
800 Washington Ave N Suite 207, Minneapolis, Minnesota 55401
(612) 338-0800 — www.hkgi.com
Major Changes Summary Memo —Arden Hills Zoning and Subdivision Ordinance Update— September 11, 2026
o The grouping of the definitions was changed to separate general definitions from use
definitions. It should be noted that some sections, like floodplain and signage, continue to have
their own definitions. Definitions of terms not used in the code were removed. Graphics, such
as Boulevard, were added for clarity.
Boulevard. That portion of a street lying between the lateral line of the roadway portion
thereof (i.e., the back of the curb or curb line) and the right-of-way line thereof which may
contain within its boundaries a sidewalk or portion of driveway.
• Section 1310 Introduction to Zoning Districts
The Introduction to Zoning Districts establishes the organization of the zoning district names, their
connection to the Zoning Map, and interpretation of district boundaries. This section also organizes
the overarching rules for all properties in the city including regulations that govern pre-existing lots,
requirements that cannot be waived, exceptions to the minimum requirements and nonconforming
uses, structures and lots. Parking in residential districts was also included in this section.
o Throughout this process there were workshop meetings with Planning Commission and Council
on various topics to inform updates to the code. One of the major changes included updated
zoning district names to modernize terminology while maintaining the underlying intent and
regulatory framework of each district. For example, the R-1 Single -Family Residential District
was renamed the R-1 Suburban Residential 1 District and the B-2 General Business District was
renamed to the Mixed Use (MU) District. These changes improve clarity and better reflect the
City's development patterns.
o Zoning district exceptions were reorganized, and supplemental regulations were added to
improve readability, reduce redundancy, and make requirements easier for property owners,
developers, staff, and decision -makers to navigate and apply. For example, clarification was
added for side and rear setbacks — "buildings in districts that allow 'zero lot line' setbacks from
any side or rear property lines may be exempted from side and rear setback requirements
provide party walls are used, and the adjacent building(s) are constructed as an integral unit."
o The nonconformities division was updated to align with current State Statutes. Revisions clarify
the treatment of nonconforming lots, structures, and uses while providing greater consistency
in administration, enforcement, and ensuring local regulations remain legally defensible.
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Major Changes Summary Memo —Arden Hills Zoning and Subdivision Ordinance Update— September 11, 2026
• Section 1320 Base District Regulations
This section includes the primary components for the residential and non-residential districts,
including the district intents; use table; lot, site, and building dimensions; and district standards.
o With the updates to the zoning district names, this provided the opportunity for updated
district purpose statements. A few highlights include:
R-3: Mixed Residential District. The purpose of the R-3 District is to provide areas for
single -unit and two -unit dwellings; attached housing, including twinhomes, townhomes,
small-scale multifamily buildings; and senior housing. Schools and places of assembly
may be permitted in settings that are compatible with the surrounding neighborhood.
MU: Mixed Use District. The purpose of the MU District is to serve as a mixed use area
in which to live, work, or recreate within a compact and architecturally enhanced
setting. This district supports a wide range of compatible residential, retail, service,
office, and institutional uses. Site standards encourage pedestrians and bicyclists and
the creation of places for people to gather and socialize.
o The existing code had one land use chart that listed the required permissions for principal and
accessory uses for all districts. For clarity and usability, the use table was split into two tables: a
principal use table and an accessory use table. The permission identifiers (i.e. permitted or
conditional use permit) have been revised to include permitted, permitted with standards,
conditional, and interim. The Planned Unit Development (PUDs) permission was intentionally
removed from the use regulations because PUDs are best structured as a separate
development approval process rather than a land use classification.
o There was a District Requirement chart that combined lot and site dimensions and a variety of
other performance standards into one table. In this update the lot and site dimensional
regulations are separated into a series of tables, broken down by use type rather than just
zoning district. In addition to formatting changes, adjustments to the standards were discussed
at workshops to align with current conditions, the comprehensive plan, and community
character concerns.
o Many of the existing Zoning District standards have been consolidated and simplified where
possible to reduce duplication and confusion for applicants, policy makers and staff alike.
Requirements related to PUDs generally direct users to the Planned Unit Development Process
in Section 1370 except that existing conditional use permits, site plans, and other development
agreements in place prior to 2008 remain in effect and the site plan process is used for any site
amendments. The districts that still contain a number of district standards include the Civic
Center (CC) District and the Gateway Business (GB) District.
IF
Major Changes Summary Memo —Arden Hills Zoning and Subdivision Ordinance Update— September 11, 2026
• Section 1330 Overlay District Regulations
Section 1330 brings together the regulations for Planned Unit Developments, Shoreland Overlay
District, and Floodplain Overlay District. Changes to the Planned Unit Development regulations
include consolidating all the provisions into this section except that procedures are in Section 1370
Administration and Enforcement. The Floodplain Overlay District was updated by staff before
undergoing the code update and has been integrated into this Section with minimal changes. The
Shoreland Overlay District was updated to be consistent with the model ordinance from the DNR.
The proposed regulations will be reviewed by the DNR prior to the adoption of code.
• Section 1340 Use -Specific Standards
The updated use tables identify whether a use is Permitted with Standards or Conditional and
reference the applicable standards within this Section. The concept of a use that is Permitted with
Standards was introduced to provide greater flexibility for uses that have either been historically
consistently approved as conditional uses or for uses that do not require a public hearing but still
warrant additional standards and oversight.
These new Use -Specific Standards are organized by principal, accessory, and temporary uses into a
single section, arranged alphabetically for easier navigation. Several new use standards were
created, including animal veterinary clinic, brewpub, townhome, (plant) nursery and outdoor
storage. Standards previously located within district -specific regulations were also relocated to this
section to reduce duplication and ensure consistent application across zoning districts. The newly
adopted Cannabis regulations were also consolidated into this section.
• Section 1350 Development Standards
Development Standards include both performance standards that address potential nuisance
impacts and development standards that guide site design and construction. This section was
comprehensively reorganized and updated to address development -related issues identified
through the review process and ensure regulations reflect current planning practices. Technical
revisions were made throughout, consolidating many standards into a unified framework to
promote consistency across all zoning districts. This included regulations related to fencing,
signage, screening, landscaping, parking, lighting, and stormwater management.
o Performance Standards were streamlined and reorganized related to noise, dust, odors, junk,
storage and other nuisances. Environmental and water pollution were also added as newly
regulated nuisances.
o Provisions related to encouraging energy -efficient building and site design were added.
o Parking regulations were modified to improve flexibility, functionality, and compatibility with
current development patterns. Examples of changes include:
4
Major Changes Summary Memo — Arden Hills Zoning and Subdivision Ordinance Update —September 11, 2026
■ Expanded parking alternatives such as joint parking arrangements, driveways access,
bicycle parking, and EV charging infrastructure.
■ Revisions to minimum off-street parking requirements were made to align with the
updated use tables. Workshop discussions resulted in reductions in required parking
stalls for many uses.
■ Standards for semi -truck parking, truck terminals, loading areas, and other freight -
related operations were also enhanced to improve site design and minimize impacts on
surrounding properties.
■ Regulations for commercial vehicle parking were clarified, including provisions related
to overnight parking, vehicle size limitations, and distinctions between vehicle parking
and exterior storage.
o Exterior storage standards were strengthened in response to concerns raised during the review
process. New requirements address screening, location, size, and operational characteristics of
outdoor storage areas and commercial vehicles, with particular attention given to protecting
adjacent residential properties through enhanced buffering and compatibility measures.
o Landscaping standards were updated to provide a broader range of compliance options while
maintaining the City's desired character. The revisions encourage flexibility, innovation, and
high -quality site design while continuing to meet screening, buffering, and aesthetic objectives
o Standards for off-street parking lots with four or more spaces were modified to improve the
survivability of landscaping.
o New standards for trash enclosures were added to address enclosure location, setbacks, design,
screening, and applicability, ensuring these facilities are appropriately integrated into site
layouts.
o Tree preservation regulations were minorly changed with a focus on replacing outdated
references with recognized industry standards, clarifying tree removal thresholds, and
procedures for monitoring, enforcement, and mitigation.
o Fencing standards were modified to clarify that one should avoid placing fences in drainage and
utility easements and if fences are placed there the owners are responsible for removal, repair
or replacement if the City needs access to the easement.
o Building orientation was added as an architectural and site design standard. Including higher
architectural standards for specific districts such as Neighborhood Business.
o Exterior lighting standards were enhanced to promote Dark Sky principles, and minimize
impacts on adjacent properties, particularly residential areas, while maintaining adequate
safety and visibility.
V1
Major Changes Summary Memo —Arden Hills Zoning and Subdivision Ordinance Update— September 11, 2026
• Section 1360 Affordable Housing
This section formats the recently adopted regulations supporting affordable housing.
• Section 1370 Administration and Enforcement
This section gathers all of the procedures in one area.
o Application and review procedures were comprehensively reorganized to improve clarity and
usability. There was a separate Appendix A document that was incorporated into this Section to
consolidate relevant procedural and administrative information within a single document
instead of two. This housed procedures such as Site Plan Review, Conditional Use Permit, and
Variances that would be better administered if altogether. This established a common
procedures section that sets the basis for all land use applications. Then each individual land
use approval process was reorganized based on applicability and review sequence.
o Outdated administrative provisions were removed, including requirements for the City Council
to mail notices to property owners and record notice provisions that were no longer necessary
or were addressed elsewhere in City procedures.
o Procedural requirements were clarified, expanded, and standardized to better reflect current
planning practices and provide a more thorough and consistent review process for applicants,
staff, decision -makers, and the public. An addition was made to clarify which land use
procedures require public hearings and those that don't require a public hearing.
■ Actions Requiring Public Hearings. The following land use applications require that a
public hearing be held prior to action by the City Council: Amendments to the Zoning
Text or Map (Rezoning), Interim Use Permits, Conditional Use Permits, and Planned Unit
Developments
■ Actions Not Requiring Public Hearings. The following land use applications do not
require a public hearing: Variances and Site Plan Reviews
o Procedures for administrative lot line adjustment were added.
o Clarity was added about what happens after a decision is made on an application.
o Decision -making criteria for Conditional Use Permits (CUPs) were added to provide clear
findings for approval, improve consistency in decision -making, and strengthen the legal basis
for permit actions.
6
Attachment A
Chapter 13 Zoning
1300. General Provisions
1300.01 Title
Subd. 1. Chapter 13 of the City Code shall be known, cited, and referred to as the Arden Hills Zoning
Code, except as referred to herein where it shall be known as "this Code".
Subd. 2. This action is taken pursuant to the authority contained in M.S. §§, 462.358.
1300.02 Purpose and Intent
Subd. 1. This Code is enacted for the following purposes:
A. To promote the general public health, safety, comfort, and general welfare of the inhabitants of the
City of Arden Hills, Minnesota.
B. To promote, preserve, and enhance the character of the properties and areas within the city,
including wetlands, ponds, and marshes.
C. To divide the city into zones or districts on the basis of the use, location, construction,
reconstruction, and alteration of land and structures for residence, business, industrial, and public
purposes.
D. To provide adequate light, air, privacy, and safety.
E. To prevent the overcrowding of land by undue concentration of population.
F. To promote the proper use of land and structures.
G. To fix reasonable standards to which buildings, structures, and land shall conform for the benefit of
all.
H. To prohibit the use of buildings, structures, and lands that are incompatible with the intended use or
development of lands within the specified zones.
I. To promote the safe and efficient movement of people and goods.
J. To facilitate the provisions of public services.
K. To limit congestion in the public streets and protect the public health and welfare by providing for
the off-street parking of vehicles and vehicle loading areas.
L. To protect against fire, explosion, noxious fumes, offensive noise, vibration, dust, odor, glare,
hazardous waste, pollution, and hazards in the interest of public health, comfort, and general
welfare.
M. To define and limit the powers and duties of the Zoning Administrator and bodies provided for
herein.
1300.03 Effective Date
Subd. 1. The effective date of this Code is , 2026. This Code hereby supersedes and
replaces in its entirety, the Arden Hills Zoning Code on the effective date hereof.
Subd. 2. The provisions of this Code shall apply to all permits, permit applications, and
development plans (general, revised, or final) filed on or after , 2026. Plans on file before
, 2026, shall be reviewed for compliance with the Arden Hills Zoning Code effective
at the time of filing.
Subd. 3. Authority to Adopt
A. This Code is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§
462.351 through 462.363. Whenever other applicable city, state, or federal laws or rules referenced
in this Code have been amended or superseded, this Code shall also be considered amended
accordingly.
Page 1 of 19
1300.04 Scope
Subd. 1. From and after the effective date of this Code, no permit shall be issued for the use of all land,
subdivision, structure, building, or portion of a building erected, altered with respect to area, added to,
or relocated, and principal uses or accessory thereto, in the City of Arden Hills, not in conformity with
the provisions of this Code. Any existing structure and any use of land not in conformity with the
regulations herein prescribed shall be regarded as a nonconforming uses or structures in accordance to
the regulations in Section 1310.
Subd. 2. This Code does not abrogate any easement, covenant, or any other private agreement where
such is legally enforceable, provided that where the regulations of this Code are more restrictive or
impose higher standards or requirements on such easement, covenant, or other private agreement, the
requirements of this Code shall govern.
Subd. 3. It is the policy of the City that the enforcement, amendment, and administration of this Code be
accomplished with due consideration of the recommendations contained in the Comprehensive Plan as
developed and amended from time to time by the City. The City Council recognizes the Comprehensive
Plan as the policy guiding responsible regulation of land use and development in accordance with the
policies and purpose herein set forth.
1300.05 Interpretation
Subd. 1. In the interpretation and application of the provisions of this Code, proposals shall be held to be
the minimum requirements adopted for the promotion of the public health, safety, convenience, and
general welfare.
Subd. 2. For the purposes of interpretation of this Code, determinations shall be based on site -specific
conditions at the time this Code is in effect. The city may impose additional requirements where
deemed reasonable and necessary to protect the public interest and to ensure compliance with the
standards and purposes of this zoning code and the policies of the comprehensive plan.
Subd. 3. When a use is not specifically identified in the principal or accessory use tables, the use shall be
considered prohibited, unless or until the process described in Section 1320.02 Subd. 2. Is initiated.
Subd. 4. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions
than this Code, the provisions of such statute, other ordinance, or regulation shall control.
Subd. 5. Where the provisions of this Code are inconsistent with state or federal law, or any other city
ordinance, code provision, or regulation, the more restrictive provision governs unless otherwise
expressly stated.
Subd. 6. Use of Graphics, Illustrations, Figures, Photos and Cross -References.
A. Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not
be construed as regulations. Where a conflict may occur between the text and any graphic,
illustration, figure, or photo, the text shall control.
B. In some instances, cross-references between chapters, sections, divisions, and subdivisions are
provided that may include the chapter, section, division, and subdivision number along with the
name of the reference. Where a conflict may occur between the given cross-reference number and
name, the name shall control.
1300.06 Rules of Construction
Subd. 1. The language set forth in the text of this Code shall be interpreted in accordance with the
following rules of construction.
A. The particular shall control the general.
B. The singular number includes the plural and the plural includes the singular.
C. The present tense includes the past and future tenses, and the future includes the present.
D. The word "shall" is mandatory while the word "may" is permissive.
E. The masculine gender includes the feminine and neuter.
F. All measured distances expressed shall be to the nearest tenth of a foot and its metric equivalent.
G. The word "lot" shall include the words "plot", "piece", "property", "premises", and "parcel" of land.
Page 2 of 19
H. The words "used for" shall include the phrases "arranged for", "designed for", "intended for",
"improved for", "maintained for", and 'occupied for".
Subd. 2. Unsafe Building or Structure. Nothing in this Code shall be deemed to prevent the restoration to
a safe condition of any building or structure, or portion thereof, constituting or containing a
nonconforming use which has been declared unsafe by the building inspector or other Zoning
Administrator.
Subd. 3. Construction Approved and Begun Prior To Effective Date. To avoid hardship, nothing in this
Code shall be deemed to require a change in the plans, construction, or designated use of any building
for which a building permit has been issued and the construction of which has begun prior to the
effective date of this Code or any amendment hereto.
1300.07 Administration
Subd. 1. This Code shall be administered and enforced by the Zoning Administrator, or their designee as
designated by the City Administrator.
Subd. 2. The Zoning Administrator may delegate specific responsibility to any individual city employee
but shall remain responsible for all decisions made by those employees.
Subd. 3. The Zoning Administrator shall administer, interpret, and enforce the provisions of this Code and
shall provide for:
A. The maintaining of permanent and current records of this Code including all applicable property
records, map amendments, conditional uses, variances, appeals, and applications hereto.
B. The receiving, filing, and forwarding of all applications for amendments, variances, conditional uses,
or other matters to the appropriate Commissions and City Council.
C. The issuance of all permits and certificates required by this Code.
D. The inspection and examination of all buildings and land, and the issuance of written orders
required in remedying any conditions which are found to be in violation of this Code.
E. The enforcement of the decisions of the City Council pertaining to this Code.
Subd.4. Severability.
A. It is hereby declared to be the intention of the City that the provisions of this Code are severable in
accordance with the following:
1. If any court of competent jurisdiction shall adjudge any provision of this Code to be invalid, such
judgment shall not affect any other provisions of this Code not specifically included in said
judgment.
2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this
Code to a particular property, building, or other structure, such judgment shall not affect the
application of said provision to any other property, building or structure not specifically included
in said judgment.
1300.08 General Definitions
Abut. Having a common boundary or relationship at a common property line, street, or alley.
Acre. A quantity of land containing 43,560 square feet or 160 square rods in whatever shape and pattern
(e.g. circular, square, triangular, irregular, broad or narrow).
Acre, net. One acre of land, exclusive of those areas that are prohibited from development due to steep
slopes, 2/3 of that portion of the acre encompassed by wetlands, easements, the entire area of public
streets, and/or other conditions protected by ordinance or legal agreement.
Adjacent. To be located nearby, with or without contact.
Adjoin. Having a common boundary or relationship at a common property line.
Administrator. The zoning administrator.
Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the
existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by
moving from one location to another.
Page 3 of 19
Alley. A public right-of-way which affords secondary access to abutting property. Used primarily for
vehicular service access to the back or side of a lot.
Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement,
companionship, decoration, or interest.
Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products
for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur.
Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic
animal or farm animal and would ordinarily be confined in a zoo or found in the wild.
Appeal. An application for the review of an order, requirement, decision, determination or interpretation of
this Code made by the Zoning Administrator in the application and/or enforcement of this Code.
Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below
ground level) on all four sides, regardless of the depth of excavation below ground level.
Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an
area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be
considered part of the bluff):
• Part or all of the feature is located in a shoreland area;
• The slope rises at least 25 feet above the ordinary high water level of the water body;
• The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high
water level averages 30 percent or greater; and
• The slope must drain toward the waterbody.
Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff.
Board of Appeals and Adjustment. The board of appeals and adjustments established by this Code shall
be the Planning Commission.
Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the
back of the curb or curb line) and the right-of-way line thereof which may contain within its boundaries a
sidewalk or portion of driveway (See Figure 1300.1 Boulevard).
Figure 1310.1 Boulevard
Building. A structure which is designed and suitable for the habitation or shelter of human beings or
animals, or a shelter or storage of property, or is used for trade or manufacturing.
Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond
which a structure may not extend.
Building envelope. (See Lot, Buildable portion of.)
Building height. The vertical distance from the established grade along a face of a building to the highest
point of the roof surface for flat and shed roofs, the break line of mansard roofs, or the average height
between the eaves and the highest ridge of gable, gambrel, and hip roofs. The height of a stepped or
terraced building shall be the height of the tallest segment of the building. Where a building is located on
sloping terrain, the height may be measured from the average ground level of the grade at the building
wall.
Building inspector. The inspector as provided for in the building code.
Page 4 of 19
Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a
tendency to become airborne.
Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge
of the driving surface of the road at the intersection of two roads (public or private) and extending thirty 30
feet in each direction from the intersection with a line connecting the two end points.
Clear -cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
Co -habitation A living arrangement in which two or more individuals reside together within a dwelling unit,
regardless of marital or familial relationship. Sharing and maintaining common living areas or the structural
housing unit.
Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills,
Chapter 2.
Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the
physical, social and economic development, both private and public, of the city and its environs and may
include, but is not limited to, the following items: Statements of policies, goals, standards, a land use plan,
a community facilities plan, a transportation plan and recommendations for plan execution.
Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use
in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the
applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may
nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council.
Conditional use permit (CUP.). A permit required for certain land uses classified as Conditional Accessory
Uses or Conditional Principal Uses.
Contiguous. See Abut.
Council. The City Council, as established by the Code of Ordinances.
Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the
critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius
must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x
1.5 = 15). The critical root zone is 30 feet. (added 4/28/08)
Dark Sky. A lighting practice and standards designed to minimize light pollution, preserve the natural night
environment, and reduce glare and skyglow. Dark Sky principles promote the use of fully shielded fixtures,
lower color temperature lighting, and directional controls to ensure that artificial light is confined to its
intended area and does not spill into the sky or neighboring properties.
Density. The number of dwelling units permitted by this Code on one acre.
Density net. The number of dwelling units permitted by the Code on one net acre of land.
Density transfer. The relocation of housing units or square footage of building area computed on part of a
building site to another part of the site resulting in an increase in density to the transfer area for the
purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of
preservation by the Planning Commission.
Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum
requirement of this Code under conditions whereby the total number of dwelling units is not greater than
the amount permitted under normal conditions.
Diameter at Breast Height (DBH). Diameter at breast height or the diameter of a tree measured at 4.5
feet above the ground, measured in caliper inches.
Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or
portion thereof for specific purpose.
Electric Vehicle (EV) Ready: A space or charging port designated automobile parking space that has
sufficient electrical capacity available and installed such as by means of a branch circuit capable or other
means permitted by the Minnesota Electrical Code.
Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the
flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
Family. Two or more persons, each related to the other by blood, marriage, adoption or foster care, or a
group of not more than four persons, some or all of whom are not related by blood, marriage or adoption,
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living together and maintaining a common household. (These regulations shall not be applied so as to
prevent the City from making reasonable accommodation as required by the Federal Fair Housing
Amendments Act of 1988).
Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results
in the inundation of normally dry areas.
Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be
equaled or exceeded.
Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the
term "floodway fringe" used in the Flood Insurance Study for the City.
Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or
may be covered by the regional flood.
Floodproofing. A combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damage.
Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood
plain which are reasonably required to carry or store the regional flood discharge.
Floor area. Means the sum of the horizontal area of all floors of a building measured from the exterior
faces of the exterior walls, or from the centerline of walls separating two buildings, excluding decks,
garages, covered porches conforming with Section 1325.03 Subd 2.D, attics, crawl spaces, and basements
that do not meet the minimum ceiling height per Minnesota State Building Code requirements.
Floor area ratio (FAR). The ratio obtained by dividing the sum of a building's floor area by the amount of
lot area.
Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street.
Grade. The elevation established for the purpose of regulating the number of stores and the height of
buildings. "At grade" shall be the mean level of the finished surface of the ground adjacent to the exterior
walls of the buildings.
Hard surface. Any constructed surface that is impervious or significantly reduces the natural infiltration of
stormwater into the ground. This includes, but is not limited to, materials such as concrete, asphalt,
compacted gravel, pavers, brick, and other similar surfaces used for driveways, parking areas, walkways,
patios, and building roofs. Impervious surfaces contribute to increased runoff and may impact drainage,
stormwater management, and environmental quality.
Hemp Concentrate. The extracts and resins of a hemp plant or hemp plant parts, including when refined
to increase the presence of targeted cannabinoids or when intended to be consumed by combustion or
vaporization of the product and inhalation of smoke, aerosol, or vapor from the product
Hemp -Derived Consumer Product. A product intended for human or animal consumption, does not
contain cannabis flower or cannabis concentrate, and containing or consisting of hemp plant parts; or
containing hemp concentrate or artificially derived cannabinoids in combination with other ingredients.
Hemp Plant. All parts of the plant of the genus Cannabis that has a delta-9 tetra hydrocannabinol
concentration of no more than 0.3 percent on a dry weight basis.
Household. The person or persons occupying a single dwelling unit. A household may consist of any
single or group of related or unrelated persons who share living arrangements.
Inoperable. Shall mean incapable of movement under its own power, in need of significant repair or
disposal in a junkyard.
Landscaped lot area. That portion of a lot required to remain free of impervious surface to meet minimum
landscaped lot area requirements in Section 1350.04. Landscaped lot areas or open space shall consist of:
• Naturally vegetated areas,
• Wetlands or ponding areas,
• Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.),
• Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area,
and
• Outdoor recreation areas.
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Landscaping. Plantings such as trees, grass, shrubs.
Land Reclamation. The reclaiming of land by depositing and/or excavating material so as to alter at the
minimum four hundred 400 cubic yards of the existing grade, either by hauling and/or regarding the area,
shall constitute land reclamation.
Loading area. Any area where trucks are maneuvered and parked, for the purpose of loading or unloading
products, materials or equipment.
Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey,
plat, record of survey map, or other means, and separated from other parcels or portions by said
description, and which is occupied by, or is suitable under this Code and other applicable ordinances for
occupancy by one principal building or used together with any accessory buildings or uses and such open
spaces as are required by this Code.
Lot area. The total site area within the lot lines.
Lot area, net buildable. The space remaining on a lot after the minimum landscaped area, open space
and setback requirements of this Code have been met.
Lot area per family. The lot area per family is the lot area required by this Code to be provided for each
family in a dwelling.
Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be
placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net
buildable, is more limiting as other deductions are included).
Lot, corner. A lot situated at and abutting on the intersection of two or more streets having an angle of
intersection of not more than one hundred 135 degrees. A lot abutting a curve street shall be deemed a
corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of
the side lot lines with the street line intersect at the interior angle of less than one hundred thirty-five (135)
degrees. A corner lot shall maintain front yard requirements for each street frontage.
Lot coverage. The total allowable amount of lot area, expressed as a percentage, that may be covered by
a principal use and its accessory structures.
Lot depth. The shortest horizontal distance between the front and rear lines measured from a 90-degree
angle from the street right-of-way within the lot boundaries.
Lot line. A property boundary line of any lot held in single or separate ownership or separately described;
except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed
to be the street or alley line.
Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be
the front lot line. The Zoning Administrator may designate the front lot line based on the practical front yard
of the property as determined by such factors as the existing or proposed building configuration and
consideration of the characteristics of surrounding properties.
Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line.
Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be
a side lot line.
Lot, interior. A lot other than a corner or reversed corner lot.
Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an
alley or not.
Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot
subsequent to such date and includes non -conforming lots.
Lot, shoreline. A lot having one or more lot lines fronting on public waters.
Lot, through. A lot that has a pair of opposite lot lines abutting two substantially parallel streets, and which
is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a
front yard or rear yard shall be as subject to the provisions of this Code.
Lot width. The shortest horizontal distance between the side property lines measured at right angles to the
lot depth measured at the required minimum building setback line.
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Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for the parking of vehicles, building access, or storage in an area other
than a basement area, is not considered a building's lowest floor.
Metes and bounds. A method of property description utilizing directions and distances commencing from
and terminating at an easily identifiable point.
Multiple occupancy building. A building containing two or more independent businesses with or without
separate exterior entrances and for which signage, parking and site requirements are unified in a
consistent visual and functional manner.
Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range
into Minnesota without being intentionally or unintentionally introduced by human activity and are classified
as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does
not include Weeds.
Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code,
or amendment hereto, which under the provisions of this Code could not be built because of restrictions on
height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its location
on the lot where it exists.
Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion
thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a
matter of right or by permit, which is not permitted in the zoning district in which it is located.
Nonconformity. A building, structure or use of a building, structure or parcel of land, or a portion thereof,
lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of
right or by permit, which is not permitted in the zoning district in which it is located.
Nonintoxicating Cannabinoid. A cannabinoid that when introduced into the human body does not impair
the central nervous system and does not impair the human audio, visual, or mental processes.
Nonintoxicating cannabinoid includes but is not limited to cannabidiol (CBD) and cannabigerol (CBG) but
does not include any artificially derived cannabinoid and must contain less than 0.3 percent
tetra hydrocannabinol (THC).
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or collecting debris carried by such
water.
Ordinary high water level. The boundary of public waters and wetlands and shall be an elevation
delineating the highest water level which has been maintained for a sufficient period of time to leave
evidence upon the landscape and as determined by the Minnesota Department of Natural Resources. The
ordinary high water mark is commonly that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial.
Outdoor storage. The storage of goods, materials, equipment, manufactured products and similar items
not fully enclosed by a building.
Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking
of a motor vehicle and so located as to be readily accessible to a public street or alley. Truck loading and
unloading space shall not be included in such area.
Parking, enclosed. A structure used for the storage of a vehicle which must be covered and completely
enclosed by walls or doors on four sides.
Parking, overnight. The continuous parking or storage of a vehicle, for four days or more, on a property or
public right-of-way during the hours typically between 12:00 a.m. and 6:00 a.m., unless otherwise specified.
Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or
body politic; includes any trustee, receiver, assignee or other similar representative thereof.
Planned unit development (PUD). The development of a tract of land in a unified manner, pursuant to a
development plan specifically approved by the city.
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Planning commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter
462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official
controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council.
Protected waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of
less than 10 acres in size and no river or stream having a total drainage area less than two square miles
shall be regulated for the purposes of these regulations.
Public benefit. A measurable and meaningful improvement or contribution that serves the general welfare,
safety, or quality of life of the community. Public benefits may include but are not limited to public open
space, public art, creative infrastructure improvements, enhanced landscaping or environmental protection,
transit access, or other amenities that provide value to the public beyond the interests of the individual
property owner or developer. Public benefits may be applied in exchange for approvals in zoning variances,
conditional use permits, or increased development rights.
Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed
to mean, for the purposes of these regulations, a body of water, that has the potential to support any type
of recreational pursuit or water supply purpose. A body of water created by a private user where there was
no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of
natural resources, shall be exempt.
Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including
depots, loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or
water towers.
Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or
hauled. Including, but not limited to, motor homes and travel trailers, snowmobiles, pull campers, all -terrain
vehicles (ATVs), tent trailers, and other similar vehicles.
Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is
400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled
or permanently towable by a light duty truck and is designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of
Section 1335, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.
Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as
measured from the ground to the highest point of the recreational vehicle, utility trailer, or watercraft,
including any covering, as stored. This does not include antennas and utility/mechanical systems provided
they are accessory and take up no more than 10 percent of the roof surface area. RVs and watercraft on a
trailer shall be measured as one.
Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as
measured from end to end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor,
and covering, as stored. RVs and watercraft on a trailer shall be measured as one.
Regional flood. A flood which is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood",
one percent annual chance flood, or 100-year elevation.
Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no
lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the flood plain that result from designation of a floodway.
Research animals. Animals kept in a laboratory setting for the purpose of testing and research related to
health care products.
Roadway. The entirety of a private street and that portion of a public street extending from the back of the
curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used
primarily for vehicular traffic.
Roof -Mounted. Equipment or building element mounted above the eave line of a structure.
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Setback. The minimum horizontal distance between a structure and the ordinary high water level or
between a structure and a road, well, highway, or property lines.
Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure
and a lot line.
Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a
setback of 50 percent of the structure setback.
Shoreland. The land located within the following distances from protected waters:
• 1,000 feet from the ordinary high water mark of a lake, pond, or flowage; and
• 300 feet from a river or stream, or the landward extent of a flood plain on such rivers or streams,
whichever is greater.
• The practical limits of shorelands may be less than the statutory limits where the limits are
designated by natural drainage divides at lesser distances, as shown on the official zoning map of
the City.
Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic.
Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or
represented directly or indirectly upon a building or other surface or piece of land, and which directs
attention to an object, product, place, activity, person, institution, organization or business.
Significant tree. A tree that is important to the site and the neighborhood character, that is structurally
sound and healthy, and that meets at least one of the following standards: A deciduous hardwood tree that
is at least 10 caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut,
hickory, birch, black cherry, hackberry, locust and basswood.
• A deciduous softwood tree that is at least 12 caliper inches, including but not limited to, cottonwood,
poplars/aspen, box elder, willow, silver maple and elm.
• A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and
which is at least 15 feet or more in height.
• A group of deciduous trees that are at least eight caliper inches or coniferous trees that are at least
15 feet in height, that provide a buffer or screening along an adjacent public street or between
differing land uses.
Story. That portion of a building included between the surface of any floor and the surface of the floor next
above it, or, if no such floor above, the space between such floor and the ceiling next above it.
Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not
more than three feet above the top floor level, and in which space not more than two-thirds of the floor
area is finished for use. A half -story containing independent apartment or living quarters shall be counted
as a full story.
Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a
public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for
vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway,
highway, place or however otherwise designated. The term "streets" includes the following classifications:
• Collector (State Aid) street. A street which carries traffic from local streets to streets and highways
of higher classifications providing for both land access service and local traffic movements within
residential neighborhoods, commercial areas and industrial areas.
• Cul-de-sac. A street with a circular turn -a -round and only one outlet.
• Local. A street that provides access to residences of that street and provides a route through the
neighborhood for residences on other streets. A large proportion of trips have neither an origin nor a
destination on that street.
• Minor arterial. A street system that interconnects with and augments the urban principal arterial
system and provides service to trips of moderate length at somewhat lower level of travel mobility
than major arterials. This system distributes travel to geographical areas smaller than those
identified with the higher system.
• Principal arterial. A divided highway with four or more lanes serving the major centers of activity of
a metropolitan area, the highest traffic volume corridors, and the longest trip desire. Typically, a
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controlled access roadway with expressway ramps providing ingress or egress to other levels of
streets to allow the uniform flow of traffic on an arterial highway without undue delays.
• Residential (non -State Aid) street. A street of limited continuity used primarily for access to the
abutting properties and the local needs of a neighborhood.
Structural alterations. Any change in the supporting members of a building such as bearing walls,
columns, beams or girders, or any substantial changes in the roof and exterior walls.
Structure. Anything constructed, the use of which requires a permanent location on the ground or
attachment to something having a permanent location on the ground, including, but not limited to, buildings,
factories, sheds, detached garages, cabins, manufactured homes, signs, recreational vehicles not meeting
the exemption criteria otherwise specified in the zoning code, and other similar items.
Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that
of the principal use of or principal structure on the lot on which it is located.
Structure, multiple -occupancy. (See Multiple -occupancy building).
Structure, principal. The predominant structure upon a lot in which the principal use of the lot is
conducted.
Structure, temporary or portable. A structure which is not intended for permanent occupancy, but which
may be suitable in certain situations for specific periods of occupancy pending either construction of
permanent facilities or a change in conditions that will eliminate the need for the temporary structure.
Portable classrooms, portable offices, and air -supported structures are examples of temporary or portable
structures.
Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
Substantial improvement. Within any consecutive 365-day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures that have incurred "substantial
damage," regardless of the actual repair work performed. The term does not, however, include either:
• Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official, and which are the minimum necessary to assure safe living conditions.
• Any alteration of an "historic structure," provided that the alteration will not preclude the structure's
continued designation as an "historic structure." For the purpose of this Ordinance, "historic
structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1.
Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or
for which it is or may be occupied or maintained.
Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or
conducted.
Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is
conducted or maintained.
Use, principal multiple -operation. A business or industrial operation which consists of two or more
distinguishable uses, all of which are dependent upon each other, but none of which is predominately or
clearly the principal use and all of which are generally compatible with the permitted allowable uses in the
district.
Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after
due consideration by the Commission and Council, pursuant to the applicable procedures contained
herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council.
Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified
as a permitted principle use in any particular district, and which, after due consideration by the commission
and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a
site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary
uses which require conditional approval before being allowed.
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Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed; such as special
purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers.
Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business
or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or
skirting, which does not reach or meet building code requirements and has been or may be equipped with
wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers,
tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent
foundation shall not change the character of the vehicle.
Variance. A modification or variation of a specific permitted development standard required as a provision
of this Code, to allow an alternative development standard not stated as acceptable in the official control,
but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or
unique circumstance, except that modification in the allowable uses within a district shall not be allowed as
a variance.
Vehicle. Commercial, Passenger, recreational, or equipment with gasoline or battery -operated motor and
wheels. including but not limited to cars, trucks, buses and RVs.
Watercraft. Motorized water -oriented vehicles including, but not limited to, power boats, cruisers, jet skis,
fishing/hunting boats, pontoon boats, and any non -motorized craft with greater than a two -person capacity.
This definition excludes non -motorized one and two person crafts such as canoes, kayaks, and paddle
boats.
Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either created or natural,
covered with shallow and sometimes temporary or intermittent waters as defined in the United States Fish
and Wildlife Service Circulator No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs,
wet meadows, and shallow lakes and ponds with emergent vegetation.
Wetland alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in
regard to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling;
grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or
destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation
plantings or selective clearing or pruning of prohibited or restricted noxious weeds, unless within a
Drainage and Utility Easement in which case submission of and written approval by the City is required.
Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetland that, either in
its natural condition or through intervention, has the characteristics of buffering the wetland from
surrounding landscaping.
Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US
Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary
determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report"
is a document that summarizes the observations, results and conclusions performed during the
assessment when wetlands are present.
Yard, front. A yard extending along the full length of the front lot line between the side lot lines.
Yard, minimum required. The minimum open space extending between a minimum building setback line
and the adjoining lot line in which a principle building may not be placed and in which accessory buildings
may only be placed as regulated in this Code.
Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot
and the rear line of the main building.
Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front
yard to the rear yard.
Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the
total rear yard.
Zoning Administrator. The administrative officer responsible for enforcing the City of Arden Hills Zoning
Code, as designated by the City Administrator. The Zoning Administrator may delegate responsibilities to
other city staff as needed.
Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning
districts.
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1300.09 Use Definitions
Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm
animals for general use; but not including raising and feeding (feedlots) of livestock, fur farms and kennels.
Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals,
which is located on the exterior, or outside, of any building or structure.
Antenna, dish. A parabolic -shaped antenna (including all supporting apparatus) which is used for
transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or
outside, of any building or structure.
• Class I: Dish Antenna under 30 inches or more in diameter; six feet in surface area; or six feet in
height.
• Class 11: Dish Antenna 30 inches or more in diameter; six square feet or more in surface area; or six
feet or more in height.
Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which
shall include a bath and kitchen accommodation, intended or designed for use as an independent
residence by a single household.
Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal
access to all rooms, one or more bathrooms, and one or more kitchens to provide lodging for at least
three but not exceeding five persons. A boarding house is distinguished from a transient accommodation
such as a hotel or motel as defined in this chapter.
Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or
wine in total quantity not to exceed 250,000 barrels a year on the premises.
Building, accessory structure or use. A subordinate building structure or use which is located on the
same lot on which the principal building or use is situated, and which is reasonably necessary, appropriate
and incidental to the conduct of the primary use of such principal building or principal use.
Building, principal. A building in which the principal use, of the lot on which it is located, is conducted.
Bulk Storage. Storage of materials to be used in the operation of the principal use. This shall include, but
not be limited to, forest, metal, concrete, agricultural and petroleum products, chemicals, and similar
products.
Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which
occupies time, attention, labor and materials, or whereby services are offered for compensation.
Business services. Services performed primarily for other businesses, including such services as
secretarial, clerical, employment agencies, business machine service, printing, etc.
Call Center. An office for providing incoming and outgoing telephone and computer services, customer
service, technical service, or telemarketing activities through electronic communications.
Cemetery/memorial garden. Land used or dedicated to the burial of the dead, including crematoriums,
mausoleums, funeral chapels and necessary sales and maintenance facilities.
Clinic. A building for out -patient medical treatment of humans or small animals.
Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons
for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or
for purposes which are customarily associated with a business.
Clubs, sports and fitness. A place of assembly where membership may be required and is directed
toward the general public with the commercial promotion of sports and physical fitness.
Commercial recreation, indoor. A commercial recreational use conducted within an enclosed building,
including arcade, arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club
or lounge, community center, pool or billiard hall, or a variety of organized or franchised sports, including
but not limited to basketball, ice hockey, wrestling, soccer, tennis and volleyball. This definition does not
include public use on public property.
Commercial recreation, outdoor. An accessory commercial recreational use conducted outdoor including
but not limited to horseshoes, bocce ball, or cornhole.
Consumer small loan establishment. Any establishment that offers consumer small loans, commonly
referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time.
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Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of
cremation.
Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one
or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on
a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's
own home, including but not limited to day care centers, day nurseries, daytime activity centers, day
treatment programs, and day services.
Day care, family. Day care for no more than ten children at one time of which no more than six are under
school age. The licensed capacity must include all children of any caregiver when the children are present
in the residence.
Day care, group family. Day care for no more than 14 children at any one time. The total number of
children includes all children of any caregiver when the children are present in the residence.
Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of
three or more dogs that are more than three months old.
Dog kennel, Residential. A structure specifically designed and residentially used for harboring up to three
dogs that are more than three months old.
Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than
two dogs.
Drive -up Window. A window or other opening at a business establishment that allows customers to
purchase and/or receive a service or product without having to enter the building.
Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including
single-family, two-family and multiple family uses, but not including dormitories, hotels, motels, nursing
homes, boarding or rooming houses, tents, seasonal cabins, or recreational vehicles including motor
homes or travel trailers.
Dwelling, live -work unit. A dwelling unit in combination with a shop, office, studio, or other workspace
within the same unit, where the resident occupant both lives and works. A live -work unit is not synonymous
with a home occupation because it is designed as a mixed -use facility, whereas the home occupation is
secondary and accessory to the residential use.
Dwelling, multiple family. A dwelling containing three or more attached dwelling units.
Dwelling, single-family. A dwelling that consists of one dwelling unit.
Dwelling, two-family. A dwelling that consists of two dwelling units.
Dwelling unit. A residential building or portion thereof intended for occupancy by one family with facilities
for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal
cabins, boarding or rooming houses, motor homes or travel trailers.
Dwelling unit, single-family attached. A dwelling unit which is located on its own individual lot but joined
along a single lot line to one or more other dwelling units with a party wall and having a separate point of
entry.
Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit and is
located on a separate lot with the structure surrounded by open space and having a separate point of entry.
Financial institution. An establishment that provides financial and banking services to consumers or
clients. Typical uses include banks, savings and loan associations, credit unions, investment companies,
and automated teller machines (ATMs). Financial institution shall not include a consumer small loan
operation.
Garage, private. An accessory building or portion of the principle building which is intended and used for
the storage of the private passenger vehicles of the family or families who reside upon the lot upon which
the garage is located.
Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work,
painting and vehicle wash, and incidental display and sales of automotive products but not including factory
assembly of such vehicles, auto wrecking, or junkyards.
Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers,
tractors and commercial vehicles exceeding one ton rated capacity.
Page 14 of 19
Grading and excavating. The act of excavation or filling or combination thereof to alter the contour of land
for development purposes.
Group quarters. Living arrangements for multiple unrelated individuals residing together. Residents may
be under formal care or custody. Examples of group quarters include: dormitories, nursing homes,
residential treatment centers, group homes, military barracks, and/or emergency shelters or transitional
housing. See also: Nursing Home; Residence Hall, dormitory; and Residential facility.
Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities
approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of
Education. These facilities can include, but are not limited to, classrooms; laboratories; seminaries; dining
and residence halls; athletic, wellness, and spiritual facilities; administrative offices; performance art
centers; parking and transit structures; and child care facilities.
Home occupation. The accessory or conditional accessory use of a residential structure for any gainful
occupation or profession.
Hospital. An institution licensed by the state department of health, providing primary health services and
medical or surgical care, to sick or injured persons, primarily inpatients. May include related facilities such
as laboratories, outpatient facilities, or training facilities.
Hotel/motel. Any building, or group of buildings, having five or more guest rooms intended or designed to
be rented or hired out to be occupied, or which are occupied for sleeping purposes by transient guests.
Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or
warehousing of products and materials.
Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals,
paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses
established entirely within enclosed buildings.
Lower -Potency Hemp Edible. Any product that (1) is intended to be eaten or consumed as a beverage by
humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food
ingredients; (3) is not a drug; (4) consists of servings that contain no more than five milligrams of delta-9
tetra hydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of
those cannabinoids that does not exceed the identified amounts; (5) does not contain more than a
combined total of 0.5 milligrams of all other cannabinoids per serving; (6) does not contain an artificially
derived cannabinoid other than delta-9 tetra hydrocannabinol; (7) does not contain a cannabinoid derived
from cannabis plants or cannabis flower; and (8) is a type of product approved for sale by the Office of
Cannabis Management or is substantially similar to a product approved by that Office, including but not
limited to products that resemble nonalcoholic beverages, candy, and baked goods. Lower -Potency Hemp
Edibles includes "edible cannabinoid products" as defined by Minn. Stat. § 151.72. Lower -potency hemp
edibles do not include products containing only non -intoxicating cannabinoids.
Lower -Potency Hemp Edible Sales. The processing or sale of lower -potency hemp edibles or hemp -
derived consumer products.
Manufactured home. A structure, transportable in one or more sections, 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 utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained
in the structure; except that the term includes any structure which meets all the requirements and with
respect to which the manufacturer voluntarily files a certification and complies with the standards
established under this Code, Minnesota State Statutes as amended from time to time, or the Code of
Federal Regulations 24 CFR Part 3280 — Manufactured Home Construction and Safety Standards as
amended from time to time. The term "manufactured home" does not include the terms "recreational
vehicle" and "mobile home."
Manufacturing and processing. All uses which include the compounding, processing, packaging,
treatment, or assembly of products and materials. Generally, these are industries dependent upon raw
materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and
plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals,
plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products;
Page 15 of 19
distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign
shops, contractor's shops and storage yards.
• Class I: Above uses without exterior storage.
• Class II: Above uses with permitted exterior storage.
Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity
not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute
on -sale and off -sale alcohol in compliance with MN state statute 340A.301, subd. 6b.
Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to
exceed 40,000 proof gallons in a calendar year.
Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial
minerals, and other nonmetallic minerals not regulated under Minn. Stat. Chap. 93.44 - 93.51; or
Successor Statutes. Mineral extraction does not include grading and excavating as defined in this Chapter.
Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family
dwelling prior to June 14, 1976, or without a label or data plate as required in MN state statute Chapter 328
and which has a width of less than 20 feet over more than 25 percent of its length; or which is not placed
on a permanent foundation complying with the requirements of the state building code or which is not
continuous and solid for the entire perimeter of the structure.
Modular Home. A one- or two-family dwelling constructed in accordance with applicable standards
adopted in Minnesota rules, Chapter 1360 or 1361, and attached to a foundation designed to the State
Building Code.
Manufactured home park. Any site, lot, field or tract of land upon which two or more occupied
manufactured or mobile homes are located, and includes any building, structure, tent, vehicle or enclosure
used or intended for use as part of the equipment of the manufactured home park. Premises on which
manufactured and/or mobile homes are sold for removal to another site are excluded.
Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead
for burial and arranging and managing funerals but not including a crematorium.
Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general
public. Includes minor services and washing as an accessory use. Not more than eight rental or lease
vehicles on site at one time.
Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles
including engine repair, replacement or parts and engine service, but does not include body work, painting,
factory assembly of vehicles or vehicle wrecking yards.
Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce.
Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term
residence for disabled or elderly individuals. This includes a combination of housing, supportive services,
personalized assistance and health care designed to respond to the individual needs of those who need
help with activities of daily living, such as dressing, grooming, bathing, etc.
Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons
conduct commercial activities, provide professional services, or carry on occupations and where goods are
not stored, produced, sold at retail or repaired, including but not limited to the following: executive and
administrative offices, business offices such as insurance, real estate, sales and similar offices,
professional offices such as offices of engineers, surveyors, architects, accountants, attorneys,
bookkeepers and similar offices, studio offices such as where musicians, photographers, dancers, and
designers or similar professional artists practice their profession, but excluding medical clinics.
Office showroom/warehouse. An office facility in which more than 50 percent of the total floor area is
utilized for the display and sale of goods or merchandise on the premises, and/or for the storage and
distribution of goods or merchandise from the premises.
Off -site service business. Any establishment where services are rendered off of the premises of the
primary business location including but not limited to plumbing, installation, electrical, or IT services.
Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles.
Page 16 of 19
Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or
merchandise, and for the storing of same under the open sky prior to sale. This may include, but is not
limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes,
machinery, lumber, building materials, and similar items. Approved open air garden centers shall be
exempt.
Outdoor display and sales. The display of goods for sale or rent outside an enclosed building.
Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active
and passive recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey
County Parks and Recreation Department.
Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business.
Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or
in part in the business of lending money on the security of pledged goods left in pawn, or in the business of
purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period of time. (b) The following are exempt from
the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the
currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the
Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings
association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance
Corporation or any successor to it and all affiliates of those banks and savings associations; any state or
federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to
licensing and regulation by the Department of Commerce.
Personal services. Services customarily rendered for compensation. Such services shall only involve
minor storage and related sales of products and supplies related to the service offered and for customers
ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel
tailoring and cleaning; hair styling, trimming and cutting; beauty services; photographic services; tattoo and
tattoo removal services; and other services of a similar nature.
Place of assembly. A place where groups of persons gather together at regular, scheduled intervals for a
particular purpose (e.g. religious, political, educational, social or cultural). Types of assemblies include
movie theaters, concert halls, places of worship, auditoriums, banquet or meeting rooms, conference
centers, and the like.
Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public
purposes by any department or branch of government, federal, state, county or city, excluding independent
school districts, without reference to the ownership of said lot, parcel of land, building or structure.
Recreation, commercial. Recreational facilities which are operated for profit or render a service which is
customarily considered as a business.
Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic
tables, lawn chairs, barbecue stands, and similar equipment or structures, when used on residential
property, but not including electronic towers, tree houses, swimming pools, playhouses exceeding twenty-
five (25) square feet of floor area, or sheds utilized for storage of equipment.
Research and development facility. Establishments which conduct research, development, or controlled
production of high-technology electronic, industrial, or scientific products or commodities for sale; or
establishments conducting educational or medical research or testing. May include limited
accommodations for researchers or research subjects. Research with animals is considered a separate
category.
Residence hall, dormitory. A building designed for or used as group living quarters for students of a high
school, college, university or seminary, organized and owned, or leased in its entirety, by a high school,
college, university or seminary.
Residential facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides
one or more persons with a 24 hours per day substitute for care, food, lodging, training, education,
supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be
furnished in the person's own home, including but not limited to, state institutions under the control of the
commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group
homes, residential programs, or schools for handicapped children.
Page 17 of 19
Restaurant. A business establishment whose principal business is the preparation, service and sale of
food and beverages to be consumed by customers while seated at tables or counters located within the
building on the premises.
Restaurant, fast food. Any restaurant which meets a number of the following requirements:
• Customarily provides quick service to its customers;
• Offers to its customers a limited, standardized menu of inexpensive food and/or beverages;
• Serves its customers from a counter located within the building on the premises and does not
customarily offer service at the table by waiter or waitress;
• Allows customers to consume their orders of food and/or beverages at tables or counters within the
building, in their automobiles parked on the premises, or away from the premises as the customers
choose;
• Packages and services a substantial proportion of its food and/or beverages in disposable
wrappers, containers, cartons, boxes and bags;
• Provides a number of trash, litter, or garbage cans in the parking areas and within the building on
the premises for the deposit of the disposable packaging in which the food and/or beverages are
provided;
• Prepares and cooks a substantial proportion of its food in volume, in advance of orders by
customers, and usually in anticipation of predicted volumes of customers at certain times of the day;
• Specifies the items of food and/or beverage offered to customers on signs, placards, posters,
valances, or boards posted in conspicuous places throughout the building rather than on printed
menus given to the customers;
• Generates a high volume and rapid flow of in -and -out traffic because of its quick service mode of
operation.
Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods
and the provision of services directly to the consumer, excluding those uses defined more specifically in
this Code. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots,
repair garages, pawn shops, thrift stores, and open sales lots are not included in this definition of retail
sales and service.
Retail sales and service, accessory. The sale of goods or services located within the same building or on
the same lot as the principal use. This use may include daycares, restaurants, recreation, convenience
goods, personal services, cafeterias, and similar uses.
Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the
transportation and activities associated with the transportation of students.
Schools, general education. Nursery, primary, elementary and secondary schools.
Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving
and other professional schools, with or without on -site housing. )
Self -storage facility. A structure or structures containing separate storage spaces of varying sizes, which
are leased or rented individually. An office, for rental and operations of the units, may be attached to such
structures.
Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease
for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor
vehicles. Includes greasing and oiling, one -bay motor vehicle washes and the sale of automobile
accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting
and upholstering, replacement of parts and motor services to passenger automobiles and trucks not
exceeding one and one-half tons capacity. It shall not include major general repair, rebuilding or
reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender
straightening or repair; overall painting or paint job.
Soil processing. The processing of sand, gravel or other materials mined from the land.
Solar Energy System. A system or set of devices whose primary purpose is to collect, convert, store and
distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating
and other energy -using processes.
Page 18 of 19
Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials,
equipment or vehicles to be used either on site or off site.
Thrift Store. A business for which the stock of goods is primarily used and may include the following
operational characteristics:
• Receipt of used items directly from the public at the business location.
• Processing, conditioning, cleaning, or repair of used or returned items for resale.
• Storage of used items on site for processing, resale, or disposal.
• Receipt of goods through purchase, consignment, or donation.
Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which
is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but
not limited to a free-standing radio (including ham radio and private radio transmitting) or television
receiving antenna, a windmill, and a wind -power generator.
Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent
dwellings above or below it, and is attached to other similar dwellings by a common wall.
Utility distribution lines. The distribution facilities of electric power, gas, water and communication
companies which directly serve abutting properties.
Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc.,
services.
Utility transmission lines. The transmission facilities of electric power and communication companies that
do not directly serve abutting properties.
Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles.
Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored
which do not possess current state auto licenses.
Warehousing. The storage and distribution of materials or equipment within an enclosed building but not
including personal storage facilities.
Waterfront uses. Boat docks and storage, water recreation equipment, and other uses normally
associated with lakeshore property.
Page 19 of 19
Attachment B
Chapter 13 Zoning
1310. Introduction to Zoning Districts
1310.01 Establishment of Districts
Subd. 1 The zoning districts designated herein are hereby established so as to assist the
City in carrying out the intent and purpose of its Comprehensive Plan and to control
development in a manner consistent with the provisions of adequate public services and
utilities.
Subd. 2 For the purposes of this Code, the City of Arden Hills is hereby divided into the
following zoning districts:
A. Base Districts
1. R-1 Suburban Residential 1 District
2. R-2 Suburban Residential 2 District
3. R-3 Mixed Residential District
4. R-4 Attached Residential District
5. MU Mixed Use District
6. NB Neighborhood Business District
7. CB Corridor Business District
8. BP Business Park District
9. GB Gateway Business District
10. 1-1 Limited Industrial District
11. I -FLEX I -FLEX District
12. CC Civic Center District
13. INST Institutional District
14. POS Parks and Open Space District
15. CD Conservation District
B. Overlay Districts
1. PUD Planned Unit Development District
2. Shoreland
3. Flood Plains
1310.02 Official Zoning Map
Subd. 1 The location and boundaries of the zoning districts are defined in the "Official
Zoning Map of Arden Hills, Minnesota" accompanying this code. Such maps and any
amendments, with all explanatory matter thereupon, are hereby made a part of this code
and shall be as much a part of this code as if the matter and information set forth
thereon were all fully described herein. The Official Zoning Map shall remain on file in
the office of the Zoning Administrator.
1310.03 Boundaries of Zoning Districts
Subd. 1 District boundary lines as indicated on the Official Zoning Map are intended to
follow street right-of-way lines, street centerlines, or lot lines unless a boundary line is
otherwise indicated on said map.
Page 1 of 8
Subd. 2 Whenever any public street is vacated by official action, the zoning districts
abutting the centerline of said vacated street should not be affected by such action.
Subd. 3 In the case where a boundary line does not appear to follow a property line,
street or right-of-way line, or where such line is not dimensioned on said map, the
boundary line shall be determined by the scale appearing on the map.
Subd. 4 All boundaries shall be determined by measurement from and as shown on the
Official Zoning Map, and in case of any questions as to the interpretation of such
boundary lines, the Zoning Administrator shall interpret the map according to the
reasonable intent of this Code.
1310.04 Use of Pre -Existing Lots
Subd. 1 If two or more pre-existing, contiguous lots, including Lots of Record, in total
could not be divided into two or more lots meeting the requirements of Section 1320 and
are held by the same owner on November 13, 2006, they shall be considered one lot for
building and zoning purposes. A covenant, duly filed and recorded, shall be required
before a building permit is issued thereon.
Subd. 2 Lots joined together for zoning or building purposes shall not be divided in the
future but shall be tied together by restriction filed with the County.
1310.05 Requirements Not to Be Reduced
Subd. 1 No existing lot, yard, or parking area shall be so reduced in area or dimension as
to make any such area or dimension less than the minimum required by this Code. If
already less than the minimum required, the area or dimension shall be deemed as
nonconforming and shall not be further reduced, except as processed by the variance
provisions in Section 1370.04.
Subd. 2 No minimum yard or open space provided for any principal building or lot for the
purpose of complying with the provisions of this Code shall be utilized to provide the
minimum yard or open space requirement for any other principal building or adjoining lot
whereon a building is to be erected.
1310.06 Exceptions to the Minimum Requirements for All Districts.
Subd.1 Setbacks.
B. Front Setbacks. Where more than 40 percent of existing principal buildings on a
block have a greater setback than the minimum setback required herein, the front
setback of a new principal structure shall not be less than the average setback of the
block. In no case shall a residential building be required to set back more than 60
feet.
C. Side and Rear Setbacks. Buildings in districts that allow "zero lot line" setbacks
alongside or rear property lines may be exempted from side and rear setback
requirements provided party walls are used and the adjacent building(s) are
constructed as an integral unit.
D. Through Lots. Where appropriate, the Zoning Administrator may determine that one
of the front yards of the through lot is deemed a rear yard with appropriate rear yard
setback regulations in the applicable district. Factors to be considered shall include
topography, location of structures on the lot, location of structures on adjacent lots,
and the type of streets or thoroughfares abutting the lot.
E. Lakeshore Setbacks. Minimum lakeshore setbacks are established through
shoreland regulations for all development abutting lakes. No building shall be located
within the minimum lakeshore setbacks as set in Section 1330.02.
Page 2 of 8
Subd.2 Height.
A. The height of any building or structure shall not exceed the maximum height
permitted in the applicable zoning district listed in Table 1320.4, except as hereinafter
provided.
B. The following structures may extend up to four feet above the maximum permitted
height allowed in the zoning district:
1. Spires, belfries, cupolas, and domes;
2. Chimneys and smokestacks;
3. Parapet walls;
4. Public monuments and flagpoles;
5. Public and private utility facilities;
6. Electronic transmission towers;
7. Roof -mounted television and radio antennae; and
8. Roof -mounted mechanical equipment, whether screened or completely enclosed,
as long as the enclosure(s) does not occupy more than 30 % of the roof area and
does not extend more than 12 feet above the roof upon which it is located.
Subd. 3 Equipment Attached to the Ground or Other Structure. Equipment permanently
attached to the ground or attached to another structure having a location on the ground
may be located in side or rear yards provided they are at least two feet from any lot line.
This provision includes, but is not limited to, recreational equipment, gym sets, picnic
tables, patios, barbecue grills and clotheslines.
Subd. 4 Intersection Visibility. On a corner lot, nothing shall be placed in the clear vision
area, and nothing shall be allowed to grow in such a manner as to materially impede
vision now or in the future between a height of 30 inches and 10 feet in the clear vision
area (See Figure 1310.1 Clear Vision Area).
Figure 1310.1 Clear Vision Area
Clear Vision Area:
No elements exceeding
30" in height.
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Side Lot Line
Page 3of8
Subd. 5 Permitted Encroachments.
A. Decks, uncovered porches, ramps, basement egress windows, and steps may
extend six feet into the required setbacks but shall not be located closer than six feet
to any lot line.
B. Features which are part of a principal structure, including, but are not limited to,
eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and
chimneys shall be allowed to encroach as follows:
1. In all zoning districts except R-2 and R-3, these features may extend three feet
into the required setbacks but shall not be located closer than six feet to any lot
line.
2. In R-2 and R-3 zoning districts, these features shall not be located closer than
three feet to any lot line.
C. Stairs or steps required per the International Building Code shall be permitted
encroachments in all districts.
D. Covered Porches for Single -Unit Detached Dwellings.
1. For already developed lots on which a principal structure existed prior to May 1,
2006, the Covered Porch shall not be closer to the front lot line and side yard
corner as determined by the following provisions:
a. The Covered Porch shall be set back from the front lot line and side yard
corner at least the number of feet calculated by the following formula:
i. Current principal structure setback in feet multiplied by 0.75 = Covered
Porch setback from the front lot line and side yard corner in feet
ii. (For example, if the principal structure is 32 feet from the front lot line,
then: 32 feet * 0.75 = a 24-foot setback from the front lot line and side
yard corner for the Covered Porch. In this case, the Covered Porch may
extend up to eight feet from the principal structure into the front setback)
b. For this subsection, the principal structure setback is defined as: The setback
from the front lot line to the front of the principal structure, not including
overhangs, awnings, eaves, garages, stoops, sidewalks, bay windows,
cantilevered areas, accessory structures, attached garages encroaching on
the front setback, existing porches, or other extensions or projections not
deemed part of the principal structure.
c. A Covered Porch on a principal structure that is set back 50 feet or more from
the front lot line shall be set back at least 40 foot front lot line.
d. No Covered Porch shall be constructed closer than 20 feet to the front lot line
without review and approval through the variance process.
e. Required steps per the International Building Code shall be excluded when
calculating the dimensions of the Covered Porch.
2. For vacant lots where a principal structure is constructed after May 1, 2006, the
Covered Porch shall not be closer than 30 feet to the front lot line or the side yard
corner.
3. For already developed lots on which a new principal structure is developed after
May 1, 2006, and the new principal structure exceeds the footprint of the original
structure, the Covered Porch shall not be closer than 30 feet to the front lot line
or side yard corner.
4. For already developed lots on which a new principal structure is developed after
May 1, 2006, and the new principal structure does not exceed the footprint of the
Page 4 of 8
original structure, the Covered Porch may be set back from the front lot line and
side yard corner a distance as calculated in Section 1310.06 Subd. 5.D.1.a.
5. Building Permits shall be required before the construction of a Covered Porch.
The Zoning Administrator must make the following findings prior to the approval
of a building permit for a Covered Porch:
a. The Covered Porch shall comply with the front and side yard corner setbacks
determined by Section 1310.06 Subd 5.D.1.a-e.
b. The Covered Porch shall comply with all other aspects of the underlying
zone, including the side yard interior setbacks and impervious coverage
limits.
c. A Covered Porch within the 40 foot front yard setback shall not be converted
to a four -season porch.
d. The design of the Covered Porch shall comply with the following:
i. General Form. The form of your porch addition is the outer shape created
by the exterior walls and roof. The form of the addition should be
appropriate and compatible to the form of your existing home.
ii. Base of the Porch. The base of the porch is not open, the base shall be
either a masonry perimeter foundation, providing for proper drainage; or
be screened by a solid fascia consistent with the front of the home or
lattice with openings no larger than two inches by two inches and painted
to be consistent with the front of the home.
iii. Ceilings. Open-air porches must have ceilings of durable grade materials
such as beadboard or painted or stained wood.
iv. Columns. Structural columns should be clad in finish grade, wood trim or
be a decorative shape that is compatible with the design of the existing
house. The columns should be expressed on the exterior of the porch to
help articulate the porch fagade.
v. Exterior Walls. The exterior walls are considered to be those exterior
surfaces from the floor line to the ceiling of the porch. This surface is to be
at least 65 percent open and no more than 35 percent solid. The open
surfaces are to be open air or occupied by screens, and/or screen doors.
The solid surfaces are to be exterior materials that are consistent or
complementary in color, texture, and quality to those of the front of the
existing home. Solid surfaces may only include columns, spindles, and
railings; solid walls (even partial) are prohibited.
vi. Floors. Open-air porches must have floors of durable exterior grade
materials such as concrete, painted or stained solid wood, high quality
composite materials, or brick.
vii. Railings. The height and spacing of railing must meet the requirements of
the International Building Code. Acceptable railing materials are painted
or stained wood, high quality composite materials, and painted metal. The
design of the railing assembly should be compatible with the details of the
existing house.
viii. Roofs. The roof or your porch addition should be properly proportioned in
shape and pitch to the rooflines of the existing house and have no less
than a 3/12 slope. Roofing materials should match as closely as possible
to the materials of the existing home.
ix. Landscaping. Integrating your porch addition into your yard is as
important as its integration to the house. Plant materials and landscape
Page 5of8
features should transition the porch into your yard, providing a visual
base. Landscaping could also be placed along the entry path.
1310.07 Parking in Residential Districts
Subd. 1 Residential districts shall comply with all applicable parking, loading and
circulation requirements in Section 1350.03.
Subd. 2 Exterior storage or parked vehicles, that are unlicensed or in an inoperable
condition shall not be parked outdoors in the City for a period exceeding seven days.
Subd. 3 Regulations for Parking in Residential Districts.
A. Parking shall be prohibited on any area of the property except on designated
driveways or parking lots.
B. Residential properties containing single -unit, two -unit, and townhouse dwellings shall
be limited to no more than four vehicles parked on the driveway.
C. The vehicles that are not garaged must be currently licensed, operable, and in good
repair.
D. Vehicles may be advertised "For Sale" provided the vehicle is owned by the property
owner where the vehicle is parked and the vehicle is currently licensed, operable,
and parked entirely on a hard surfaced driveway. The number of vehicles sold from a
residential location within a given year shall not exceed the amount allowed by the
Minnesota Department of Public Safety.
E. Only temporary, not exceeding 14 days, minor repairs of vehicles owned by the
occupants or residents of the principal use are permitted. No exterior storage of car
parts is allowed at any time.
F. Commercial vehicles, as defined in Section 1300.08, or as otherwise approved by
the Zoning Administrator, shall not be parked or stored in a residential district
overnight, except that:
1. Commercial motor vehicles parked for temporary activities such as loading,
unloading, rendering a service, or for emergencies shall be permitted provided
that the commercial motor vehicle, may only be parked for the period of time in
which the operator is scheduled or requested by the property owner.
2. In all cases, no more than two commercial vehicles shall be parked on a
residential lot at any given time.
1310.08 Nonconforming Uses, Structures, and Lots
Subd. 1 Intent.
A. It is the intent of this Code to provide for the gradual elimination of lawful
nonconformities and occupancies, including requiring lawful nonconformities to
eventually conform with this Code or terminate within a reasonable time because of
their incompatibility with the zoning district in which they are located.
B. The provisions of this Section shall pertain to all lawful nonconforming lots, uses or
structures as applicable, and specifically to the performance standards outlined in
the established districts.
C. Any nonconformity shall remain in conformance with this Section and MN State
Statues 394.36, as may be amended from time to time. The nonconformity may be
subject to additional regulations relating to appearance, signs, lighting, hours of
operation and other aesthetic performance characteristics including, but not limited
to, noise, heat, glare, vibrations and smoke.
Page 6of8
Subd. 2 Continuation of Nonconforming Uses and Buildings
A. Any nonconformity, including the lawful use or occupation of land or premises
existing at the time of the adoption of this Code, may continue including through
repair, replacement, restoration, maintenance or improvement, but shall not be
expanded.
B. A building found to be nonconforming because of height, setbacks or lot area, may
continue to exist so long as it is used for purposes permitted in the zoning district in
which it is located.
C. If the nonconformity is discontinued or ceases to exist for any reason for a period of
more than one year, then the use, building or lot constituting or containing the
nonconformity, or the land upon which the nonconforming use is being conducted,
shall thereafter be used in conformance with the regulations of this Code, applicable
to the zoning district in which it is located.
D. If the nonconformity is destroyed by fire or other peril to the extent of greater than 50
percent of its estimated market value, as indicated in the records of the County
Assessor at the time of damage, and no building permit has been applied for within
180 days of when the property is damaged, any subsequent use or occupancy of the
land must be a conforming use or occupancy. In this case, the City may impose
reasonable conditions upon a building permit in order to mitigate any newly created
impact on adjacent property or water body.
E. When a nonconforming structure in the shoreland district with less than 50 percent of
the required setback from the water is destroyed by fire or other peril to greater than
50 percent of its estimated market value, as indicated in the records of the County
Assessor at the time of damage, the structure setback may be increased if
practicable and reasonable conditions placed upon a zoning or building permit to
mitigate created impacts on the adjacent property or water body.
F. The continuance of nonconforming uses shall not prevent or interfere with action that
may be taken to abate any nuisance in any manner provided by law.
Subd. 3 Prohibited Activities
A. A nonconforming use shall not be changed to a different nonconforming use,
enlarged, intensified, increased, extended to occupy a greater area of the lot on
which it is located or moved to any other part of the lot or building on which it is
located.
B. A nonconforming building shall not be increased, enlarged, altered, intensified or
extended to occupy a greater area or height on the lot on which the building is
located, or moved to any other part of the lot on which the building is located, in a
way that augments its nonconformity.
Subd. 4 Single and Two -Unit Dwelling Nonconformities.
A. For residentially developed lots with single -unit or two -unit dwellings in which a
principal structure exists, but is nonconforming for reasons of setbacks or lot
dimension, the principal structure may be expanded provided that all of the following
provisions are met:
1. The proposed addition extends no closer to a property line than the pre-existing
nonconforming structure;
2. If the addition expands the footprint of the structure, then the proposed addition
extends no closer than 30 feet from the front property line or five feet from a side
property line;
3. The exterior materials of the proposed addition are similar to that of the existing
structure;
Page 7of8
4. The roof material and pitch of the proposed addition is consistent to that of the
existing structure;
5. The addition does not adversely affect drainage on the lot or neighboring
properties;
6. The addition does not extend within a drainage and utility easement, and meets
all requirements of the Building and Fire Codes;
7. The addition does not expand the nonconforming height of a structure;
8. The addition does not further increase a nonconforming lot coverage; and
9. The addition does not create any new nonconforming conditions.
Page 8of8
Attachment C
Chapter 13 Zoning
1320. Base District Regulations
1320.01 District Purpose Statements
Subd. 1 The following statements specify the intent of the zoning districts established to
regulate the city
A. R-1: Suburban Residential 1 District. The purpose of the R-1 District is to provide for
areas for single -unit, as well as for two -unit dwellings, senior housing, or for
institutional uses such as schools or places of assembly in settings that are
compatible with the surrounding neighborhood.
B. R-2: Suburban Residential 2 District. The purpose of the R-2 District is to provide
areas for a mixture of single -unit and two -unit dwellings, as well as for senior
housing, or for institutional uses such as schools or places of assembly in settings
that are compatible with the surrounding neighborhood.
C. R-3: Mixed Residential District. The purpose of the R-3 District is to provide areas for
single -unit and two -unit dwellings; attached housing, including twinhomes,
townhomes, small-scale multifamily buildings; and senior housing. Schools and
places of assembly may be permitted in settings that are compatible with the
surrounding neighborhood.
D. R-4: Attached Residential District. The purpose of the R-4 District is to provide areas
for attached housing, including multifamily buildings and senior housing. Schools and
places of assembly may be permitted in settings that are compatible with the
surrounding neighborhood.
E. MU: Mixed Use District. The purpose of the MU District is to serve as a mixed use
area in which to live, work, or recreate within a compact and architecturally enhanced
setting. This district supports a wide range of compatible residential, retail, service,
office, and institutional uses. Site standards encourage pedestrians and bicyclists
and the creation of places for people to gather and socialize.
F. NB: Neighborhood Business District. The purpose of the NB District is to provide
areas for limited and compatible retail, service, and office uses, along with small-
scale mixed -use buildings that may include dwelling units. Development should
encourage pedestrian, bicycle, and public transportation access.
G. CB: Corridor Business District. The purpose of the CB District is to accommodate the
transactions of a broad range of goods and services to meet the needs of the
surrounding community, as well as the needs of passing motorists due to proximity to
arterial streets or highways.
H. BP: Business Park District. The purpose of the BP District is to provide a centralized
location for multiple -occupancy buildings that are able to serve a wide variety of
uses, including supply and distribution, printing, contracting offices, and indoor sports
and fitness.
I. GB: Gateway Business District. The purpose of the GB District is to establish areas
for unified, large-scale development of light industrial, office, warehouse, and
research uses in close proximity to freeways.
J. 1-1: Limited Industrial District. The purpose of the 1-1 District is to provide areas
where industrial uses may locate in order to present the fewest impacts to adjacent
land uses.
Page 1 of 19
K. I -FLEX: I -FLEX District. The purpose of the I -FLEX District is to allow for a variety of
office, service, manufacturing, and other compatible uses that serve local and
regional needs. Development should foster employment and complement the
surrounding uses in terms of performance, character, quality, and appearance.
L. CC: Civic Center District. The purpose of the CC District is to accommodate
intergovernmental facilities and uses that provide important public services to the
community. Development should be compatible with adjacent uses and located on or
in proximity to an arterial street.
M. INST. Institutional District. The purpose of the INST District is to establish areas for
educational, residential, athletic, or recreational facilities to serve students on the
campus of a post -secondary education institution.
N. POS: Parks and Open Space District. The purpose of the POS District is to provide
areas for publicly owned lands that have recognized outdoor recreational or open
space resources, to support community health through the provision of active and
passive outdoor recreational opportunities, to promote natural and ecological
stewardship, and to conserve vital environmental resources.
O. CD: Conservation District. The purpose of the CD District is to provide a "holding"
zone for federally owned lands on the Arden Hills Army Training Site to ensure that
future development is staged, maintains a sustainable level of public expenditures for
utilities and services, and protects those areas generally determined to be unsuitable
for development due to the presence of wetlands, floodplains, steep slopes, certain
drainage and soil conditions, and critical wildlife habitat.
1320.02 General Use Provisions
Subd. 1 Tables 1320.1 and 1320.2 list land uses and indicate whether they are permitted,
permitted with standards, or conditional within each district. The tables also include
references as to whether additional use -specific standards are applicable to the use.
A. The following definitions shall be referenced when using Tables 1320.1 and 1320.2:
1. Permitted (P) - Those uses that are allowed as a matter of right, subject to
compliance with all other applicable provisions of this chapter.
2. Permitted with Standards (PS) — Those uses that are allowed only after
confirmation by the Zoning Administrator that the specific standards for the use
have been met in accordance with the requirements in Section 1340. Uses that
are permitted with standards must also comply with all other applicable
provisions of this chapter.
3. Conditional (C) - Those uses that are allowed only after issuance of a Conditional
Use Permit as required in Section 1370.04 Subd. 3. Conditional Uses must also
comply with all other applicable provisions of this chapter. Conditional Uses may
include those uses that are:
a. Listed as a conditional use in either the Principal Use or Accessory Use
Table.
b. Multi -operational if at least one of the operations is classified as a conditional
use.
4. Interim (1) —Those uses that are allowed only after issuance of an Interim Use
Permit as required by Section 1370.04 Subd. 4. Interim Uses must also comply
with all other applicable provisions of this chapter.
5. Prohibited —A blank cell in the use table indicates that the land use is prohibited
in that zoning district. Unlisted uses are considered prohibited unless or until the
process described in Section 1320.02 Subd. 2. is initiated.
Page 2 of 19
B. Table 1320.1 organizes all principal uses by use category and use type:
1. Use categories. The use categories are: residential; public, civic & institutional;
commercial; industrial; recreation and entertainment; natural resources &
agricultural; recreation & open space; and utility & transportation.
2. Use types. The specific use types identify the specific uses that are considered to
fall within the use categories. For example, a two -unit dwelling (duplex) and
townhome/rowhouse dwelling are classified as residential use types.
Subd. 2 Where questions arise as to whether a proposed use falls within a permitted use
category, a permitted with standards category, or a conditional use category, or whether
a specific use that is not included in a Land Use Table should be allowed in a particular
district, the Planning Commission shall make a recommendation to the City Council
which shall make the final determination that the use is similar to other allowable uses in
the district or that a zoning code amendment procedure should be initiated.
1320.03 Land Use Tables
Subd. 1 Principal Use Table (Table 1320.1)
Table 1320.1 Principal Use Table
Residential
Industrial
Other
R-1
R-2
R-3
R-4
MU
NB
CB
BP
GB
1-1
I -FLEX
CC
INST
CD
POS
Residential Uses
Household Living
Dwelling, single -unit
P
P
P
Dwelling, cottage
PS
PS
courtyard a
Dwelling, two -unit
PS
P
P
(duplex) a
Dwelling, two -unit
attached (twinhome)
PS
PS
P
PS
C
a
Dwelling,
townhome/rowhouse
PS
P
P
PS
C
a
Dwelling, multi -unit
P
P
PS
C
(small scale) a
Dwelling, multi -unit
P
PS
(large scale) a
Dwelling: live -work
C
unit
Manufactured home
C
C
park a
Group Living
Care facility a
C
C
C
C
C
Residence hall
P
Page 3 of 19
Table 1320.1 Principal Use Table
Residential
Mixed
Commercial
Industrial
Other
Use
R-1
R-2
R-3
R-4
MU
NB
CB
BP
GB
1-1
I -FLEX
CC
INST
CD
POS
Residential facility,
state licensed
P
P
P
P
P
P
serving 1-6
Residential facility,
state licensed
C
C
C
C
C
C
serving 7-16
Public, Social, &
Institutional Uses
Day care facility
P
P
P
P
P
P
P
Higher education
C
campus
Hospital
P
P
Mortuary / funeral
P
P
home
Place of assembly a
C
C
C
C
C
C
C
C
C
C
C
C
C
Public use a
C
C
C
C
P
C
C
C
C
C
C
C
P
P
School, general
C
C
PS
PS
PS
PS
C
C
C
education a
School, specialized
C
C
C
education a
Commercial Uses
Food, Beverage, &
Indoor
Entertainment
Adult Uses a
C
Brewpub
PS
PS
PS
PS
PS
Commercial
P
PS
P
P
P
P
P
recreation - indoor a
Event center a
C
C
Liquor Store
P
P
P
Micro brewery a
PS
PS
PS
PS
Micro distillery a
PS
PS
PS
PS
Restaurant a
P
C
P
P
P
P
Theater
C
P
Office, Retail &
Service uses
Automobile fuel
C
C
C
C
station a
Automobile service
C
C
C
station (major) a
Page 4 of 19
Table 1320.1 Principal Use Table
Residential
Mixed
Commercial
Industrial
Other
Use
R-1
R-2
R-3
R-4
MU
NB
CB
BP
GB
1-1
I -FLEX
CC
INST
CD
POS
Automobile service
C
C
C
C
station (minor) a
Boarding house
C
C
Cannabis,
C
mezzobusiness a
Cannabis,
C
microbusiness a
Cannabis, retail
C
sales a
Car wash a
C
C
Hotel / motel a
C
P
C
C
C
Open sales lot a
C
Pawn shop
C
Retail sales and
P
P
C
service (large) a
Retail sales and
P
PS
P
P
service (small) a
Thrift Store
C
C
Business service
P
P
P
P
P
P
Services
Animal veterinary
PS
PS
PS
PS
PS
PS
clinic
Clinic, medical office
P
PS
P
P
P
P
a
Club, sports and
P
P
P
P
P
P
fitness
Dog kennel,
C
C
C
commercial
Dry cleaning
C
C
Financial institution
P
PS
P
P
P
P
and service a
Laundry, self-service
C
C
C
Off -site service
P
P
P
business
Personal services a
P
PS
P
P
Business &
Technical Services
General office,
P
P
P
P
P
P
P
P
P
C
studio
Research and
C
C
C
C
C
C
C
development facility
Page 5 of 19
Table 1320.1 Principal Use Table
Residential
Mixed
Commercial
Industrial
Other
Use
R-1
R-2
R-3
R-4
MU
NB
CB
BP
GB
1-1
I -FLEX
CC
INST
CD
POS
Industrial Uses
Cannabis, light
C
manufacturing a
Cannabis, testing
C
facility a
Cannabis,
C
wholesaling a
Lower -potency hemp
edible, light
C
manufacturing a
Manufacturing and
P
P
P
processing
Solar energy system
C
C
Truck terminals,
freight terminals, and
C
freight forwarding
services
Warehousing
C
C
C
C
Natural Resource &
Agriculture Uses
Cannabis,
commercial
C
agriculture
Nursery a
C
C
C
C
Recreation & Open
Space Uses
Park / open space
P
P
Utility and
Transportation
Uses
Truck garage
C
School bus terminal
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
a
Utility distribution
P
P
P
P
P
P
P
P
P
P
P
P
P
P
line
Utility substation
C
Utility transmission
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
line
Wireless
telecommunications
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
facilities, towers, and
antennas
Page 6 of 19
Table 1320.1 Principal Use Table
Residential
Mixed
ommercial Industrial
Other
Use
R-1
R-2
R-3
I R-4
MU
NB
CB
BP
GB 1-1
1 I -FLEX
CC
INST
CD
I POS
a See Section 1340 for Use -Specific Standards
Page 7 of 19
Subd. 2 Accessory Use Table (Table 1320.2)
Table 1320.2. Accessory Use Table
Residential
MUse ixed
Commercial
Industrial
Other
R-1
R-2
R-3
R-4
MU
NB
CB
BP
GB
1-1
I -FLEX
CC
INST
CD
POS
Accessory
commercial
PS
PS
PS
recreation -
outdoor a
Accessory
processing,
P
P
P
storage, and
assembly
Accessory retail
C
C
C
C
C
C
C
PS
P
P
C
C
sales & service a
Accessory
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
C
structures a
Antenna, dish or
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
tower a
Bulk storage
C
C
Car wash a
C
Day care, family -
P
P
P
P
10 or less
Day care, group
family - 14 or
C
C
C
C
less
Dog kennel,
C
C
C
residential
Drive -up window
PS
PS
PS
PS
PS
a
Home
occupation:
P
P
P
P
P
Class I a
Home
occupation:
C
C
C
C
C
Class II a
Keeping of
P S
PS
PS
animals a
Lower -potency
hemp edible,
C
C
C
C
C
retail sales a
Outdoor display
C
C
C
C
C
and sales a
Outdoor storage
PS
a
Page 8 of 19
Table 1320.2. Accessory Use Table
Residential
MUsed
Commercial
Industrial
Other
R-1
R-2
R-3
R-4
MU
NB
CB
BP
GB
1-1
I -FLEX
CC
INST
CD
POS
Recreational
vehicles, utility
trailer, riding lawn
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
mower, and
watercraft
outdoor storage a
Research
C
C
C
animals
Sacred
C
C
C
C
C
C
C
community
Solar energy
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
PS
system a
Swimming pool
PS
PS
PS
PS
PS
Utility distribution
P
line
a See Section 1340
for Use -Specific Standards
Page 9 of 19
1320.04 Lot and Site Standards
All uses in Tables 1320.1 and 1320.2 shall comply with the lot, site, and building
requirements set forth in the following tables and all other applicable regulations set forth
in this chapter:
Subd. 1 Lot Standards (Table 1320.3)
Table 1320.3. Lot Standards
Zoning
District
Use
Min. Lot Area
(sq ft)
Min. Lot
(feet)
R-1
Single -unit dwelling
14,000
95
Two -unit dwelling (duplex)'
14,000
95
Two -unit attached dwellling
(twinhome)b
12,400
85
All other permitted uses
14,000
95
R-2
Single -unit dwelling
11,000
85
Cottage courtyard
15,000
100
Two -unit dwelling (duplex)'
11,000
85
Two -unit attached dwellling
(twinhome)b
10,350
80
Townhome/rowhouse
15,000
100
All other permitted uses
11,000
85
R-3
Single -unit dwelling
11,000
85
Cottage Courtyard
15,000
100
Two -unit dwelling (duplex)'
11,000
85
Two -unit attached dwellling
(twinhome)b
10,350
80
Town home/rowh ou se
15,000
100
Multi -unit dwelling
15,000
100
All other permitted uses
11,000
85
R-4
Townhome/rowhouse
15,000
100
Multi -unit dwelling
11,000
100
All other permitted uses
11,000
100
MU
Townhome/rowhouse
6,500
100
Multi -unit dwelling
6,500
100
All other permitted uses
13,000
100
NB
Two -unit dwelling (duplex)'
11,000
85
Town home/rowhouse
15,000
100
Multi -unit dwelling
15,000
100
All other permitted uses
13,000
100
Page 10 of 19
Table 1320.3. Lot Standards
Zoning
Min. Lot Area
Min. Lot
District
Use
(sq ft)
(feet)
CB
All permitted uses
13,000
100
BP
All permitted uses
1 acre
100
GB
All permitted uses
5 acres °
100
1-1
All permitted uses
30,000
100
I -FLEX
All permitted uses
24,000
100
CC
All permitted uses
20,000
100
INST
All permitted uses
13,000
100
POS
All permitted uses
---
---
CD
All permitted uses
---
---
The two -unit Dwelling minimum lot size and low width is the total for both units.
b The two -unit attached (twinhome) minimum lot size and lot width is the total for both
units. If the units are on individual lots, then the minimum lot size and width shall be
divided in half.
Within the GB district, the following uses shall be exempt from the lot minimum
requirements: service stations with retail sales and a car wash, freestanding day cares
Subd. 2 Site Standards (Table 1320.4)
Table 1320.4. Site Standards
Minimum Setbacks (feet)
Zoning
Maximum
Max. Lot
Min.
District
Use
Front
Rear
Side Yards
Abutting
g
Height ft
g ( )
Coverage
(structure)
Landscaped
Lot Area
Yard
Yard
Residential
Use
Interior
Corner
Single -unit
dwelling
Two -unit
dwelling
R-1
(duplex)
40
30
10 / 25
20
---
35
25%
65%
Two -unit
attached
dwellling
(twinhome)°
Page 11 of 19
Table 1320.4. Site Standards
Minimum Setbacks (feet)
Zoning
Maximum
Max. Lot
Min.
District
Use
Front
Rear
Side Yards
Abutting
g
Height ft
g ( )
Coverage
(structure)
Landscaped
Lot Area
Yard
Yard
Residential
Use
Interior
Corner
All other
permitted
40
uses
Single -unit
dwelling
Two -unit
dwelling
(duplex)
20
Two -unit
R 2
attached
40
30
5 / 15
---
35
25%
65%
dwellling
(twinhome)°
Townhome/
rowhouse°
All other
permitted
40
uses
Single -unit
dwelling
Two -unit
dwelling
(duplex)
40
30
5 / 15
20
---
35
25%
65%
Two -unit
attached
dwellling
(twinhome)°
R-3
Cottage
courtyard
See Use Specific Standards
Townhome/
rowhouse°
Multi -unit
dwelling
40
30
5 / 15
40
---
35
25%
65%
All other
permitted
uses
Page 12 of 19
Table 1320.4. Site Standards
Minimum Setbacks (feet)
Zoning
Maximum
Max. Lot
Min.
District
Use
Side Yards
Abutting
g
Height ft
g ( )
Coverage
Landscaped
Front
Rear
Residential
(structure)
Lot Area
Yards
Yard
Use
Interior
Corner
Townhome/
rowhouse°
Multi -unit
R-4
dwelling
40
30
5 / 15
40
---
35
25%
65%
All other
permitted
uses
Two -unit
attached
dwellling
(twinhome)
Townhome/
MU
rowhouse °
50
20
10 / 20
20
---
35 d
45%
20%
Multi -unit
dwelling
All other
permitted
uses
Two -unit
attached
dwellling
(twinhome) °
Townhome/
NB
rowhouse °
20
20
5 / 15
20
35
35%
35%
Multi -unit
dwelling
All other
permitted
30 e
uses
CB
All permitted
50
20
20/40
50
100
35
40%
25%
uses
BP
All permitted
50
20
20/40
50
100
35
25%
25%
uses
GB
All permitted
50
20
20/40
50
100
35
35%
uses
1-1
All permitted
55
20
20/40
50
100
35
30%
35%
uses
Page 13 of 19
Table 1320.4. Site Standards
Minimum Setbacks (feet)
Zoning
Maximum
Max. Lot
Min.
District
Use
Front
Rear
Side Yards
Abutting
g
Height ft
g ( )
Coverage
(structure)
Landscaped
Lot Area
Yard
Yard
Residential
Use
Interior
Corner
I -FLEX
All permitted
10
20
20/40
50
100
45
40%
25%
uses
CC
All permitted
20 f
20
10 / 20
20 f
100
35
40%
20%
uses
INST
All permitted
50
20
20/40
50
100
35
35%
25%
uses
POS
All permitted
40
30
10 / 20
40
---
35
25%
65%
uses
CD
All permitted
40
30
10 / 20
40
---
35
25%
65%
uses
a Reduced setbacks for covered front porches on single -unit dwellings, two -unit dwellings (duplexes), and two -unit attached
dwellings (twinhomes) are described in Section 1310.06.
b Minimum setback for any one yard / total setback of both yards.
Attached units are permitted to have a zero lot line interior setback at the shared wall in the structure.
d Additional height allowed by CUP.
e A vegetated buffer yard shall be provided adjacent to all residential uses outside the NB district.
fThe minimum building setback from a State Highway or County Road shall be 60 feet.
Subd. 3 All lot, site, and building dimension standards listed in this section are subject to
the exemptions listed in Section 1310.06 Exceptions to the Minimum Requirements for
All Districts.
1320.05 District Standards
Subd. 1 Special Requirements for the Neighborhood Business (NB) District.
A. Hours of Operation shall be prohibited between the hours of 11:00 p.m. to 6:00 a.m.
All deliveries and loading shall be done during normal hours of operation.
B. Vending Machines shall be located on the interior of the principal structure.
Subd. 2 Special Requirements for the Mixed Use (MU) District.
A. Procedure.
1. Proposals for new construction, redevelopment of a site, and significant
modifications to existing sites shall use the Planned Unit Development (PUD)
process in Section 1370.04 Subd. 5.
2. Amendments to existing or approved PUDs shall follow the procedure for minor
or major PUD amendments in Section 1370.04 Subd. 5(E).
3. Conditional Use Permits, Site Plans, and other development agreements that
were approved for development sites before November 24, 2008, shall remain in
effect and shall use the Site Plan Review Process in Section 1370.04 Subd.1 for
future site amendments.
Page 14 of 19
B. The following land uses are not compatible with the stated purpose of the MU District
and shall be prohibited:
1. Tattoo parlors;
2. Consumer Small Loan establishments;
Subd. 3 Special Requirements for the Corridor Business (CB) District.
A. Procedure.
1. Proposals for new construction, redevelopment of a site, and significant
modifications to existing sites shall use the Planned Unit Development (PUD)
process outlined in Section 1370.04 Subd. 5.
2. Amendments to existing or approved PUDs shall follow the procedure for minor
or major PUD amendments in Sec. 1370.04.Subd. 5(E).
3. Conditional Use Permits, Site Plans, and other development agreements that
were approved for development sites before November 24, 2008, shall remain in
effect and shall use the Site Plan Review Process in Section 1370.04 Subd.1 for
future site amendments.
Subd. 4 Special Requirements for the Business Park (BP) District.
A. Procedure.
1. Proposals for new construction, redevelopment of a site, and significant
modifications to existing sites shall use the Planned Unit Development (PUD)
process outlined in Section 1370.04 Subd. 5.
2. Amendments to existing or approved PUDs shall follow the procedure for minor
or major PUD amendments in Section 1370.04 Subd. 5(E).
3. Conditional Use Permits, Site Plans, and other development agreements that
were approved for development sites before November 24, 2008, shall remain in
effect and shall use the Site Plan Review Process in Section 1370.04 Subd.1 for
future site amendments.
Subd. 5 Special Requirements for the Civic Center (CC) District.
A. Construction and Construction Materials Staging Area. With the exception of during a
new construction period, staging areas shall be free of such materials, equipment or
vehicles at the close of each business day. Overnight, weekend or holiday storage is
not permitted. Materials transfer is permitted only for such activities necessary during
the normal day-to-day business operation between the hours of 6:00 a.m. and 6:00
p.m. Monday through Friday.
B. Development Standards.
1. Development in the CC District shall also be subject to the requirements of
Section 1350 Development Standards. If there are any conflicts, the standards of
this section shall apply.
2. Building Height and Setback.
a. To accomplish the intensity and scale of development consistent with the
defined purpose of the CC District, multi -story buildings are allowed.
b. Parking setbacks. Parking areas shall be set back 20 feet from all roadways.
The side yard setback requirement for parking is five feet.
c. Parking between the front of the building and the roadway is not permitted.
Parking lots must be setback to be placed either even with or behind the
primary structure.
d. The use of stepped building heights is encouraged to provide visual
transition. This applies to both multi -building complexes and single buildings.
e. The location of buildings relative to their heights will consider views and
relationships from within the CC District and from public and private areas off
the site.
Page 15 of 19
3. Landscaping and screening. Appropriate and unified landscaping is essential to
effectively meet the defined purpose of the CC District.
a. Fences. If fences are used for landscape screening, they must conform to the
following:
i. No higher than six feet in rear yards only;
ii. No barbed wire, razor wire, or spikes allowed.
iii. Fences must blend into the landscape and minimize corrosion. Wood,
brick, stone or wrought iron is encouraged. If chain link is allowed by the
City Council, it must have black or dark green vinyl coating.
iv. All other requirements of Section 1320.05 Subd 5 must be followed.
b. Special attention to screening from roadways must be given. Screening along
Highway 96 must be consistent in appearance and materials.
c. Overhead garage doors, large parking lots, mechanical utilities and other
such items must be properly screened.
4. Building Exteriors. The appearance of buildings is the most important component
in land development. Accomplishing the stated purpose of the CC District
requires particular concern for building design.
a. The arrangement, geometry and massing of individual buildings shall be
responsive to the arrangement of the whole CC District.
b. Exterior building materials shall be of brick, stone, glass or any combination
thereof, except trim and accessories may be metal. Materials and colors
selected for any individual building shall be compatible with other buildings in
the CC District.
c. Exterior characteristics and building materials shall utilize consistent motifs in
design, size and scope to create unity in the CC District. All building
elevations shall be considered "fronts."
d. All service entrance areas, mechanical equipment and trash handling devices
shall be fully screened.
5. Lighting. Exterior lighting shall be provided for the safety and convenience of
occupants and visitors.
a. Exterior lighting shall be consistent in type, design, and scale to create unity
in the CC District.
b. The source of illumination shall be hooded, concealed or controlled in a
manner so as not to be visible from adjoining lots, streets or highways or
residential areas south of Highway 96.
c. Light washing of buildings is prohibited. Wall packs are allowed at entrances
only. Accent lighting of buildings and sites may be permitted by the City. A
photometric analysis of site and building shall be submitted for City approval.
6. Pedestrian Circulation. All development within the District shall install pedestrian
improvements in accordance with the City of Arden Hills Comprehensive Plan.
Other pedestrian sidewalks and trails may be required by the City.
a. Site design shall facilitate pedestrian connections and mobility within and
between buildings, sites, and uses by providing clear visual indicators
through door placement, signage, and integrating landscaping components.
b. The city may require bike racks; racks must be placed to not impede
pedestrian circulation.
c. Internal sidewalk systems shall connect with adjacent planned or developed
public sidewalks or trails.
7. Drainage, Wetlands and Flood Plain. A water management plan must be
submitted for each project in the CC District. The plan must be approved by the
Page 16 of 19
Rice Creek Watershed District, other agencies as required, and the City
Engineer.
a. Regional ponding is encouraged as a visual and functional amenity; two or
more sites may coordinate their water management plans for their mutual
benefit.
8. Utility Lines. Underground utility lines shall be required in all development within
the CC District. Except for temporary measures by special permit, there shall be
no utilities located overhead.
Subd. 6 Special Requirements for the I Flex District.
A. Proposals for new construction, redevelopment of a site, and significant
modifications to existing sites shall use the Planned Unit Development (PUD)
process outlined in Section 1370.04 Subd. 5.
B. Amendments to existing or approved PUDs shall follow the procedure for minor or
major PUD amendments in Section 1370.04 Subd. 5(E).
C. Conditional Use Permits, Site Plans, and other development agreements that were
approved for development sites before November 24, 2008, shall remain in effect
and shall use the Site Plan Review Process in Section 1370.04 Subd.1 for future site
amendments.
D.
Subd. 7 Special Requirements for the Gateway Business (GB) District.
A. Procedures
1. Proposals for new construction, redevelopment of a site, and significant
modifications to existing sites shall use the Planned Unit Development (PUD)
process outlined in Section 1370.04 Subd. 5.
2. Amendments to existing or approved PUDs shall follow the procedure for minor
or major PUD amendments in Section 1370.04 Subd. 5(E).
3. Conditional Use Permits, Site Plans, and other development agreements that
were approved for development sites before November 24, 2008, shall remain in
effect and shall use the Site Plan Review Process in Section 1370.04 Subd. 1 for
future site amendments.
B. Development Standards. Development in the GB District shall also be subject to the
requirements of Section 1350 Development Standards. If there are any conflicts, the
standards of this section shall apply.
C. Lot and Building Standards.
1. Interior Lot Lines. Interior lot lines within a mixed or single use project may be
located to allow individual ownership of specific buildings. To allow maximum
development creativity and flexibility, regulations such as side and rear yard
building and parking setbacks, FAR, number of parking spaces, percent of
landscape area, etc., may be modified for individual parcels and interior lot lines.
However, the regulations for these same items must be met for the total mixed
use or single use project area and exterior project lot lines.
2. Minimum Building Size. To accomplish a scale of development consistent with
the defined purpose of the GB District, the minimum ground floor area shall be
20,000 square feet, except as otherwise regulated herein.
D. Building Height and Setback. To accomplish the intensity and scale of development
consistent with the defined purpose of the GB District, multi -story buildings are
encouraged.
1. Building height shall be regulated only as it affects the safety of occupants,
compatibility with other uses and buildings, and other City and District
requirements.
Page 17 of 19
2. The use of stepped building heights is encouraged to provide visual transition.
This applies to both multi -building complexes and single buildings.
3. The location of buildings relative to their heights shall consider views from within
the GB District and to and from public and private areas off the site.
4. Minimum building setback requirements are 50 feet from all streets and exterior
project property lines and 20 feet from all interior property lines, except that
interior lot line setback requirements may be modified by the city in the project
review process if specific conditions of the project plan justify modification.
E. Landscaping. Appropriate and unified landscaping is essential to effectively meet the
defined purpose of the GB District.
1. The landscaping plan prepared in accordance with Section 1350 Development
Standards shall address special landscape enhancement of views from 1 694 and
1 35W.
F. Building Exteriors. Accomplishing the stated purpose of the GB District requires
particular concern for building design.
1. The arrangement, geometry, and massing of individual buildings shall be
responsive to the arrangement, geometry and massing of the whole of the GB
District.
2. Materials and colors selected for any individual building shall be compatible with
other buildings in the GB District.
3. All service entrance areas, mechanical equipment and trash handling devices
shall be screened from adjacent building and off site visibility.
4. A "campus" plan arrangement is hereby encouraged and a "signature" building is
considered desirable.
G. Parking. In addition to the parking requirements contained in Section 1350.03, the
following shall apply. These requirements may be adjusted by the City in the project
review process if the changes will more effectively accomplish the stated purpose of
the GB District.
1. Surface parking shall maintain a 50 foot landscape setback from all public streets
and a 20 foot landscaped area from exterior project property lines, except for
access drives that may cross the setback area.
a. Since the intent of this parking setback is to provide visual separation for
large scale developments, service stations with retail sales and services and
with a car wash shall be exempt for this particular requirement and instead
shall be required to meet the general parking setback requirement of a 20
foot parking setback from any public street or right-of-way and a five foot
parking setback from any side or rear property lines.
2. Traffic Impact Study. The City has determined that the traffic capacity of the
interchange at 1-35W and State Highway 96 will impose limitations on traffic
generated within the GB District. In order to maintain the functional capacity of
the area road system, both internal and external traffic and parking plans and
traffic generation studies prepared by registered traffic engineers will be required
for all projects within the GB District.
3. Pedestrian Circulation. All development within the District shall install pedestrian
improvements in accordance with Public Works Design Manual. Other pedestrian
sidewalks and trails may be required by the City.
4. Utility Lines. Provision for underground utility lines shall be required in all
development within the GB District.
Subd. 8 Special Requirements for the Conservation (CD) District.
Page 18 of 19
A. In addition to the uses identified in Tables 1320.1 and 1320.2, the following uses are
also permitted:
1. Any facility, building, or structure controlled by either the Minnesota National
Guard or Army Reserve located on the Arden Hills Army Training Site.
2. Any use or activity carried out by either the Minnesota National Guard or the
Army Reserve on the Arden Hills Army Training Site.
Page 19 of 19
Attachment D
Arden Hills — Zoning District Conversion Table
Current Districts
Proposed Districts
Single Family Residential
R-1
Suburban Residential 1
R-1
Single Family and Two Family Residential
R-2
Suburban Residential 2
R-2
Townhouse and Low Density Multiple
Dwelling
R-3
Mixed Residential
R-3
Multiple Dwelling
R-4
Attached Residential
R-4
Neighborhood Business
NB
Neighborhood Business
NB
Limited Business
B-1
---
---
General Business
B-2
Mixed Use
MU
Service Business
B-3
Corridor Business
CB
Retail Center
B-4
Business Park
BP
Gateway Business
GB
Gateway Business
GB
Civic Center
CC
Civic Center
CC
Limited Industrial
1-1
Limited Industrial
1-1
General Industrial
1-2
---
---
I-FLEX
I -FLEX
I -FLEX
I -FLEX
Parks and Open Space
POS
Parks and Open Space
POS
Conservation
CD
Conservation
CD
Institutional
INST
Institutional
INST
Attachment E
Chapter 13 Zoning
1330. Overlay District Regulations
1330.01 Planned Unit Development
Subd. 1 General Purpose. The Planned Unit Development (PUD) overlay district
promotes the development of land in a unified manner by treating the entire
development as a single entity and relaxing the strict application of standard zoning and
subdivision requirements, in exchange for a project that better forwards the goals and
purpose of the City's Comprehensive Plan. The purpose of the PUD process is to
achieve a higher quality, better project than would otherwise be possible if the strict
application of the zoning and subdivision requirements were met. PUDs are allowed in
any district.
Subd. 2 Applicability. The PUD is an overlay zoning technique, whereby the underlying
zoning district establishes the basic allowable uses and the general standards for
development and the approved PUD plan establishes the specific regulations for
development. The approved plan shall govern and take precedence over the underlying
Zoning District regulations. If a zoning change is required to accommodate the uses or
general intensity of development in the PUD, an application for a zoning amendment
change shall be made concurrently with the PUD application, and, if approved, the
Zoning Map shall be changed both as to the underlying zoning district and designation
as a PUD.
Subd. 3 Public Benefits. The PUD is intended to provide a public benefit that justifies the
flexibility from standards granted as part of the approval. Qualifying public benefits shall
include:
A. Greater preservation of existing natural resources, in number or quality, than would
otherwise be provided under non-PUD development;
B. Provision of long-term affordable housing;
C. Greater energy conservation through building or site design, or through utilization of
a renewable energy source, than would otherwise be achieved under non-PUD
development;
D. Incorporation of elements that support mass transit or other alternative modes of
transportation.
E. Inclusion of innovative stormwater management techniques that provide capacity for
infiltrating stormwater beyond what is required by the City or watershed district;
F. Enhanced placemaking through the inclusion of public or semi-public gathering
spaces, recreational amenities for a range of ages and abilities, increased
landscaping or visible and accessible public art; or
G. Other public benefits proposed for consideration by the applicant and recognized by
the city.
Subd. 4 General Procedure.
A. Applicant shall meet with City staff to clarify and determine PUD requirements and
discuss applicant's development concept.
B. Applicant may submit an optional Concept PUD Plan.
C. Applicant shall have at least one community meeting, pursuant to the City of Arden
Hills adopted "Public Notification Process for Planning Land Use Applications.".
D. Applicant shall submit a Master PUD Plan.
Page 1 of 33
E. Planning Commission conducts public hearing(s) on the Master PUD Plan and
makes a recommendation to the City Council.
F. City Council may conduct additional hearings and shall take action on the Master
PUD Plan.
G. Applicant submits Final PUD Plan for elements that are to be developed imminently.
A Final PUD Plan shall be submitted for each stage of development and
construction.
H. City Council shall review and take action on the Final PUD Plan.
I. Applicant applies for all necessary permits to begin construction.
Subd. 5 Concept PUD Plan.
A. Purpose. A Concept PUD Plan review is an informal discussion process that allows
the applicant to present preliminary ideas about a contemplated development
project, and, in turn, the City may offer suggestions and concerns regarding the
concept.
B. Application and Documentation. The applicant shall complete and submit to the
Zoning Administrator an application on forms provided by the City, together with the
required fee and escrow, as outlined in Section 1370, Subd. 7.
C. Procedure for City Review.
1. The Planning Commission will offer comments and suggestions regarding the
Concept PUD Plan to the applicant. These comments and suggestions will be
transmitted to the City Council.
2. The City Council will offer comments and suggestions regarding the Concept
PUD Plan to the applicant. A public hearing is not required for this stage, and the
City will take no formal action at this stage.
3. No suggestions made by the Planning Commission or Council on the proposed
concept plan are binding on the City for subsequent stages.
Subd. 6 Master PUD Plan.
A. Procedure. The first required step in the Master PUD Plan review process is the
submittal and approval of a Master PUD Plan. Upon approval, the applicant
proceeds to the Final PUD Plan for each stage of development or may apply for both
the Master PUD Plan and Final PUD Plan concurrently.
B. Application and Documentation. The applicant shall complete and submit to the City
a Master PUD Plan application on forms provided by the Zoning Administrator,
together with the required fee and escrow, as outlined in Section 1370.05, Subd. 7.
C. Procedure for Council Action. The procedure for Council action in Section 1370 shall
apply.
D. Other Requirements Applicable to Master PUD Plan Approval. In making its decision
as to whether to approve the applicant's Master PUD Plan, the City Council shall be
guided by the provisions of and take action on the PUD in Section 1370.05, Subd. 7.
Documentation for Larger Complex Areas. Additional documentation required for a
master plan for larger complex areas (development tracts five or more acres in size
or of such complexity that more detailed and complete plans are warranted) include
but are not limited to the following:
1. Land Use and Design Component.
2. Transportation and Parking Component.
3. Utilities and Grading Component.
4. Contractual Component.
Page 2 of 33
5. Construction Staging Component.
6. Subdivision Component.
7. Additional Components. The master plan may include as additional components:
a. A recreation component;
b. A public building component, providing for consideration of administrative and
public safety quarters; and
c. Other components indicated by the nature of the particular proposed
development.
Subd. 7 Final PUD Plan.
A. Purpose. The purpose of the Final PUD Plan is to implement and ensure conformity
with the master plan. Each stage of the Master PUD Plan shall require a Final PUD
Plan before development.
B. Procedures. The applicant for Final PUD Plan approval of a specific stage of the
master plan shall complete and submit to the Zoning Administrator an application on
forms provided by the City, including all application fees and escrows, as outlined in
Section 1370. Other applications such as preliminary plat, final plat, and conditional
use permit may also be required.
C. Development Agreement and Bonding.
1. A development agreement and corporate surety may be required at the time of
final plan approval by the City Council to assure that all improvements to be
constructed as part of the approved final plan are completed in accordance with
the terms and conditions of such plan, or each stage thereof as outlined in the
construction staging component. The bond shall guarantee in a penal sum equal
to 125% of the cost of such improvements as estimated by the City. The
development agreement and bond shall be filed with the administrator no later
than 60 days after final plan approval.
2. The development agreement may provide for several bonds covering separate
aspects of the PUD, the aggregate of which shall total 125% of all the
improvements to be constructed and completed by the applicant pursuant to the
approved final plan. In this case, each bond required by the development
agreement shall be filed no later than 60 days after final plan approval. It may
also require guarantee bonds in the penal sum of 100% of the cost of completed
improvements, as estimated by the City Engineer, to guarantee such
improvements for whatever lengths of time are specified therein. The release of
any bond or any portion thereof shall either be governed by the terms and
provisions of the development agreement or shall be based upon the
recommendation of the City Engineer or City Planner and approval by the City
Council.
3. If the applicant fails to enter into a development agreement and to file the
corporate surety bond with the administrator by the expiration of the 60 day
period, the PUD/final plat and approved final plan shall be deemed void, nullified,
and revoked unless an extension is requested in writing by the applicant and for
good cause granted by the City Council.
D. Park and Open Space Dedications and Covenants.
1. To ensure that any park, open space, recreational areas, common areas, and the
like that are proposed to be owned and maintained by a homeowners'
association, business improvement district, or other similar association are
properly maintained for their approved uses, the City Council may require that
Page 3 of 33
the applicant execute and grant to the city easements and covenants over such
areas within 60 days after the City Council has made such requirements.
2. If the applicant fails to execute the open space easements and covenants and to
file the same with the administrator by the expiration of the 60 day period, the
PUD Permit, final plat (if any), and final plan shall be deemed to be void, nullified,
and revoked unless an extension has been required in writing by the permittee
and for good cause granted by the City Council.
1330.02 Shoreland Overlay District
Subd. 1 General Provisions.
A. Intent. The uncontrolled use of shorelands within the City of Arden Hills affects the
public health, safety and general welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base. Therefore, it is in the best interest of
the public health, safety and welfare to provide for the wise development of
shorelands of public waters. The Legislature of Minnesota has delegated
responsibility to the municipalities of the State to regulate the subdivision, use, and
development of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, preserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related land resources.
This responsibility shall hereby be recognized by the City of Arden Hills.
B. Purpose. To achieve the policies described in the City's Comprehensive Plan and
State and Federal policies and statutes, the City intends to determine, control and
guide future development within and surrounding those land areas which are
contiguous to designated bodies of public water and areas of as herein defined and
regulated. Specifically, the City of Arden Hills purports to:
1. Regulate the placement of sanitary and storm water disposal facilities on lots;
2. Regulate the area of a lot, the length of water frontage suitable for a building site,
and setbacks;
3. Regulate alteration of the shorelands and wetlands of public waters;
4. Control natural environment areas of ecological value to maintain existing
aquatic, vegetation, and wildlife conditions to the maximum extent possible;
5. Promote the use of native vegetation as a means to increase stormwater
infiltration, provide natural view sheds, and screen structures and parking areas
as viewed from public waters.
C. Statutory Authorization. This shoreland ordinance is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota
Rules, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling
legislation in Minnesota Statutes, or Chapter 462.
D. Abrogation and Greater Restrictions. It shall not be intended by this Section to
repeal, abrogate or impair any existing easements, covenants or deed restrictions.
However, where this Section imposes greater restrictions, the provisions of this
Section shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
E. Jurisdiction. The provisions of this ordinance apply to the shorelands of the public
water bodies as classified below. Pursuant to Minnesota Rules, Parts 6120.2500 -
6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities
need be regulated in a local government's shoreland regulations. A body of water
created by a private user where there was no previous shoreland may, at the
discretion of the governing body, be exempt from this ordinance.
Page 4 of 33
Subd. 2 Shoreland Management Districts and Uses.
A. Classification of Lakes. In order to guide the wise development and utilization of
shorelands of protected waters for the preservation of water quality, natural
characteristics, economic values and general health, safety and welfare, certain
protected waters in the city have been given a shoreland management classification.
These protected waters of the City have been classified below consistent with the
criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters
Inventory Map for Ramsey County, Minnesota.
Classification
DNR I.D. No.
General Development Lakes
Josephine
62-57
Johanna
62-78
Karth
62-72
Little Johanna
62-58
Recreational Development Lakes
Round Lake
62-70
Natural Environmental Lakes
Sunfish
62-65
Valentine
62-71
B. Establishment of Shoreland Management Districts; Zoning Map. The boundaries of
the Shoreland Management Districts are hereby continued as shown on the map
entitled "Official Zoning Map of Arden Hills, Minnesota," which map shall be properly
approved and filed in the office of the City Administrator. The shoreland management
districts overlay existing zoning districts of the City also shown on the official zoning
map pursuant to this Code and the City of Arden Hills Zoning Code. As indicated in
this Section, certain portions of the shorelands in the shoreland management
districts are classified general development, recreational development, or natural
environment lakes. The map and all of the notations, references and other
information shown thereon shall have the same force and effect as if set forth in this
Section at length.
C. Boundaries of Shoreland Management Districts. The boundaries of the shoreland
management districts shall be determined by scaling distances on the official zoning
map. Where interpretation is needed as to the exact location of the boundaries of a
shoreland management district shown on the official zoning map, for example where
there appears to be a conflict between a mapped boundary and actual field
conditions, the City Council shall make the necessary interpretation based upon
topographic elevations and other available technical data. Persons contesting the
location of the shoreland management district boundaries shall be given a
reasonable opportunity to present their case to the City Council and to submit
technical evidence.
Subd. 3 General Provisions
A. Land Uses. The uses allowed in the shoreland management areas are those allowed
by the applicable underlying zoning district.
B. District Requirements. The following standards shall apply to sewered lots of all
shorelands of the protected waters listed in this Section. Where the requirements of
Page 5 of 33
the underlying zoning district as shown on the official zoning map are more restrictive
than those set forth in this Section, then the more restrictive standards shall apply:
Table X Shoreland Lot and Structure Dimensional Requirements
Natural
Recreational
General Development
Environmental
Development
Waters
Waters
Waters
Minimum Lot Area (square
40,000
20,000
15,000
feet): Riparian lot
Minimum Lot Area (square
20,000
15,000
10,000 (for District R-1)
feet): Non -riparian Lot
17,0500 (for Districts R-
2, R-3, R-4)
Minimum Water Frontage and
125
75
75
Width at Building Line (feet)
Structure Minimum Setback
150*
75*
50*
from Ordinary High Water Level
(feet)
Structure Minimum Setbacks
50 for all Districts
from Streets and Highways
(feet)
Structure Maximum Height
25 for Districts R-1, R-2, R-3, R-4
(feet)
*Non-residential uses exempt
Maximum Lot Area Covered by
35 for District R-1, R-2, R-3, R-4
Impervious Surface (%)
65 for District 1-1
75 for District B-1, B-2, 1-2
Structure Minimum Setback
30 for all districts
from Top of Bluff (feet)
* See Section 1330.02, Subd. 3 (G)
for Exceptions to the Structure Setback Requirement
C. Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except
stairways and landings, must not be placed within bluff impact zones.
D. Placement and Design of Roads, Driveways, and Parking Areas. These facilities
must be designed to take advantage of natural vegetation and topography to achieve
maximum screening as viewed from public waters. They must be constructed to
minimize and control erosion to public waters consistent with the field office technical
guides of the local SWCD and comply with the following standards:
1. Roads, driveways, and parking areas must meet structure setbacks and must not
be placed within bluff and shore impact zones, when other reasonable and
feasible placement alternatives exist. If no alternatives exist, they may be placed
within these areas, and must be designed to minimize adverse impacts;
2. Watercraft access ramps, approach roads, and access -related parking areas
may be placed within shore impact zones provided the vegetative screening and
erosion control conditions of this subpart are met;
3. For public roads, driveways and parking areas, documentation must be provided
by a qualified individual that they are designed and constructed to minimize and
control erosion to public waters consistent with the field office technical guides of
Page 6 of 33
the local soil and water conservation district, or other applicable technical
materials.
4. Roads, driveways, and parking areas shall be appropriately located and
constructed to provide adequate drainage for the runoff of surface waters and
nutrients in accordance with the following criteria:
a. All roads and parking areas shall meet the setback requirements established
for structures of this Section.
b. Natural vegetation or other natural materials shall be used to screen parking
areas when viewed from the water.
E. Elevation of Lowest Floor.
1. Structures shall be placed at an elevation consistent with the City's flood plain
management controls as set forth in Section 1330.03 of this Code.
2. Where these elevations are not known, the lowest floor, including basement,
must be placed or flood -proofed at an elevation determined using the following
methodology:
For lakes, by placing the lowest floor at a level at least three feet above the
highest known water level, or three feet above the ordinary high water level,
whichever is higher
Regulatory
flood protection
OHWL or
elevation (if known),
ULJ
highest
or 3 ft above
known
�a QQ
OHWVhighest
water level
00
known water level
0Q oo
(whichever
is higher)
����---
00
- --
--- --- - -
- -- ---- ----�3ft
000 To
Basement/
crawlspace
Lowest floor
too deep
Normal ground
elevation
b. For rivers and streams, by placing the lowest floor at least three feet above
the highest known flood elevation. If highest known flood elevation is not
available, by placing the lowest floor at least three feet above the ordinary
high water level (see Figure 9), or by conducting a technical evaluation to
establish a flood protection elevation. Technical evaluations must be done by
a qualified engineer or hydrologist consistent with Minnesota Rules, parts
6120.5000 to 6120.6200.
3. Methods for placement.
a. In addition to the lowest floor, all service utilities must be elevated or water-
tight to the elevation determined in Provision 1.
b. If the structure is floodproofed, then it must be built to resist hydrostatic
pressure through elevation methods such as blocks, pilings, filled stem walls,
elevated concrete pad, internally flooded enclosed areas, or through other
accepted engineering practices consistent with FEMA technical bulletins 1, 2
and 3.
F. Adjacent Lots. On any shoreland lot where the adjacent lots have existing dwellings
that exceed the minimum setback from the OHW level, the shoreline setback for a
new dwelling unit or an addition to an existing dwelling unit shall not be less than the
Page 7 of 33
average of the setbacks from the OHW level for such adjacent dwellings minus 10
feet subject to the following:
1. In no case shall the new structure or addition be within the minimum setback
from the OWH level as stated in _.
2. In no case shall the new structure or addition be nearer to the OHW level than
the nearest adjacent structure.
3. The minimum structure setback in _ shall be used for the adjacent lot when
calculating the setback if an adjacent lot is:
a. Vacant;
b. Has a use other than single or two-family residential; or,
c. Has a dwelling unit that encroaches on the minimum structure setback.
G. Exceptions to Lot and Structure Dimensional Requirements. No structure shall be
placed within the structure setback requirements of the shoreland management
district in accordance with -. The following are not classified as structures or
are exempt from standards for the purposes of this section:
1. Decks and Porches. Deck or porch additions may be allowed without a variance
to a structure not meeting the required setback from the ordinary high water level
if all of the following criteria are met:
a. The structure existed before or on the date the structure setbacks were
established;
b. A thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water
level setback of the structure;
c. The deck encroachment toward the ordinary high water level does not
exceed 15 percent of the existing setback of the structure from the ordinary
high water level or is no closer than 30 feet from the OHWL, whichever is
more restrictive; and
The deck or porch is constructed primarily of wood and is not roofed or
screened (see -
Deck Encroachment
eck additrons
for pre-existing
structures may
further encroach
into the setback
up to 30 ft toward
the shore or
--
15%ofthe
Structurestructure
tstructu
setback.
setback
whichever is more
`restrictive.
_ —
Shore`
impact
zone
OHWL
Water
2. Docks and Boatlifts. Setback requirements from the ordinary high water level
shall not apply to docks and boatlifts. Location of docks and boatlifts shall be
controlled by applicable State and local regulations.
3. Fences. Chain link, or other types of fences with a transparency of at least 75
percent, may be placed within the structure setback requirements from the
Page 8 of 33
ordinary high water level but shall not be placed within the Shore Impact Zone.
Fences shall comply with all other requirements in Section 1350.06.
4. Height. Uses such as agricultural, churches, or nonresidential uses, as
determined by the Zoning Administrator, are exempt from the structure maximum
height requirements of this ordinance. The underlying zoning district maximum
height shall apply.
5. Lakeshore lots may be permitted one accessory storage shed within the required
structure setback from the ordinary high water level, provided that it complies
with the following provisions:
a. The structure or facility is not located within the Shore Impact Zone.
b. The structure or facility does not exceed 100 square feet in size and eight (8)
feet in height, measured to the highest point of the structure.
c. The maximum width of the structure, as viewed from the water, does not
exceed ten (10) feet.
d. The structure or facility is not designed or used for human habitation and
does not contain a water supply or sewage treatment facilities.
e. The structure or facility shall be constructed of material architecturally similar
in design, texture, and color to the principal structure on the lot; the design
shall be reviewed by the City Planner prior to issuance of building permits.
f. The structure shall be screened a minimum of 50 percent by opaque
vegetation or topography on the three walls seen from the lake with
ecologically suited landscaping landward of the ordinary high water level from
the lake.
g. The roof shall not be used as a deck or storage area.
h. The structure or facility is not a boathouse or boat storage structure as
defined under Minnesota Statutes, Section 103G.245.
6. Stairways, access lifts, and landings. Setback requirements from the ordinary
high water level shall not apply to stairways, access lifts, or landings. Stairways
and access lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways,
access lifts and landings located within the Shore Impact Zone shall meet the
following design standards:
a. Stairways and lifts must not exceed four feet in width on residential lots.
Wider stairways may be used for commercial properties, public recreational
uses, and planned unit developments;
b. Landings for stairways and lifts shall not exceed 40 square feet in area;
c. Canopies or roofs are not allowed on stairways, access lifts, docks, or
landings;
d. Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and
built in a manner that ensures control of soil erosion;
e. Stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water
assuming summer, leaf -on conditions, whenever practical; and
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, if they are
consistent with the dimensional and performance standards of sub items 7.21
to 7.25 and the requirements of Minnesota Rules, Chapter 1341.
Page 9 of 33
7. Uncovered patios. At grade uncovered patios that have an underside surface that
is entirely in contact with and wholly supported by the ground may be placed
within the structure setback requirements from the ordinary high water level but
shall not be placed within the Shore Impact Zone. Uncovered patios shall not be
considered landscaped area when calculating lot coverage.
8. Water -oriented Accessory Structures or Facilities. Each residential lot may have
one water -oriented accessory structure or facility if it complies with the following
provisions:
a. The structure or facility must not exceed ten feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. The structure
or facility may include detached decks not exceeding eight feet above grade
at any point or at -grade patios;
b. The structure or facility is not in the Bluff Impact Zone;
c. The setback of the structure or facility from the ordinary high water level must
be at least ten feet;
d. The structure is not a boathouse or boat storage structure as defined under
Minnesota Statutes, Section 103G.245;
e. The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf -on conditions;
f. The roof may be used as an open-air deck with safety rails, but must not be
enclosed with a roof or sidewalls or used as a storage area;
g. The structure or facility must not be designed or used for human habitation
and must not contain water supply or sewage treatment facilities;
h. As an alternative for general development and recreational development
waterbodies, water -oriented accessory structures used solely for storage of
watercraft and boating -related equipment may occupy an area up to 400
square feet provided the maximum width of the structure is 20 feet as
measured parallel to the shoreline; and
i. Water -oriented accessory structures may have the lowest floor placed lower
than the elevation specified in Subd. 5 Part E, if the structure is designed to
accommodate internal flooding, constructed of flood -resistant materials to the
elevation, electrical and mechanical equipment is placed above the elevation
and, if long duration flooding is anticipated, the structure is built to withstand
ice action and wind -driven waves and debris.
H. Maintenance of shoreland. The shoreland shall be protected from adverse conditions
affecting the public. Keeping the shoreland in a natural state and the use of native
vegetation is encouraged.
1. Up to 10 percent of the shoreline of a property may be utilized for docks, but no
property shall be limited to less than four feet of the shoreline for the utilization of
a dock, subject to DNR regulations.
2. Docks shall be setback a minimum of five feet from side property lines at the
point of attachment to the shoreline. This requirement may be adjusted by the
Zoning Administrator in cases where topography or lot width significantly limits
the placement of docks.
3. Watercraft and other water equipment shall be stored in accordance with Section
1340.03, Recreational Vehicle, Utility Trailer, Riding Lawn Mower, and Watercraft
Outdoor Storage, and be kept in a neat and orderly manner.
Page 10 of 33
4. Boatlifts, docks, watercraft, accessory structures, and any other equipment that is
in a state of disrepair, inoperable, or otherwise unusable shall not be stored
outdoors.
5. G ading or otherwise removing natural cover from the Shore Impact Zone or
cutting or filling which changes the natural shoreline shall be prohibited without
proper permits.
6. The accumulation of debris, the creation or maintenance of safety hazards, and
similar activities shall be prohibited.
I. Shoreland Alterations
1. Removal of Vegetation. The removal of vegetation shall be restricted to prevent
erosion into protected waters, to consume nutrients in the soil, and to preserve
shoreland aesthetics. Removal of vegetation in the shoreland management
districts shall be subject to the following provisions:
a. In Shore Impact Zones and on steep slopes, limited clearing of trees and
shrubs for access to the shoreline, and cutting, pruning, and trimming of trees
is allowed provided that a minimum of seventy-five (75) percent of the Shore
Impact Zone be left in its natural state.
b. The minimal amount of vegetation shall be altered and sufficient vegetative
cover shall remain to screen cars, dwellings and other structures when
viewed from public waters.
c. Except for the removal of invasive species, clear cutting of vegetation shall be
prohibited.
d. Native vegetation shall be restored insofar as feasible after any construction
project is completed to retard surface runoff and soil erosion.
e. All disturbed areas are restored to prevent soil erosion.
f. The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
2. G ading and Filling. All land disturbance activity in the Shoreland Management
District shall be subject to the provisions of Chapter 15 of the City Code, Erosion
and Sediment Control.
3. Shoreline Alterations. Any work which shall change or diminish the course,
current or cross section of a protected water or wetland or shall alter the
shoreline below the ordinary high water level, shall be subject to approval by the
Commissioner of Natural Resources, and the approval shall be construed to
mean the issuance by the Commissioner of Natural Resources of a permit under
the procedures of Minnesota Statutes.
4. Permeable Surface Credit. At the discretion of the Zoning Administrator, up to five
percent of a lot's required landscaped area, but not exceeding 700 square feet,
may be covered with pervious hard surfaces subject to the approval of a
Shoreland Mitigation Plan.
5. Shoreland Mitigation. A shoreland mitigation plan must be submitted for any
residential development that requires land use approval including, but not limited
to, variances; conditional use permits; subdivisions; rezonings; or a permeable
surface credit. The plan shall be designed to mitigate the adverse effects land
development has on water quality and the lake environment. The mitigation plan
shall be signed by the property owner, approved by the Zoning Administrator, and
a Mitigation Affidavit recorded with the Register of Deeds prior to the
commencement of development activity. Furthermore, mitigation plans shall be
completed within one year of the plan's approval unless otherwise approved by
Page 11 of 33
the City. An escrow fee that shall be held for a minimum of two years shall also
be submitted. The mitigation plan shall include at a minimum two of the following
practices:
a. Vegetation Restoration. Vegetation restoration areas may be established
which at a minimum shall include land within the shore and the bluff impact
zones or steep slopes. Land area shall be restored from lawn, beach or other
disturbances using native or natural landscaping.
i. Steep Slope/Bluff Restoration. Steep slopes and bluffs that are vegetated
with turf may be restored with deciduous and ornamental trees,
evergreens and shrubs that are native to the area.
ii. Shoreline Buffer Restoration. A buffer zone of at least 25 feet from and
parallel to the ordinary high water mark shall be planted or restored and
maintained with vegetation native to the area to fullest practicable extent
possible with effective erosion and sediment control. Existing natural
beaches or beaches which have been permitted by the DNR shall be
allowed to continue and be maintained. A minimum of 30 percent of the
lot's shoreline area shall be restored. This restoration area shall be
contiguous unless otherwise approved as part of the mitigation plan.
b. Architectural Mass. The use of natural color(s) and/or materials on the
exterior of the structure shall be used to reduce the visual impact. Natural
colors are shades of brown, gray, and green. Natural materials include wood
or stone that complement the setting of the structure.
c. Removal of Nonconforming Structures. The mitigation plan may include the
removal of structures that do not comply with the required structure setbacks
from the ordinary high water line or are located within a shore impact zone or
bluff impact zone.
d. Reduction of Impervious Surface Coverage. The mitigation plan may include
a minimum five percent reduction of the existing impervious surface
coverage. The preferable location of this reduction is within that portion of the
lot that drains to the lake.
e. Other Practices. At the discretion of the Zoning Administrator, other
restoration or protection activities may be approved as part of a mitigation
plan provided they meet the objectives of this ordinance. Examples include
the removal of artificial sand beaches, stormwater management and
replacement of seawalls with bioengineering structures.
Subd. 4 Subdivision/Platting Provisions
A. Purpose. To ensure that new development minimizes impacts to shoreland resources
and is safe and functional.
B. Land suitability. Each lot created through subdivision, including planned unit
developments authorized under Section 10.0 of this ordinance, must be suitable in its
natural state for the proposed use with minimal alteration A suitability analysis must
be conducted for each proposed subdivision, including planned unit developments,
to determine if the subdivision is suitable in its natural state for the proposed use with
minimal alteration and whether any feature of the land is likely to be harmful to the
health, safety, or welfare of future residents of the proposed subdivision or of the
community.
C. Consistency with other controls. Subdivisions and each lot in a subdivision shall
meet all official controls so that a variance is not needed later to use the lots for their
intended purpose.
Page 12 of 33
D. Water and Sewer Design Standards.
1. A potable water supply and a sewage treatment system consistent with
Minnesota Rules, Chapters 7080 — 7081 must be provided for every lot.
2. Each lot must include at least two soil treatment and dispersal areas that support
systems described in Minnesota Rules, parts 7080.2200 to 7080.223 or site
conditions described in part 7081.0270, subparts 3 to 7, as applicable.
3. Lots that would require use of holding tanks are prohibited.
E. Dedications. When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over natural drainage or ponding
areas for management of stormwater and significant wetlands.
F. Platting. All subdivisions that cumulatively create five or more lots or parcels that are
2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota
Statutes, Chapters 462.358 Subd. 3a (cities) and 505. No permit for construction of
buildings or sewage treatment systems shall be issued for lots created after the
adoption of this ordinance unless the lot was previously approved as part of a formal
subdivision.
G. Controlled Access Lots. Controlled access lots within a subdivision must meet or
exceed the lot size criteria in Section 6.33 of this ordinance.
Subd. 5 Planned Unit Development
A. Purpose. To protect and enhance the natural and scenic qualities of shoreland areas
during and after development and redevelopment of high density residential and
commercial uses.
B. Types of PUDs Permissible. Planned unit developments (PUDs) are allowed for new
projects on undeveloped land, redevelopment of previously built sites, or conversions
of existing buildings and land. Deviation from the minimum lot size standards of
Section 6.2 of this ordinance is allowed if the standards in this Section are met.
C. Processing of PUDs. Planned unit developments in the shoreland district must be
processed as a conditional use and comply with the provisions of this section in
addition to those standards outlined elsewhere in the zoning and subdivision
regulations. When there is a conflict in requirements, the more stringent of the
requirements shall be applied. An expansion to an existing commercial PUD
involving 6 or less new dwelling units or sites since the date this ordinance was
adopted is permissible as a permitted use provided the total project density does not
exceed the allowable densities calculated in the project density evaluation
procedures in Part E of this subsection. Approval cannot occur until all applicable
environmental reviews are complete.
D. Application for a PUD. The applicant for a PUD must submit the following documents
prior to final action on the application request:
1. Site plan and/or plat showing:
a. Locations of property boundaries;
b. Surface water features;
c. Existing and proposed structures and other facilities;
d. Land alterations;
e. Sewage treatment and water supply systems (where public systems will not
be provided);
f. Topographic contours at ten -foot intervals or less; and
Page 13 of 33
g. Identification of buildings and portions of the project that are residential,
commercial, or a combination of the two (if project combines commercial and
residential elements).
2. A property owner's association agreement (for residential PUDs) with mandatory
membership, and consistent with Section 10.6 of this ordinance.
3. Deed restrictions, covenants, permanent easements or other instruments that:
a. Address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of commercial
buildings in residential PUDs; and
b. Ensure the long-term preservation and maintenance of open space in
accordance with the criteria and analysis specified in Section 10.6 of this
ordinance.
4. A master plan/site plan describing the project and showing floor plans for all
commercial structures.
5. Additional documents necessary to explain how the PUD will be designed and
will function.
E. Density Determination. Proposed new or expansions to existing planned unit
developments must be evaluated using the following procedures.
1. Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by
drawing one or more lines parallel to the ordinary high water level at the following
intervals, proceeding landward:
le X
Waterbody Classification No Sewer (ft) Sewer (ft)
General Development Lakes —1st tier 200
General Development Lakes — all other 267
tiers
Recreational Development Lakes 267
Natural Environment Lakes 400
All Rivers 300
200
200
267
0
c
2. Step 2. Calculate Suitable Area for Development. Calculate the suitable area
within each tier by excluding all wetlands, bluffs, or land below the ordinary high
water level of public waters.
3. Step 3. Determine Base Density:
a. For residential PUDs, divide the suitable area within each tier by the minimum
single residential lot area for lakes to determine the allowable number of
dwelling units, or base density, for each tier. For rivers, if a minimum lot area
is not specified, divide the tier width or river frontage by the minimum single
residential lot width.
4. Step 4. Determine if the Site can Accommodate Increased Density:
a. The following increases to the dwelling unit or dwelling site base densities
determined in Step 1 are allowed if the design criteria in Part F of this
ordinance are satisfied.
Table X
Shoreland Tier Maximum density increase within
each tier (percent)
Page 14 of 33
1 St
50
2nd
100
3rd
200
4th
200
5th
200
b. Structure setbacks from the ordinary high water level:
i. Are increased to at least 50 percent greater than the minimum setback; or
ii. The impact on the waterbody is reduced an equivalent amount through
vegetative management, topography, or additional acceptable means and
the setback is at least 25 percent greater than the minimum setback.
F. General Design Standards. All PUDs must meet the following design criteria.
1. All residential planned unit developments must contain at least five dwelling units
or sites.
2. On -site water supply and sewage treatment systems must be centralized and
meet the standards in Minnesota Rules, Chapters 7080 — 7081. Sewage
treatment systems must meet the setback standards in _ of this ordinance.
3. Dwelling units or dwelling sites must be clustered into one or more groups and
located on suitable areas of the development.
4. Dwelling units or dwelling sites must be designed and located to meet the
dimensional standards in —.
5. Shore recreation facilities:
a. Must be centralized and located in areas suitable for them based on a
suitability analysis.
b. The number of spaces provided for continuous beaching, mooring, or docking
of watercraft must not exceed one for each allowable dwelling unit or site in
the first tier (notwithstanding existing mooring sites in an existing
commercially used harbor).
c. Launching ramp facilities, including a small dock for loading and unloading
equipment, may be provided for use by occupants of dwelling units or sites
located in other tiers.
G. Structures, parking areas, and other facilities must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks, color, or other means acceptable to the local unit of government,
assuming summer, leaf -on conditions. Vegetative and topographic screening must be
preserved, if existing, or may be required to be provided.
H. Accessory structures and facilities, except water oriented accessory structures, must
meet the required structure setback and must be centralized.
I. Water -oriented accessory structures and facilities may be allowed if they meet or
exceed design standards contained in Subd. 5 Part G of this ordinance and are
centralized.
J. Open Space Requirements.
1. Open space must constitute at least 50 percent of the total project area and must
include:
2. Areas with physical characteristics unsuitable for development in their natural
state;
3. Areas containing significant historic sites or unplatted cemeteries;
Page 15 of 33
4. Portions of the shore impact zone preserved in its natural or existing state as
follows:
a. For existing residential PUD's, at least 50 percent of the shore impact zone
b. For new residential PUDs, at least 70 percent of the shore impact zone.
c. For all commercial PUD's, at least 50 percent of the shore impact zone.
5. Open space may include:
a. Outdoor recreational facilities for use by owners of dwelling units or sites, by
guests staying in commercial dwelling units or sites, and by the general
public;
b. Subsurface sewage treatment systems if the use of the space is restricted to
avoid adverse impacts on the systems; and
c. Non-public water wetlands.
6. Open space shall not include:
a. Dwelling sites or lots, unless owned in common by an owners association;
b. Dwelling units or structures, except water -oriented accessory structures or
facilities;
c. Road rights -of -way or land covered by road surfaces and parking areas;
d. Land below the OHWL of public waters; and
e. Commercial facilities or uses.
K. Open Space Maintenance and Administration Requirements.
1. Open space preservation. The appearance of open space areas, including
topography, vegetation, and allowable uses, must be preserved and maintained
by use of deed restrictions, covenants, permanent easements, public dedication,
or other equally effective and permanent means. The instruments must prohibit:
a. Commercial uses (for residential PUD's);
b. Vegetation and topographic alterations other than routine maintenance;
c. Construction of additional buildings or storage of vehicles and other
materials; and
d. Uncontrolled beaching of watercraft.
2. Development organization and functioning. Unless an equally effective
alternative community framework is established, all residential planned unit
developments must use an owner's association with the following features:
a. Membership must be mandatory for each dwelling unit or dwelling site owner
and any successive owner;
b. Each member must pay a pro rata share of the association's expenses, and
unpaid assessments can become liens on units or dwelling sites;
c. Assessments must be adjustable to accommodate changing conditions; and
d. The association must be responsible for insurance, taxes, and maintenance
of all commonly owned property and facilities.
L. Erosion Control and Stormwater Management.
1. Erosion control plans must be developed and must be consistent with the
provisions of Subd. 5 Part I of this ordinance. Erosion control plans approved by
a soil and water conservation district may be required if project size and site
physical characteristics warrant.
2. Stormwater management facilities must be designed and constructed to manage
expected quantities and qualities of stormwater runoff.
Page 16 of 33
a. For residential PUDs, impervious surface for the entire project site must not
exceed 25%.
b. For commercial PUDs, impervious surfaces within any tier must not exceed
25 percent of the tier area, except that 35 percent impervious surface
coverage may be allowed in the first tier of general development lakes with
an approved stormwater management plan and consistency with Subd. 5 of
this ordinance.
Subd. 6 Notification of the Commissioner of Natural Resources
A. Variances. A copy of any request for a variance to the provisions of this Section or
plats which propose any lots which require variances to the lot area and dimensional
requirements of this Section or the notice of a public hearing to consider a
conditional use permit or planned unit development permit shall be sent to the
Commissioner of Natural Resources such that notice shall be received by the
commissioner at least ten (10) days prior to the hearing or action on the request.
B. Amendments. A copy of all amendments to this Section and final decisions granting
variances or conditional uses within the shoreland management districts shall be
sent to the Commissioner of Natural Resources within ten (10) days of the
amendment or final action.
C. Plats. Copies of all plats within the shoreland management districts shall be
submitted to the Commissioner of Natural Resources within ten (10) days of final
approval by the City.
1330.03 Floodplain
Subd. 1 Statutory Authorization and Purpose
A. Statutory Authorization. This floodplain ordinance is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota
Rules, parts 6120.5000 — 6120.6200; the rules and regulations of the National Flood
Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning
enabling legislation in Minnesota Statutes, Chapter 462.
B. Purpose
1. This ordinance regulates development in the flood hazard areas of Arden Hills.
These flood hazard areas are subject to periodic inundation, which may result in
loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base. It is the purpose of this ordinance to
promote the public health, safety, and general welfare by minimizing these losses
and disruptions.
2. This ordinance is adopted in the public interest to promote sound land use
practices, and floodplains are a land resource to be developed in a manner which
will result in minimum loss of life and threat to health, and reduction of private
and public economic loss caused by flooding.
3. This ordinance is adopted to maintain eligibility in the National Flood Insurance
Program.
4. This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect aquatic
and riparian habitat, provide recreational opportunities, provide aesthetic benefits
and enhance community and economic development.
Page 17 of 33
C. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
The standards in this ordinance take precedence over any less restrictive, conflicting
local laws, ordinances, or codes. All other ordinances inconsistent with this ordinance
are hereby repealed to the extent of the inconsistency only.
D. Warning and Disclaimer of Liability. This ordinance does not imply that areas outside
the floodplain districts or land use permitted within such districts will be free from
flooding or flood damages. Not all flood risk is mapped. Larger floods do occur and
the flood height may be increased by man-made or natural causes, such as ice jams
or bridge openings restricted by debris. This ordinance does not create liability on the
part of Arden Hills or its officers or employees for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made hereunder.
E. Severability. If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not
be affected and shall remain in full force.
Subd.2 Definitions.
A. Definitions. Unless specifically defined, words or phrases used in this ordinance must
be interpreted according to common usage and so as to give this ordinance its most
reasonable application.
1. Accessory Structure. A structure, as defined in this ordinance, that is on the same
parcel of property as, and is incidental to, the principal structure or use; an
accessory structure specifically excludes structures used for human habitation.
2. Base Flood. The flood having a one -percent chance of being equaled or
exceeded in any given year. "Base flood" is synonymous with the term "regional
flood" used in Minnesota Rules, part 6120.5000.
3. Base Flood Elevation (BFE). The elevation of the base flood, regional flood, or
one -percent annual chance flood. The term "base flood elevation" is used in the
flood insurance study.
4. Basement. Any area of a structure, including crawl spaces, having its floor
subgrade (below ground level) on all sides, regardless of the depth of excavation
below ground level.
5. Building. See Structure.
6. Channel. A natural or artificial depression of perceptible extent, with definite bed
and banks to confine and conduct flowing water either continuously or
periodically.
7. Conditional Use. A land use or development that would not be appropriate
generally but may be allowed with appropriate restrictions upon a finding that
certain conditions as detailed in the zoning ordinance exist, the use or
development conforms to the comprehensive land use plan of the community,
and the use is compatible with the existing neighborhood.
8. Development. Any man-made change to improved or unimproved real estate,
including, but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or
materials.
9. Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
10. FEMA. Federal Emergency Management Agency.
Page 18 of 33
11. Farm Fence. An open type of fence of posts and horizontally run wire, further
specified in Minnesota Statutes, section 344.02, Subd. 1(a-d).
12. Flood. A temporary rise in the stream flow or water surface elevation from any
source that results in the inundation of normally dry land areas.
13. Flood Fringe. The portion of the one -percent annual chance floodplain located
outside of the floodway.
14. Flood Insurance Rate Map (FIRM). An official map on which the Federal
Insurance Administrator has delineated both the special flood hazard areas and
the risk premium zones applicable to the community. A FIRM that has been made
available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
15. Flood Insurance Study (FIS). The study referenced in Subd. 3 Part B, which is an
examination, evaluation and determination of flood hazards, and if appropriate,
corresponding surface elevations, or an examination, evaluation, and
determination of mudslide (i.e. mudflow) and/or flood -related erosion hazards.
16. Floodplain. The beds, channel and areas adjoining a wetland, lake or
watercourse, or other source which have been or hereafter may be inundated by
the base flood.
17. Floodproofing. A combination of structural and non-structural additions, changes,
or adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
18. Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining floodplain which must be reserved to carry or
store the base flood discharge without cumulatively increasing the water surface
elevation more than one-half foot.
19. Lowest Floor. The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not
considered a building's lowest floor; provided, that such enclosure is not built so
as to render the structure in violation of the applicable non -elevation design
requirements of 44 CFR § 60.3.
20. Manufactured Home. A structure, transportable in one or more sections, which
may be built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include the term "recreational vehicle."
21. New Construction. Structures for which the start of construction commenced on
or after the effective date of an adopted floodplain management regulation and
any subsequent improvements to such structures.
22. Principal Structure. The main building or other structure on a lot that is utilized for
the property's principal use.
23. Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
24. Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square feet
or less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck and is designed primarily
not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. Those vehicles not meeting this
definition shall be considered a structure for the purposes of this ordinance. For
Page 19 of 33
the purposes of this ordinance, the term "recreational vehicle" is synonymous
with the term "travel trailer/travel vehicle."
25. Regulatory Flood Protection Elevation (RFPE). An elevation that is two feet
above the elevation of the base flood.
26. Special flood hazard area (SFHA). An area having special flood, mudslide (i.e.,
mudflow), or flood -related erosion hazards, and shown on an FHBM or FIRM as
Zone A, AO, Al -30, AE, AR, AR/Al -30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH,
VO, V1-30, VE, V, M, or E.
27. Stage Increase. Any increase in the water surface elevation during the one -
percent annual chance flood caused by encroachments on the floodplain.
28. Start of Construction. Includes substantial improvement, and means the date the
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was
within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers,
foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
29. Structure. A roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home. Recreational vehicles
not considered travel ready, as detailed in Section 10.22, shall also be
considered a structure for the purposes of this ordinance.
30. Subdivision. Land that has been divided for the purpose of sale, rent, or lease,
including planned unit developments.
31. Substantial Damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
32. Substantial Improvement. Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "substantial
damage," regardless of the actual repair work performed. The term does not,
however, include either:
a. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official, and which are the minimum
necessary to assure safe living conditions; or
b. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For
the purpose of this ordinance, "historic structure" is defined in 44 CFR § 59.1.
Page 20 of 33
B. Variance. "Variance" means the same as that defined in 44 CFR § 59.1 and
Minnesota Statutes, Section 462.357, Subd. 6(2).
C. Violation. "Violation" means the failure of a structure or other development to be fully
compliant with the community's flood plain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in this ordinance is presumed to be in violation of
until such time as that documentation is provided.
D. Watercourse. A channel in which a flow of water occurs either continuously or
intermittently in a definitive direction. The term applies to either natural or artificially
constructed channels.
Subd. 3 Jurisdiction and Districts.
A. Lands to Which Ordinance Applies. This ordinance applies to all lands within the
jurisdiction of Arden Hills within the Special Flood Hazard Areas (SFHAs) identified
on the Flood Insurance Rate maps identified in Subd. 3 Part B. Areas within the
SFHA are within one of three districts: the Floodway, Flood Fringe, or General
Floodplain.
1. The Floodway, Flood Fringe or General Floodplain Districts are overlay districts.
The standards imposed in the overlay districts are in addition to any other
requirements. In case of a conflict, the more restrictive standards shall apply.
2. These regulations apply to all areas within the SFHA. If areas below the Base
Flood Elevation (BFE) extend beyond the mapped SFHA based on actual field
conditions, the Base Flood Elevation (BFE) shall be the governing factor in
locating the outer boundaries of the one -percent annual chance floodplain and
these regulations apply to the outer boundary of the one -percent annual chance
floodplain.
3. Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the City Council and to submit
technical evidence.
B. Incorporation of Maps by Reference. The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the official
zoning map and this ordinance. The attached material includes the Flood Insurance
Study for Ramsey County, Minnesota, and Incorporated Areas, dated September 16,
2015 and the Flood Insurance Rate Map panel numbers: 27123C0004G,
27123C0005G, 271230010G, 27123C0012G, 27123C0016G, 27123C0020G, all
dated June 04, 2010, all prepared by the Federal Emergency Management Agency.
These materials are on file at the Arden Hills City Hall.
C. Districts
1. Floodway District. Those areas within Zone AE delineated within floodway areas
as shown on the Flood Insurance Rate Maps referenced in Subd. 3 Part B and
those areas within Zone A determined to be located in the floodway based on the
delineation methods in Subd. 7 Part D.
2. Flood Fringe District. Those areas within Zone AE located outside of the
delineated floodway as shown on the Flood Insurance Rate Maps referenced in
Subd. 3 Part B, and those areas within Zone A determined to be located in the
flood fringe based on the delineation methods in Subd. 7 Part D.
3. General Floodplain District. Those areas within Zone A or AE that do not have a
floodway delineated as shown on the Flood Insurance Rate Maps referenced in
Section 3.2.
Page 21 of 33
D. Annexations. The Flood Insurance Rate Map panels referenced in Subd. 3 Part B
may include floodplain areas that lie outside of the corporate boundaries of Arden
Hills at the time of adoption of this ordinance. If any of these floodplain land areas
are annexed into Arden Hills after the date of adoption of this ordinance, the newly
annexed floodplain lands will be subject to the provisions of this ordinance
immediately upon the date of annexation. Annexations into panels not referenced in
Subd. 7 Part D require ordinance amendment in accordance with Subd.14.
Subd. 4 Requirements for All Floodplain Districts.
A. Permit Required. A permit must be obtained from the Zoning Administrator to verify
compliance with all applicable standards outlined in this ordinance prior to the
following uses or activities:
1. The erection, addition, modification, maintenance, rehabilitation, repair, or
alteration of any building, structure, or portion thereof. Normal maintenance
requires a permit to determine if such work, either separately or in conjunction
with other planned work, constitutes a substantial improvement, as specified in
Subd. 12.
2. The construction of a fence, pool, deck, or placement of anything that may cause
a potential obstruction.
3. The change or expansion of a nonconforming use.
4. The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
5. The placement of fill, riprap, excavation, utilities, on -site sewage treatment
systems, or other service facilities.
6. The storage of materials or equipment, in conformance with Subd. 4 Part B.
7. Relocation or alteration of a watercourse (including stabilization projects or the
construction of new or replacement dams, culverts and bridges). A local permit is
not required if a public waters work permit has been obtained from the
Department of Natural Resources, unless a significant area above the ordinary
high water level is also to be disturbed.
8. Any other type of "development," as defined in Subd. 2 of this ordinance.
B. Minimum Development Standards. All development must:
1. Be designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
2. Be constructed with materials and equipment resistant to flood damage;
3. Be constructed by methods and practices that minimize flood damage;
4. Be constructed with heating, ventilation, duct work, and air conditioning
equipment and other service facilities elevated at least up to the Regulatory
Flood Protection Elevation (RFPE). Water, sewage, electrical, and other utility
lines below the RFPE shall be constructed so as to prevent water from entering
or accumulating within them during conditions of flooding;
5. Be reasonably safe from flooding and consistent with the need to minimize flood
damage;
6. Provide adequate drainage to reduce exposure to flood hazards;
7. Not be detrimental to uses in adjoining areas; and
8. Not adversely affect the efficiency or restrict the flood carrying capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
Page 22 of 33
9. Ensure that any fill or other materials are protected from erosion, discharge, and
sediment entering surface waters by the use of vegetative cover or other
methods as soon as possible.
C. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life shall be stored at or above the Regulatory
Flood Protection Elevation (RFPE), floodproofed, or protected by other measures as
approved by the Zoning Administrator. Storage of materials likely to cause pollution
of the waters, such as sewage; sand; rock; wrecked and discarded equipment;
dredged spoil; municipal, agricultural or industrial waste; and other wastes as further
defined in Minnesota Statutes, Section 115.01, are prohibited unless adequate
safeguards approved by the Minnesota Pollution Control Agency are provided. For
projects not requiring approvals by the Minnesota Pollution Control Agency,
adequate safeguards must be approved by the Zoning Administrator prior to
issuance of a permit.
Subd. 5 Floodway District.
A. Permitted Uses in Floodway. Development allowed in the floodway district is limited
to that which has low flood damage potential and will not obstruct flood flows,
increase velocities, or increase the water surface elevations of the one -percent
annual chance flood. No structures, as defined in Subd. 2, are allowed in the
Floodwa District, exce t as
. The following uses and activities may be allowed with a
permit, subject to the standards in Part B:
1. Agricultural uses, recreational uses, parking lots, loading areas, airport landing
strips, water control structures, navigational facilities, as well as public open
space uses.
2. Roads, driveways, railroads, trails, bridges, and culverts.
3. Public utility facilities and water -oriented industries which must be in or adjacent
to watercourses.
4. Grading, filling, land alterations, and shoreline stabilization projects.
5. Structures accessory to the uses detailed in (1) and Table X conditional uses.
B. Standards for Permitted Uses in Floodway. In addition to the applicable standards
detailed in Subd. 4 Part B:
1. The applicant must demonstrate that the development will not result in any of the
following during the one -percent annual chance flood: cause a stage increase of
0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be
demonstrated through hydrologic and hydraulic analysis performed by a
professional engineer or using other standard engineering practices (e.g. projects
that restore the site to the previous cross -sectional area). This is commonly
documented through a "no -rise certification."
2. Any development that would result in a stage increase greater than 0.00 feet may
only be allowed with a permit if the applicant has applied for a Conditional Letter
of Map Revision (CLOMR) in accordance with 44 CFR § 65.12, and FEMA has
issued the CLOMR. Map revisions must follow the procedures in Sections 11.15
and 14.0.
3. Any development resulting in decreases to the water surface elevation of the
base flood identified in the Flood Insurance Study requires a Letter of Map
Revision (LOMR) following the procedures in Sections 11.15 and 14.0.
4. Any development in the beds of public waters that will change the course, current
or cross section is required to obtain a public waters work permit in accordance
Page 23 of 33
with Minnesota Statutes, section 103G.245 or a utility crossing license in
accordance with Minnesota Statutes, section 84.415, from the Department of
Natural Resources, or demonstrate that no permit is required, before applying for
a local permit.
5. Fill and other land alteration activities must offer minimal obstruction to the flow of
flood waters.
Subd. 6 Flood Fringe District.
A. Permitted Uses in Flood Fringe. Any uses or activities allowed in any applicable
underlying zoning districts may be allowed with a permit, subject to the standards set
forth in Subd. 6 Part B.
B. Standards for Permitted Uses in Flood Fringe. In addition to the applicable standards
detailed in Subd. 4 Part B:
1. Residential Structures.
a. Elevation on Fill - Structures erected, constructed, reconstructed,
altered, or moved on fill within the Flood Fringe District shall be placed so that
the lowest floor, as defined in Subd. 2, is elevated at or above the Regulatory
Flood Protection Elevation (RFPE). The finished fill elevation shall be at or
above the elevation associated with the base flood plus any stage increases
that result from designation of a floodway. Fill must extend at the same
elevation at least 15 feet beyond the outside limits of the structure. Elevations
must be certified by a registered professional engineer, land surveyor or other
qualified person designated by the Zoning Administrator. Elevation methods
alternative to these fill standards are subject to a Conditional Use Permit.
Construction of this type shall only be permitted in locations where the natural
ground is no lower than three feet below the base flood elevation.
I Regulatory
>_15 ft —i i~ >_15 ft flood
protection 1% annual chance
elevation flood elevation
(RFPE) (including stage
-------------
increase)
OHWL
4
- - - - - - - - - - - /-
I�— -- --- ---
--------- ------------��--- ----
1 Lowest floor Fill u
I
1 Natural ground >_1ft 1 Typical
I (freeboard) water level
I I
I- Flood fringe Floodway
2. Nonresidential Structures. Nonresidential structures must meet one of the
following construction methods:
a. Elevation on Fill. Structures may be elevated on fill, meeting the standards in
Subd. Part B. Fill for nonresidential structures is not required to be extended
15 feet beyond the outside limits of the structure.
b. Alternative Elevation Methods. Structures may be elevated using methods
alternative to the fill standards subject to a Conditional Use Permit. Such
methods include the use of blocks, pilings (Figure X), filled stem walls (Figure
X), or internally flooded enclosed areas (Figure X) such as crawl spaces,
attached garages, or tuck under garages.
Page 24 of 33
Figure X: Blocks or pilings flooded enclosed area; Figure X: Filled Stem
Walls; Figure X: Internally
RFPE
RFPE
RFPE
(Regulatory Flood BFE
(Regulatory Flood BFE
(Regulatory Flood
Protection Elevation) (Base Flood
Protection Elevation) (Base Flood
Protection Elevation)
Elevation)
Duct
Elevation)
Duct
— Pilings
Compacted Gam.
structural fill
Flood opening —
c. Designs accommodating for internally flooded enclosed areas must be
certified by a registered professional engineer or architect, or meet or exceed
the standards detailed in FEMA Technical Bulletin 1, as amended, as well as
the following standards:
i. The lowest floor, as defined in Subd. 2 of this ordinance, shall be elevated
at or above the Regulatory Flood Protection Elevation (RFPE).
ii. The floor of the enclosed area must be at or above the exterior grade on
at least one side of the structure.
iii. To allow for the equalization of hydrostatic pressure, there shall be a
minimum of two openings below the base flood elevation on at least two
sides of the structure. The bottom of all openings shall be no higher than
one foot above grade. The openings shall have a minimum net area of not
less than one square inch for every square foot of enclosed area subject
to flooding and shall allow automatic entry and exit of floodwaters without
human intervention.
iv. Internally flooded enclosed areas shall only be used for the parking of
vehicles, building access, or storage. Bathrooms and toilet rooms shall
not be allowed.
3. Dry Floodproofing. Structures having watertight enclosed basements or spaces
below the Regulatory Flood Protection Elevation (RFPE) must meet the following
standards:
a. Walls must be substantially impermeable to the passage of water, with
structural components having the capacity of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy, at least up to the Regulatory
Flood Protection Elevation (RFPE);
b. Must meet the standards of FEMA Technical Bulletin 3, as amended; and
c. A registered professional engineer or architect shall be required to certify that
the design and methods of construction meet the standards detailed in this
Section.
C. Accessory Structures. In addition to meeting the standards in Subd. 4 or Table X of
this ordinance, all accessory structures must meet the following standards:
1. Structures shall not be designed or used for human habitation.
2. Structures will have a low flood damage potential.
Page 25 of 33
3. Structures shall constitute a minimal investment not to exceed 600 square feet in
size, one-story in height, and shall only be used for parking and storage, except
as provided under this subsection in Part C. 4.
4. Structures with two or more rigid walls must meet one of the following
construction methods:
a. Wet Floodproofing. Structures may be floodproofed in a way to accommodate
internal flooding. To allow for the equalization of hydrostatic pressure, there
shall be a minimum of two openings on at least two sides of the structure,
and the bottom of all openings shall be no higher than one foot above grade.
The openings shall have a minimum net area of not less than one square
inch for every square foot of enclosed area subject to flooding and shall allow
automatic entry and exit of floodwaters without human intervention.
b. Elevation on Fill. Structures may be elevated on fill, meeting the standards in
Subd. 6 Part B of this ordinance. Fill is not required to be extended 15 feet
beyond the outside limits of the structure.
c. Alternative Elevation Methods. Structures may have their lowest floor
elevated above the Regulatory Flood Protection Elevation (RFPE) through
methods alternative to the fill standards through a Conditional Use Permit and
must meet the standards in Subd. 6.Part B (2) of this ordinance.
d. Dry Floodproofing. Structures may be dry -flood proofed, or watertight, meeting
the standards in Subd. 6.Part B (3) of this ordinance.
5. Structures with fewer than two rigid walls, such as carports, gazebos, and picnic
pavilions, meeting the standards in Subd. 4 of this ordinance may be located at
an elevation below the Regulatory Flood Protection Elevation, may exceed 600
square feet in size, and may include uses as provided under Subd 6.
D. All new principal structures must provide vehicular access no lower than one foot
below the Base Flood Elevation (BFE), unless a flood warning/emergency
evacuation plan has been approved by Arden Hills.
E. Any facilities used by employees or the general public must be designed with a flood
warning system acceptable to Arden Hills that provides adequate time for evacuation
or be designed to ensure that within the area inundated during the base flood event,
the depth (in feet) multiplied by the velocity (in feet per second) is less than four.
F. Manufactured homes and recreational vehicles must meet the standards of Subd. 10
of this ordinance.
G. Conditional Uses in Flood Fringe. The following uses and activities may be permitted
as conditional uses, subject to the standards in Subd. 6:
1. Alternative Elevation Methods — Residential Structures. Residential structures
with their lowest floor elevated above the Regulatory Flood Protection Elevation
(RFPE) using methods alternative to the fill requirements requires a Conditional
Use Permit.
H. Standards for Conditional Uses in Flood Fringe. In addition to the applicable
standards detailed in Tables 1320.1 and 1320.2:
1. All residential structures with lowest floors elevated through alternative elevation
methods must apply for a Conditional Use Permit.
Subd. 7 General Floodplain District.
A. Permitted Uses in General Floodplain District
1. Until the floodway is delineated, allowable uses will be restricted to those listed in
the Floodway District, Subd. 5.
Page 26 of 33
2. All other uses are subject to a floodway/flood fringe determination as provided in
this Section, in addition to the standards provided in Part B and C of this Section.
Permitted uses shall be determined as follows:
a. If the development is determined to be in the Floodway District, Subd. 5.0
applies.
b. If the development is determined to be in the Flood Fringe District, Subd. 6.0
applies.
B. Determining Flood Elevations
1. All development requires a determination of the Base Flood Elevation (BFE).
Proposed developments of more than 50 lots or 5 acres, whichever is lesser,
must use detailed methods for determining the BFE. This may include use of
supporting A Zone modeling and the "shoreland method," when eligible, on lakes.
Exceptions to this requirement include projects that restore the site to the
previous cross -sectional area, such as shore stabilization or culvert replacement
projects. Base Flood Elevations (BFE) may be found using best available data
from any Federal, State, or other source (including MNDNR's Lake & Flood
Elevations Online (LFEO) Viewer).
2. The Regulatory Flood Protection Elevation (RFPE) can be determined by
assuming a one-half (0.5) foot stage increase to accommodate for future
cumulative impacts. A stage increase does not need to be assumed along lakes,
wetlands, and other basins that are not affected by velocities.
C. Encroachment Analysis
1. Encroachments due to development may not allow stage increases more than
one-half (0.5) foot at any point, unless through a map revision following the
procedures in Subd. 11. This evaluation must include the cumulative effects of
previous encroachments and must be documented with hydrologic and hydraulic
analysis performed by a professional engineer, or using other standard
engineering practices. A lesser water surface elevation increase than one-half
(0.5) foot is required if, due to the water surface level increase, increased flood
damages would potentially result.
2. Alterations or changes that result in stage decreases are allowed and
encouraged.
D. Standards for the Analysis of Floodway Boundaries
1. Requirements for Detailed Studies. Any development, as requested by the
Zoning Administrator, shall be subject to a detailed study to determine the Base
Flood Elevation (BFE) and the limits of the Floodway District. This determination
must be consistent with the minimum standards for hydrologic and hydraulic
mapping standards and techniques, as detailed in Minnesota Rules, part
6120.5600, Sub. 4 and FEMA Guidelines and Standards for Flood Risk Analysis
and Mapping, as revised. Additionally:
a. A regulatory floodway necessary to carry the discharge of the one -percent
annual chance flood must be selected without increasing the water surface
elevation more than one-half (0.5) foot at any point. This determination
should include the cumulative effects of previous encroachments. A lesser
water surface elevation increase than one-half (0.5) foot is required if, due to
the water surface level increase, increased flood damages would potentially
result; and
b. An equal degree of encroachment on both sides of the stream within the
reach must be assumed in computing floodway boundaries, unless
Page 27 of 33
topography, existing development patterns, and comprehensive land use
plans justify a modified approach, as approved by the Department of Natural
Resources.
2. Other Acceptable Methods. For areas where a detailed study is not available or
required:
a. Development prohibited in floodways (e.g. most buildings) requires a
floodway/flood fringe determination to verify the development is within the
flood fringe. This determination must be done by a professional engineer or
utilize other accepted engineering practices. The Department of Natural
Resources may also provide technical assistance and must approve any
alternative methods used to determine floodway boundaries.
Subd. 8 Subdivision Standards.
A. Subdivisions. All subdivided land must meet the following requirements.
Manufactured home parks and recreational vehicle parks or campgrounds are
considered subdivisions under this ordinance.
1. All lots within floodplain districts must be suitable for a building site outside of the
Floodway District.
2. Subdivision of lands within the floodplain districts may not be approved if the cost
of providing governmental services would impose an unreasonable economic
burden on Arden Hills.
3. All subdivisions must have vehicular access both to the subdivision and to the
individual building sites no lower than two feet below the Regulatory Flood
Protection Elevation (RFPE), unless a flood warning/emergency evacuation plan
has been approved by Arden Hills.
4. The Floodway and Flood Fringe District boundaries, the Regulatory Flood
Protection Elevation (RFPE) and the required elevation of all access roads must
be clearly identified on all required subdivision drawings and platting documents.
Subd. 9 Public and Private Utilities, Service Facilities, Roads, Bridges, and Railroads.
A. Public Transportation Facilities. Railroad tracks, roads, and bridges must be elevated
to the Regulatory Flood Protection Elevation (RFPE) where such facilities are
essential to the orderly functioning of the area, or where failure or interruption would
result in danger to public health or safety. Minor or auxiliary roads or railroads may
be constructed at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety. All public transportation
facilities should be designed to minimize increases in flood elevations.
B. Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to
be located in the floodplain must be elevated and/or floodproofed to the Regulatory
Flood Protection Elevation (RFPE), be located and constructed to minimize or
eliminate flood damage and be designed to eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters. All public utilities
should be designed to minimize increases in flood elevations. New solid waste
management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited
in the one -percent annual chance floodplain. Water supply systems are subject to
the provisions in Minnesota Rules, parts 4725.4350 and 4725.5850.
C. Private On -Site Water Supply, Individual Sewage Treatment Systems, and other
Service Facilities. Private facilities shall be subject to applicable provisions detailed
in Section
Subd. 10 Manufactured Homes and Recreational Vehicles.
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A. Manufactured Homes. Manufactured homes and manufactured home parks are
subject to applicable standards for each floodplain district. In addition:
1. New and replacement manufactured homes must be placed and elevated in
compliance with Subd. 6.0 of this ordinance and must be securely anchored to a
system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over -the -top or frame ties to
ground anchors.
2. New manufactured home parks and expansions to existing manufactured home
parks must meet the appropriate standards for subdivisions in Section 8.0 of this
ordinance.
B. Recreational Vehicles. Recreational vehicles placed on existing lots of record in the
floodplain must:
1. Be travel ready, meeting the following criteria:
a. The vehicle must be fully licensed.
b. The vehicle must be ready for highway use, meaning on wheels or the
internal jacking system, attached to the site only by quick disconnect type
utilities.
c. No permanent structural type additions may be attached to the vehicle.
d. Accessory structures may be permitted in the Flood Fringe District, provided
they do not hinder the removal of the vehicle should flooding occur, and meet
the standards outlined in Subd. 4.0 and Subd. 6.
Subd.11 Administration.
A. Duties. A Zoning Administrator or other official must administer and enforce this
ordinance.
1. Permit Application Requirements. Permit applications must be submitted to the
Zoning Administrator. The permit application must include the following, as
applicable:
a. A site plan showing all existing or proposed buildings, structures, service
facilities, potential obstructions, and pertinent design features having an
influence on the permit.
b. Location and detail of grading, fill, or storage of materials.
c. Copies of any required local, state or federal permits or approvals.
d. Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
2. Recordkeeping. The Zoning Administrator must maintain applicable records in
perpetuity documenting:
a. All certifications for dry floodproofing and alternative elevation methods,
where applicable.
b. Analysis of no -rise in the Floodway District, as detailed in Subd. 5 Part B, and
encroachment analysis ensuring no more than one-half foot of rise in the
General Floodplain District, as detailed in Subd. 7.
c. Final elevations, as applicable, detailing the elevation (in relation to mean sea
level) of the lowest floor, including basements, of all new and substantially
improved structures. Elevations shall be determined by an engineer,
architect, surveyor or other qualified individual, as approved by the Zoning
Administrator.
d. Substantial damage and substantial improvement determinations, as detailed
in Subd 12, including the cost of improvements, repairs, and market value.
Page 29 of 33
e. All variance actions, including justification for their issuance, and must report
such variances as requested by the Federal Emergency Management
Agency.
3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a
certificate of zoning compliance has been issued by the Zoning Administrator
stating that the finished fill and building floor elevations or other flood protection
measures are in compliance with the requirements of this ordinance.
4. Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters in
accordance with Minnesota Statutes, Section 103G.245, this will suffice as
adequate notice. A copy of the notification must also be submitted to FEMA.
5. Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. Where physical changes affecting flooding conditions may increase
or decrease the water surface elevation of the base flood, Arden Hills must notify
FEMA of the changes in order to obtain a Letter of Map Revision (LOM ), by
submitting a copy of the relevant technical or scientific data as soon as
practicable, but no later than six months after the date such supporting
information becomes available. Within the General Floodplain District, approval
from the Commissioner of Natural Resources is needed prior to permitting any
development that results in a stage increase between 0.5 and 1.0 feet; a map
revision is only required if development results in stage increases greater than
1.0 foot.
B. Conditional Uses and Variances
1. Process.
a. An application for a conditional use permit will be processed and reviewed in
accordance with the provisions of this ordinance.
b. An application for a variance to the provisions of this ordinance will be
processed and reviewed in accordance with Minnesota Statutes, [Section
394.27, Subd. 7 (for counties) or Section 462.357, Subd. 6(2) (for
municipalities)] and this ordinance.
2. Additional Variance Criteria. The following additional variance criteria must be
satisfied:
a. Variances must not be issued within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
b. Variances from the provisions of this ordinance may only be issued by a
community upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
iii. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud or victimization of the public, or
conflict with existing local laws or ordinances.
c. Variances from the provisions in this ordinance may only be issued upon a
determination that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
Page 30 of 33
d. Variances must be consistent with the general purpose of these standards
and the intent of applicable provisions in state and federal law.
e. Variances may be used to modify permissible methods of flood protection, but
no variance shall permit a lesser degree of flood protection than the
Regulatory Flood Protection Elevation (RFPE).
f. The Zoning Administrator must notify the applicant for a variance in writing
that:
i. The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage; and
ii. Such construction below the base flood level increases risks to life and
property. Notification must be maintained with a record of all variance
actions.
3. Considerations for Approval. Arden Hills must consider all relevant factors
specified in other sections of this ordinance in granting variances and conditional
use permits.
4. Conditions of Approval. Arden Hills may attach such conditions to the granting of
variances and conditional use permits as it deems necessary to fulfill the
purposes of this ordinance.
C. Notifications to the Department of Natural Resources
1. All notices of public hearings to consider variances or conditional uses under this
ordinance must be sent via electronic mail to the Department of Natural
Resources respective area hydrologist at 10 days before the hearings. Notices of
hearings to consider subdivisions/plats must include copies of the
subdivision/plat.
2. A copy of all decisions granting variances and conditional uses under this
ordinance must be sent via electronic mail to the Department of Natural
Resources respective area hydrologist within 10 days of final action.
Subd.12 Non conformities.
A. Continuance of Nonconformities. A use, structure, or occupancy of land which was
lawful before the passage or amendment of this ordinance, but which is not in
conformity with the provisions of this ordinance, may be continued subject to the
following conditions:
1. Within the floodway and general floodplain districts (when a site has been
determined to be located in the floodway following the procedures in Subd. 7, or
when the floodway has not been delineated), any expansion or enlargement of
uses or structures is prohibited.
2. Within all districts, any addition, modification, rehabilitation, repair, or alteration
shall be in conformance with the provisions of this ordinance, shall not increase
the flood damage potential or increase the degree of obstruction to flood flows,
and where applicable, must be protected to the Regulatory Flood Protection
Elevation (RFPE).
3. If any nonconforming structure is determined to be substantially damaged or
substantially improved based on the procedures in Subd. 12, it may not be
reconstructed except in conformity with the provisions of this ordinance. Any
structures located outside the one -percent annual chance floodplain are exempt
from this provision.
Page 31 of 33
4. If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must
conform to this ordinance.
5. If any nonconforming structure has utilities, electrical, or mechanical equipment
damaged due to flooding, it must be rebuilt in conformance with the elevation
requirements in Subd. 4 Part B to the greatest extent practicable.
6. This requirement shall apply regardless of the determinations made in Subd. 12.
B. Substantial Improvement and Substantial Damage Determinations. Prior to issuing
any permits for additions, modifications, rehabilitations, repairs, alterations, or
maintenance to nonconforming structures, the Zoning Administrator is required to
determine if such work constitutes substantial improvement or repair of a
substantially damaged structure. A determination must be made in accordance with
the following procedures:
1. Estimate the market value of the structure. In the case of repairs, the market
value of the structure shall be the market value before the damage occurred and
before any restoration or repairs are made.
2. Estimate the cost of the project. The property owner shall accommodate for
inspection, and furnish other documentation needed by the zoning administrator
to evaluate costs.
a. Improvement costs shall be comprised of the market rate of all materials and
labor, as well as the costs of all ordinary maintenance and upkeep carried out
over the past one year.
b. Costs to repair damages shall be comprised of the market rate of all materials
and labor required to restore a building to its pre -damaged condition
regardless of the work proposed, as well as associated improvement costs if
structure is being restored beyond its pre -damaged condition.
3. Compare the cost of the improvement, repairs, or combination thereof to the
estimated market value of the structure and determine whether the proposed
work constitutes substantial improvement or repair of a substantially damaged
structure, as defined in Subd. 2 of this ordinance.
4. Based on this determination, the zoning administrator shall prepare a
determination letter and notify the property owner accordingly. Structures
determined to be substantially damaged or substantially improved may not be
reconstructed except in conformity with the provisions of this ordinance.
Subd. 13 Violations and Penalties.
A. Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed
or maintained in the floodplain in violation of this ordinance shall be considered a
public nuisance.
B. Civil Remedies. The creation of a public nuisance may be enjoined and the
maintenance of a public nuisance under this ordinance may be abated by an action
brought by Arden Hills or the Department of Natural Resources.
C. Enforcement. Violations of the provisions of this ordinance constitute a misdemeanor
and is punishable as defined by law. The Zoning Administrator may utilize the full
array of enforcement actions available to it including but not limited to prosecution
and fines, injunctions, after -the -fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of flood insurance. Arden
Hills must act in good faith to enforce these official controls and to correct ordinance
violations to
Subd.14 Amendments.
Page 32 of 33
A. Ordinance Amendments. Any revisions to the floodplain maps by the Federal
Emergency Management Agency or annexations of new map panels require an
ordinance amendment to update the map references in Subd. 3 of this ordinance.
B. Required Approval. All amendments to this ordinance must be submitted to the
Department of Natural Resources for review and approval prior to adoption, for
compliance with state and federal rules and requirements. The floodplain ordinance
shall not be considered valid until approved.
Page 33 of 33
Attachment F
Chapter 13 Zoning
1340. Use Specific Standards
1340.01 Introductory Provisions
Subd.1 Applicability
A. The specific use standards that are established in this Section are to provide
supplemental regulations to address the unique characteristics of certain land uses.
B. The use standards in this Section are categorized and shall apply to the uses listed
in Table 1320.1 and Table 1320.2 whether the uses are permitted with standards,
interim use, or by conditional use in the applicable zoning district.
C. The use standards identified within this Section shall apply in addition to all other
applicable regulations of this Chapter.
1340.02 Principal Uses
Subd. 2 Adult Uses
A. Definitions
For the purposes of this Section, the following terms shall be defined as set forth
below:
1. Adult Establishment. Adult Establishment means:
a. Adult Patronage. Any business that is conducted exclusively for the
patronage of adults and that excludes minors from patronage, either by
operation of law or by the owners of the business;
b. Receipts; Floor Area; Types of Merchandise. Any business that (i) derives 25
percent or more of its gross receipts during any calendar month from, or (ii)
devotes 25 percent or more of its floor area (not including storerooms, stock
areas, bathrooms, basements, or any portion of the business not open to the
public) to, items, merchandise, devices or other materials distinguished or
characterized by an emphasis on material depicting, exposing, describing,
discussing, or relating to Specified Sexual Activities or Specified Anatomical
Areas; or
c. Adult Usage. Any business that engages in any Adult Use.
2. Adult Uses, Generally. "Adult Uses" are premises, enterprises, establishments,
businesses or places open to some or all members of the public at, or in which,
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activities or Specified Anatomical Areas which are capable of
being seen, heard, or smelled by members of the public. Adult Uses include, but
are not limited to, the following:
a. Adult Body Painting Studio. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non -
transparent, to or on the body of a patron when such body is wholly or
partially nude in terms of "Specified Anatomical Areas."
b. Adult Bookstore. A building or portion of a building used for the barter, rental
or sale of items consisting of printed matter (specifically included, but not
limited to, greeting cards), pictures, slides, records, audio tape, videotape or
motion picture film if such building or portion of a building is not open to the
public generally but only to one or more classes of the public excluding any
Page 1 of 36
minor by reason of age or if a substantial or significant portion of such items
are distinguished or characterized by an emphasis on the depiction or
description of Specified Sexual Activities or Specified Anatomical Areas.
c. Adult Cabaret. A building or portion of a building used for providing dancing or
other live entertainment, if such building or portion of a building excludes
minors by virtue of age or if such dancing or other live entertainment is
distinguished or characterized by an emphasis on the presentation, display,
depiction or description of Specified Sexual Activities or Specified Anatomical
Areas.
d. Adult Companionship Establishment. A companionship establishment which
excludes minors by reason of age, or which provides the service of engaging
in or listening to conversation, talk or discussion between an employee of the
establishment and a customer, if such service is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
e. Adult Conversation/Rap Parlor. A conversation/rap parlor which excludes
minors by reason of age, or which provides the service of engaging in or
listening to conversation, talk or discussion, if such service is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
f. Adult Health/Sport Club. A health/sport club which excludes minors by reason
of age, or if such club is distinguished or characterized by an emphasis on
Specified Sexual Activities or Specified Anatomical Areas.
g. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which
minors are specifically excluded from patronage by reason of age and
wherein material is presented which is distinguished or characterized by an
emphasis on matter depicting, describing or relating to Specified Sexual
Activities or Specified Anatomical Areas.
h. Adult Massage Parlor, Health Club. A massage parlor or health club which
restricts minors by reason of age, or which provides the services of massage,
if such service is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
i. Adult Motion Picture Theater. A building or portion of a building used for
presenting material if such building or portion of a building as a prevailing
practice excludes minors by reason of age, or if such material is distinguished
or characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
j. Adult Modeling Studio. A modeling studio which restricts minors by reason of
age, or whose major business is the provision, to customers, of figure models
who are so provided with the intent of providing sexual stimulation or sexual
gratification to such customers, or who engage in Specified Sexual Activities
or display Specified Anatomical Areas while being observed, painted, painted
upon, sketched, drawn, sculptured, photographed, or otherwise depicted by
such customers.
k. Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug -operated or electronically, electrically or
mechanically controlled or operated still or motion picture machines,
projectors or other image -producing devices are maintained to show images
to five or few persons per machine at any one time, and where the images so
Page 2 of 36
displayed are distinguished or characterized by an emphasis on depicting or
describing Specified Sexual Activities or Specified Anatomical Areas.
I. Adult Novelty Business. An establishment or business engaged in the sale of
novelty items which:
i. Restricts minors by reason of their age; or
ii. Has as its principal activity the sale of devices and other products which:
a. Stimulate human genitals or devices which are designed to create
sexual stimulation or excitement; or,
b. Are otherwise designed to stimulate or arouse sexual excitement in
any manner whatsoever, specifically including, but not limited to, items
such as inflatable dolls or similar devices; or,
c. Is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
m. Adult Sauna. A sauna which excludes minors by reason of age, or which
provides a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing utilizing steam or hot air as a cleaning,
relaxing or reducing agent, if the service provided by the sauna is
distinguished or characterized by an emphasis on Specified Sexual Activities
or Specified Anatomical Areas.
n. Adult Steam Room/Bathhouse Facility. A building or portion of building used
for providing a steam bath or heat bathing room used for the purpose of
pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a
cleaning, relaxing or reducing agent if such building or portion of a building
restricts minors by reason of age or if the service provided by the steam
room/bathhouse facility is distinguished or characterized by an emphasis on
Specified Sexual Activities or Specified Anatomical Areas.
3. Specified Anatomical Areas. "Specified Anatomical Areas" are defined as follows:
a. Female. Less than completely and opaquely covered human genitals, pubic
region, buttock, anus, or female breast(s) below a point immediately above
the top of the areola; and,
b. Male. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
4. Specified Sexual Activities. "Specified Sexual Activities" are defined as follows:
a. General Sexually Oriented Acts. Actual or simulated:
i. Sexual intercourse;
ii. Oral copulation;
iii. Anal intercourse;
iv. Oral -anal copulation;
v. Bestiality;
vi. Direct physical stimulation of unclothed genitals;
vii. Flagellation or torture in the context of a sexual relationship;
viii. The use of excretory functions in the context of a sexual relationship; or,
ix. Any of the following sexually oriented acts or conduct: anilingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or
b. Genitalia. Any clear depiction of human genitals in the state of sexual
stimulation, arousal or tumescence; or
Page 3 of 36
c. Certain Uses and Activities. Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
d. Touching. Fondling or touching of nude human genitals, pubic region,
buttocks, or female breast; or
e. Nature of Clothing, or Lack Thereof. Situations involving a person or persons,
any of whom are nude, clad in undergarments or in sexually revealing
costumes and who are engaged in activities involving the flagellation, torture,
fettering, binding or other physical restraint of any such person; or
f. Animals. Erotic or lewd touching, fondling or other sexually -oriented contact
with an animal by a human being; or
g. Irrigation. Human excretion, urination, menstruation, vaginal irrigation.
B. Regulations
1. Location Restrictions. The restrictions set forth below shall apply to the location
of Adult Establishments.
a. No Adult Establishment shall be operated or maintained except within the BP
zoning district pursuant to a conditional use permit more fully described in
Section 1370.04 Subd. 3.; and
b. No Adult Establishment shall be operated or maintained within 1000 feet of
any residential district.
c. The distance requirements provided for in this Section shall be measured as
set forth in Section 1320 of the Zoning Ordinance.
2. Sign Requirements. In addition to the requirements of Chapter 12 -Sign Code all
businesses regulated under this chapter shall comply with the following sign
requirements:
a. All signs shall be wall signs.
b. No merchandise or pictures of the products or entertainment on the premises
shall be displayed in window areas or in any area where they can be viewed
from a public street or sidewalk in front of the building.
c. Window areas shall not be covered or made opaque in any way.
d. No sign shall be placed in any window.
e. A one square foot sign shall be placed on the door of the establishment to
state hours of operation and admittance is limited to adults only.
f. Where any provisions of this section conflict with Chapter 12 — Sign Code,
the provision that is more stringent shall be applied.
3. Physical Layout of Business. Any Adult Establishment having available for
customers, patrons or members, a booth, room or cubicle for the private viewing
of any Specified Anatomical Areas or Specified Sexual Activities must comply
with the following requirements:
a. Each booth, room or cubicle shall be totally accessible to and from aisles and
public areas of the Adult Establishment and shall be unobstructed by any
door, lock or other control type devices.
b. Every booth, room or cubicle shall meet the following construction
requirements:
i. Each booth, room or cubicle shall be separated from adjacent booths,
rooms and cubicles and any non-public areas by a wall.
ii. Have at least one side totally open to a public lighted aisle so there is an
unobstructed view at all times of anyone occupying the area.
Page 4 of 36
iii. All walls shall be solid and without any openings, extended from the floor
to a height of not less than six feet and be light colored, non -absorbent,
smooth textured and easily cleanable.
iv. The floor must be light colored, non -absorbent, smooth textured and
easily cleanable.
v. The lighting level of each booth, room or cubicle when not in use shall be
a minimum of 10 foot candles at all times, as measured from the floor.
c. Only one individual shall occupy a booth, room or cubicle at any time. No
occupant of a booth, room or cubicle shall engage in any type of sexual
activity, nor cause any bodily discharge or litter while in the booth. No
individual shall damage or deface any portion of the booth.
4. License Required; Number of Licenses Available.
a. From and after the effective date of this Code no Adult Establishment shall be
operated or maintained in the City of Arden Hills without first obtaining a
license to operate issued by the City.
b. A license may be issued for only one Adult Establishment located at a fixed
and certain place. Any person, partnership or corporation which desires to
operate more than one Adult Establishment shall have a separate license for
each such business.
c. No license or interest in a license may be transferred to any person,
partnership, corporation, or other entity.
d. Only one licensed adult establishment may be operated:
i. Within a single building; or,
ii. Upon a single tax parcel.
e. No more than three licenses for an Adult Establishment may be issued and
active at any given time.
5. Application for License.
a. Any person, partnership or corporation desiring to secure a license shall
make application to the City Clerk.
b. The application for a license shall be upon a form provided by the City.
c. An applicant shall furnish the following information:
i. Names, addresses and dates of birth of applicant and spouse if any.
ii. Written proof that the applicant is at least eighteen years of age.
iii. Address of the Adult Establishment to be operated by the applicant.
iv. The name of the City, County and State, if any, where the applicant
previously operated an Adult Establishment.
v. Whether the applicant has ever been convicted of a felony involving
sexual conduct, the use or distribution of controlled substances or the use
or distribution of a dangerous weapon. If the answer to the last is yes,
state the jurisdiction in which the offense or offenses occurred. The
applicant may attach any explanation he or she deems appropriate.
vi. If the applicant is a corporation (partnership/LLC/trust or other business
entity which is not a natural person), the name of the corporation, the date
and state of incorporation, the name and address of the registered agent
and the name and address of all shareholders owning more than 5
percent of the stock in said corporation and all officers and directors of the
corporation.
Page 5 of 36
d. Within 60 days of receiving a completed application for a license, the City
Clerk shall submit the application to the City Council for approval or denial.
e. Failure or refusal of the applicant to give any information relative to the
investigation of the application shall constitute grounds for denial of the
license.
6. Standards for Issuing Licenses.
a. To receive a license to operate an Adult Establishment, an applicant must
meet the following standards:
i. The applicant must be 18 years of age or older.
ii. The applicant or his or her spouse has not been denied a similar license
by any other city, county or state within the preceding twelve months or
has not had such a license revoked or suspended within the preceding
twelve months.
iii. All current real estate taxes have been paid on the licensed premises.
iv. The licensed premises meet all the provisions of this Section as well as
all building and fire codes.
v. The applicant or spouse has not been convicted of any felony involving
moral turpitude, prostitution, obscenity or other crime of a sexual nature
or involving the use or distribution of a controlled substance as defined by
Minnesota laws, or the use or distribution of a dangerous weapon. The
fact that a conviction may be under appeal shall not affect the
disqualification of the applicant.
vi. All license and investigation fees required by this Chapter have been
paid.
b. For the purposes of this section the term "applicant" shall include an
individual, all persons having a financial interest in a partnership or joint
venture, and, in the case of a corporation (partnership/LLC/trust or other
business entity which is not a natural person), all officers, directors and
stockholders required to be named in the application.
c. All police, fire and building code investigations shall be completed within 21
days after the date the completed application is filed with the City Clerk. Upon
a showing of good cause and reasonable diligence on the part of an
investigator, the City Council may extend the investigation period for a
reasonable time. Any investigation not completed within the allotted time
period shall be deemed to be waived.
7. License Fees.
a. The annual license fee to operate an Adult Establishment shall be determined
by the City Council by resolution.
b. In addition to the annual license fee, an investigation fee in an amount
determined by the City Council by resolution shall be paid at the time of the
initial license application.
c. All appropriate fees shall be submitted along with the application for a new or
renewal license.
d. If an application is denied, the license fee, but not the investigation fee shall
be refunded to the applicant.
8. Display of License. The license shall be displayed in a conspicuous public place
in the Adult Establishment.
9. Renewal of License.
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a. Every license issued pursuant to this Chapter shall expire at 12:00 midnight
on December 31 st of each year unless sooner revoked by the City Council
and must be renewed before operation is allowed in the following year.
b. Applications for renewal must be submitted with the annual license fee to the
City Clerk not later than 60 days before the license expires.
c. Renewal of a license may be issued by the City Clerk unless the Clerk finds
cause for not renewing the license in which case the Clerk shall submit the
renewal application to the City Council prior to the expiration of the license.
d. No license for which application for renewal has been timely made shall be
deemed to expire until the City Council has rendered its decision not to renew
a license. No application for renewal of a license may be denied by the City
Council until after the applicant has received written notice at least 10 days
prior to a public hearing before the Council. The applicant may appear with or
without counsel at that public meeting and may present such evidence and
witnesses, as he or she deems appropriate.
10. Revocation of License.
a. The City Council shall revoke a license for any of the following reasons:
i. Discovery that false or misleading information or data was given on any
initial or renewal application or material facts was omitted from any such
application.
ii. The operator or an employee of the operator violates any provisions of
this Section or any rule or regulation adopted by the Council pursuant to
this Section, provided, however, that in the case of a first offense by an
operator where the conduct was solely that of an employee the penalty
shall not exceed a suspension of thirty days if the Council finds that the
operator had no actual or constructive knowledge of such violation and
could not by the exercise of due diligence have had such actual or
constructive knowledge.
iii. The operator becomes ineligible to obtain a license.
iv. Failure to pay any cost or fee required to be paid by this Code.
v. Any intoxicating liquor or cereal malt beverage is served or consumed on
the premises of the Adult Establishment.
b. The Council, before revoking or suspending any license, shall give the
operator 10 days' written notice of the charges against him or her, and an
opportunity for a public hearing before the Council at which time the operator
may appear with or without counsel and may present such evidence and
witnesses as he or she deems appropriate.
c. The transfer of a license or any interest in a license shall automatically and
immediately revoke the license.
d. Any operator whose license is revoked shall not be eligible to receive a
license for one year from the date of revocation. No location or premises for
which a license has been issued shall be used as an Adult Establishment for
six months from the date of revocation of the license.
11. Responsibilities of Operator.
a. Every act or omission by an employee constituting a violation of the
provisions of this Chapter shall be deemed the act or omission of the operator
if such act or omission occurs either with the authorization, knowledge or
approval of the operator, or as a result of the operator's negligent failure to
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supervise the employee's conduct, and the operator shall be punishable for
such act or omission in the same manner as if the operator committed the act
or caused the omission.
b. Any act or omission of any employee constituting a violation of the provisions
of this Chapter shall be deemed the act or omission of the operator for
purposes of determining whether the operator's license shall be revoked,
suspended or renewed.
c. No employee of an Adult Establishment shall allow any minor to loiter around
or to frequent the Adult Establishment or to allow any minor to view Specified
Anatomical Areas or Specified Sexual Activity at the Adult Establishment.
d. The operator shall maintain the premises in a clean and sanitary manner at
all times.
e. The operator shall maintain at least ten -foot candles of light in the public
portions of the establishment, including aisles, at all times. However, if a
lessor level of illumination in the aisles shall be necessary to enable a patron
to view the adult entertainment in a booth, room or cubicle adjoining an aisle,
a lesser amount of illumination may be maintained in such aisles, provided,
however, at no time shall there be less than one foot candle of illumination in
said aisles as measured from the floor.
f. All business transactions shall occur within the licensed building.
g. No employee shall have been convicted of any felony involving moral
turpitude, prostitution, obscenity or other crime of a sexual nature or involving
the use or distribution of a controlled substance as defined by Minnesota
laws, or the use or distribution of a dangerous weapon. The fact that a
conviction may be under appeal shall not affect the disqualification of the
employee.
h. The operator shall ensure compliance of the establishment and its patrons
with the provisions of this Chapter.
12. Exclusions. All public and private schools located within the City of Arden Hills
are exempt from obtaining a license hereunder when instructing pupils in sex
education as part of its curriculum.
13. No Minors. No person under the age of 18 shall be permitted to be present in an
Adult Establishment.
14. Hours of Operation. The hours of operation for any business licensed under this
Section shall be between 9:00 AM to midnight.
15. Penalties
a. Any individual, partnership or corporation (partnership/LLC/trust or other
business entity which is not a natural person) who is found to have violated
the provisions of this Chapter shall be guilty of a misdemeanor and shall also
be subject to revocation of any license.
b. Each violation of this Code shall be considered a separate offense and any
violation continuing more than one day shall be considered a separate
offense.
16. Enforcement. Members of the law enforcement agency providing service to the
City, the Fire Marshal, or designee, the Building Official or designee and the
Zoning Administrator or designee, shall have authority to enter any Adult
Establishment at all reasonable times to inspect the premises for the purposes of
enforcing this Chapter and all other applicable State laws, fire codes and building
codes.
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C. Prohibited Uses
1. An Adult Use which is also classified as 'obscene" by Minn. Stat. §617.241,
Subd. 1A and/or as an "Adult Entertainment Establishment" by Minn. Stat.
§617.242, Subd. 1 is prohibited in the City of Arden Hills.
D. Means of Enforcement
1. The City may enforce any provision of this Section by mandamus, injunction, or
any other appropriate civil remedy in any court of competent jurisdiction. This
Section may also be enforced by appropriate criminal prosecution.
E. Separability
1. Every section, provision, or part of this Section is declared separable from every
other section, provision, or part of this Section. If any section, provision, or part of
this Section is adjudged to be invalid by a Court of competent jurisdiction, such
judgment shall not invalidate any other section, provision, or part of this Section.
Subd. 3 Animal veterinary clinic
F. Boarding may be provided for animals as part of medical services.
G. All activity shall take place within completely enclosed buildings with soundproofing
and odor control.
H. All animals shall be kept inside overnight except when supervised by a person for the
purpose of animal relief.
I. Outdoor kennels and play areas are prohibited.
Subd. 4 Automobile fuel station
J. Site Development Standards
1. Landscaping. A lot to be used for automotive fuel station purposes shall be
landscaped at least to the following depths from each lot line:
a. 20 feet from the front lot line, except for approved access drive.
b. 10 feet from each side lot line.
c. 15 feet from rear lot line.
2. Electronic Devices. Electronic devices such as loudspeakers or devices, and
similar instruments, shall not be located within fifty feet of any adjacent lot
regardless of use or zoning district.
3. Snow Storage. Adequate area shall be designed for snow storage such that clear
visibility shall be afforded from the property to any public street.
4. Screening. A suitable screening fence shall be erected along all property lines
except those which are also public right-of-way lines. Said fence shall be of a
type and design approved by the Council. Planting of a type approved by the
Council may also be required in addition to or in lieu of fencing.
5. Design. The design of all structures shall be compatible with other structures in
the surrounding area.
6. Access. Access shall be to public streets from at least two points on the subject
premises. A divided entry with a center island may meet the requirements of this
provision.
7. Rules and Regulations of State Fire Marshal. With respect to automobile fuel
stations, any building proposed to be used as a fuel station shall be constructed
and maintained as required by the rules and regulations of the state fire marshal
governing the handling, storage and transportation of flammable liquids. Every
facility, whether underground or above ground and whether indoors or out-of-
doors, for the handling, storage and movement of flammable liquids, shall
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likewise be constructed and maintained in accordance with the rules and
regulations of the State Fire Marshal and the Pollution Control Agency (PCA).
8. The architecture and the site, grading, circulation, landscaping, screening, and
signage plans shall unify the appearance and function of the complex or building.
9. An architecturally unified complex may consist of one or more buildings on one or
more parcels if the intent of providing a unified appearance and function is not
compromised.
10. The applicant shall submit a circulation plan that demonstrates that the use will
not interfere or reduce the safety of non -motorized movements, specifically
pedestrians and bicyclists.
Subd. 5 Automobile service and repair, major
K. In addition to following the standards in Section 1340.02 Subd. 3 Automotive fuel
station, a major automobile service and repair use must meet the following:
1. Major motor vehicle repair work of any kind shall be prohibited within off-street
parking or loading facilities, unless approved as a use or through the site plan
approval process in accordance with Sections 1330 and 1370 in this Code.
2. Exterior storage of vehicles or overnight parking on a lot shall be prohibited from
public view.
3. Vehicles associated with the operations of the use shall be parked on the side or
rear of the property and screened from public view, in accordance with the
Screening standards in Section 1350.06.
4. Passenger, commercial, and recreational vehicles shall not be displayed "For
Sale" within nonresidential districts unless part of an approved sales dealership
or for short term parking (eight hours or less) if the vehicle is owned by an
employee of the business where the vehicle is parked. Used car/vehicle sales
may only be allowed when they are in integral part of an approved car
dealership, meeting all regulations in this Code.
Subd. 6 Automobile service and repair, minor
L. Must follow the standards of automotive fuel station and automobile service and
repair, major above.
Subd. 7 Boarding house
M. Access from the site to a cul-de-sac or local street shall not be permitted.
N. No structure or hard surface area shall be constructed on the site within 75 feet of
any adjacent residential lot.
Subd.8 Brewpub
O. Compliance with all applicable provisions of state and local law and obtain all
required licenses.
P. Owner/operator shall install all standard or necessary equipment to ensure that
detectable odors coming from brewing/distilling operation are eliminated to prevent
odors from presenting a public nuisance.
Q. No exterior storage allowed including but not limited to: brewing/distilling equipment,
product, raw materials or waste materials.
R. A loading and unloading area for all trucks greater than 22 feet in length must be
provided off-street.
S. No more than 50 percent of the total gross floor area of the establishment shall be
used for the brewery function, including but not limited to, the brewhouse, boiling and
water treatment areas, bottling and kegging lines, malt milling and storage,
fermentation tanks, conditioning tanks and serving tanks.
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T. Revenue from food sales must constitute at least 50 percent of total business
revenue.
Subd. 9 Cannabis, business
U. Applicability
The standards within this subsection shall apply to the following uses:
a. Cannabis, commercial agriculture
b. Cannabis, light manufacturing
c. Cannabis, mezzobusiness
d. Cannabis, microbusiness
e. Cannabis, retail sales
f. Cannabis, testing facility
g. Cannabis, wholesaling
h. Lower -potency hemp edible, light manufacturing
V. Setbacks
1. Any cannabis business must be setback 1,000 feet from schools as established
by Minnesota Statute Section 342.13(c).
2. Exceptions to distance restrictions. Cannabis business located north of Highway
694, east of Interstate 35W and west of State Highway 10 in the Gateway
Business zoning district shall be exempt from the distance requirements of City
Code 1340.02 Subd. 8. B.
W. Development Standards
1. Must be licensed by the State of Minnesota and in compliance with the standards
set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis
Management.
2. Security.
a. The facility shall be secured as required by Minnesota Statutes, Minnesota
Rules, and the Office of Cannabis Management.
b. Any security bars, gates, or grills shall be retractable, shall remain open and
retracted when the cannabis business is open to the public or otherwise in
operation, and shall not be installed on the exterior of the building.
3. Outdoor operations are prohibited.
4. The facility shall not produce noxious or nuisance causing odors, subject to the
following conditions:
a. The facility shall be ventilated so that all odors cannot be detected by a
person with a normal sense of smell at the exterior of the facility or at any
adjoining use or property.
b. Growing cannabis must comply with all applicable laws and shall not produce
noxious or dangerous gases or odors or otherwise create a danger to any
person or entity in or near the facilities.
c. An odor maintenance plan must be submitted to the city and approved by the
city.
d. At the City Council's discretion, the applicant may be required to provide
plans that show appropriate odor control systems so as not to produce any
noxious or dangerous gases or odors or create any dangers to any person or
entity in or near the facility.
5. All mechanical, odor suppression equipment, and trash enclosures must be
screened.
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6. Outdoor storage of containers, pallets, waste/recycle containers, etc. is
prohibited.
7. Lighting
a. All site lighting must meet City Code requirements. All light fixtures must be
directed downward with cut-offs and be architecturally designed to match the
overall design of the building.
b. The specifications of all light fixtures must be provided to the City with the
application for a conditional use permit.
c. A photometric plan must be submitted to the City with the application for a
conditional use permit, indicating light measured at the property line.
d. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and
10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-candles
at any time.
8. Water and Wastewater
a. Management of wastewater shall be in accordance with the Office of
Cannabis Management, Minnesota Pollution Control Agency, and City
Ordinances. Where multiple standards exist, the more restrictive of the
standards shall apply.
b. Water use within the site shall be designed to maximize the amount of water
reuse possible.
9. Signs
a. Signs shall comply with the Office of Cannabis Management and the City
Code. Whenever a more restrictive standard exists, the more restrictive
standard shall apply.
b. Exterior wall, window, and monument signage shall not depict a cannabis
flower, cannabis product, hemp edibles, hemp derived edible consumer
product, or the like. Additionally, a business logo containing the above
depictions shall not be displayed as part of any exterior signage. No products,
interior signage, advertisements, or like attention -getting items shall be
placed or displayed that may be visible from the exterior of the Cannabis or
Hemp Business
10. Sale of Cannabinoids
a. Cannabis businesses are limited to retail sale of cannabis, cannabis flower,
cannabis products, lower -potency hemp edibles, or hemp -derived consumer
products between the hours of 10:00 a.m. and 9:00 p.m. on Monday through
Sunday.
Subd. 10 Car wash
X. Screening of automobile headlights shall be provided. Screening must be at least
three feet in height consisting of a wall, fence, dense vegetation, berm or grade
change or similar screening as determined by the City Council.
Y.
Subd. 11 Care facility
Z. Access to a cul-de-sac or local street shall not be permitted from the site.
AA.No structure or hard surface area shall be constructed on the site within 75 feet of
any adjacent residential lot.
BB.Within the MU district, all care facilities shall be approved through a planned unit
development (PUD).
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CC. A care facility may incorporate memory care units meeting the following:
1. Each unit consists of private bedrooms with bathrooms;
2. Each unit is open to a shared central dining and living areas;
3. Units may be less than 550 square feet;
4. Memory care units shall be considered to be equivalent to 0.5 dwelling units.
Subd. 12 Clinic, medical office
DD. Clinics shall not exceed 3,000 gross square feet.
Subd. 13 Commercial recreation, indoor
EE.In the NB district, indoor commercial recreation facilities shall not exceed 5,000 gross
square feet.
Subd. 14 Daycare facility
FF. The following standards apply for daycare facilities with 10 or more children in
residential zones:
1. Access from the site to a cul-de-sac or local street shall not be permitted.
2. No structure or hard surface area shall be constructed on the site within 75 feet
from any adjacent residential lot.
Subd. 15 Dwelling, cottage courtyard
GG. Minimum distance between dwelling units shall be 10 ft.
HH. Each cottage courtyard development shall provide a shared courtyard which is
centrally located, allowing each dwelling unit to be located adjacent to the shared
courtyard. Minimum width and depth of the shared courtyard shall be 20 ft.
II. The cottage courtyard development shall provide a minimum of 300 square feet of
common open space per dwelling unit. This common space includes the required
shared courtyard.
JJ. A cottage courtyard development shall consist of at least four and no more than 12
dwelling units located around a shared, centrally located courtyard.
KK.A cottage courtyard development may have more than one courtyard.
ILL. Each dwelling with street frontage shall have a principal entrance facing the front
property line and street. Each dwelling that does not have street frontage shall have
a principal entrance facing the shared courtyard.
MM. Each dwelling unit abutting a public street shall have windows on the facade
oriented to the public street.
NN. Pedestrian paths shall be provided to ensure pedestrian access from each
individual dwelling unit to the front property line and street.
00. Parking shall be provided to accommodate a minimum of one off-street parking
space per dwelling unit.
PP.Shared parking, when provided, shall be in the rear yard. unit.
Subd. 16 Dwelling, multi -unit (small and large scale)
QQ. Access from the site to a cul-de-sac or local street shall not be permitted.
RR. No structure or hard surface area shall be constructed on the site within 75 feet
of any adjacent residential lot.
SS.Common Area. Common area devoted to recreation or leisure activities shall be
provided. Common area must include a combination of both indoor and outdoor
space.
TT. Efficiency Apartments. The number of efficiency units in a multiple dwelling shall not
exceed 15 percent of the total number of apartments.
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Subd. 17 Dwelling, two -unit attached (twinhome)
UU. The orientation of the structure(s) shall match the orientation of other existing
principal structures along the block on which it is located.
VV.In the MU and NB Districts, twinhome dwellings may be located within a mixed -use
development including non-residential structures.
Subd. 18 Dwelling, two -unit
WW. In the NB District, two -unit dwellings may be located within a mixed -use
development including non-residential structures.
Subd. 19 Dwelling, townhome/rowhouse
XX.Each individual townhouse/rowhouse group may contain no more than five dwelling
units per structure if in a row or no more than eight dwelling units if back-to-back.
YY.Minimum distance between townhome structures. In addition to the setback
requirements in Section 1320.04, the following minimum distances shall be
maintained between structures.
1. A minimum of 10 feet shall be maintained between side walls of end unit
townhomes between adjacent rows of townhome units.
2. Where the rear of a row of townhome dwelling units faces the rear of an adjoining
row of townhome dwelling units, the minimum distance between structures shall
60 feet.
3. Where the rear of a row of townhomes faces the side wall or front of an adjoining
row of townhomes, the minimum distance between the structures shall be 40
feet.
4. Off street parking areas provided within the common area for the use of all of the
homeowners shall maintain a minimum setback of 15 feet from adjacent
townhome dwelling units.
ZZ. Design of garage and accessory structures
1. No garage shall extend the full width of any individual unit. The front fagade of a
townhouse or rowhouse unit shall include a window and door.
2. Garages and other accessory structures shall be architecturally compatible in
construction and appearance with the main building.
AAA. Vertical Wall Surface Alignments: No more than two adjacent unit exterior walls
may occupy the same vertical plane. All townhouse or rowhouse buildings containing
three or more dwelling units shall have minimum offsets of four feet between one of
the units and the adjacent unit.
BBB. Open Space Requirements. All areas not occupied by structures, parking or
driving surfaces shall be landscaped and maintained with vegetation. At least 20% of
the open/green space, excluding required setback areas, shall be reserved for
playgrounds and/or passive recreational space. Park lands shall be graded and
seeded by the developer.
Subd. 20 Event Center
CCC. Within the MU District, event centers shall conform to the following:
1. The occupancy of the building must never exceed the occupancy load posted
based on the Fire Marshal's determination.
2. The serving of alcohol shall be subject to Minnesota State Statute and Chapter 5
-Alcoholic Beverages of the Arden Hills City Code requirements and is permitted
only in conjunction with a private event that is not open to the public.
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3. Licensing information from the Ramsey County Sheriff's Office may be requested
by City. City could at its discretion request licensing information from the County
Sheriff's Office.
4. A security plan shall be submitted and approved by the City;
5. A noise mitigation strategy shall be submitted and approved by the City.
DDD. The city may:
1. Prohibit access from a predominantly residential street.
2. Restrict the hours of operation for loading docks.
3. Require greater than minimum setbacks for structures and driveways.
4. Require opaque screening to eliminate headlight glare.
5. Impose any other restriction it deems to be in the public interest.
Subd. 21 Financial Institution or service
EEE. Financial institutions or services shall not exceed 5,000 gross square feet.
Subd.22 Hotel/motel
FFF. Within the MU District, entrance to each room shall be from an indoor corridor.
Subd. 23 Manufactured Home Parks
GGG. All manufactured homes must be affixed to a permanent frost -free foundation
with a completely enclosed crawl space that allows access for inspections.
HHH. Each manufactured home park shall provide a safe place of shelter from extreme
weather conditions, or a plan for evacuation to a safe place of shelter, in compliance
with Minn. Stat. §327.20.
III. All manufactured home parks shall be designed with a minimum of two access points
onto public rights -of -way.
JJJ. The manufactured home park shall be screened along the perimeter with a wall
or opaque fence not less than six feet high or vegetation consisting of a hedge,
evergreens, or other landscaping following Section 1350.06, approved by the Zoning
Administrator.
KKK. Driveways and parking areas shall be paved. All parking of motor vehicles shall
take place on a paved surface.
LLL. Accessory Structures in Manufactured Home Parks.
1. A detached carport or garage maybe permitted on each manufactured home site
provided that:
a. It does not exceed 120 square feet in size;
b. It conforms to all property line setbacks, building codes, and is separated
from all other structures by a minimum of 10 feet;
c. It is constructed of durable material. Prohibited materials include metal
tubing, fabric, cloth, plastic, exposed plywood, particle board, or corrugated
metal.
Subd. 24 Micro brewery
MMM. Compliance with all applicable provisions of state and local law and obtain all
required licenses.
NNN. The site and building(s) shall be designed to limit the effects of this use on
adjacent properties and public rights -of -way. No loading docks or overhead vehicle
doors shall be on a side abutting any public rights -of -way or any residential use or
district.
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000. The principal building shall be the primary source for screening of the loading
area or any required outdoor equipment.
PPP. All drives, loading, and parking areas for the microbrewery and associated uses
shall be paved with a concrete or bituminous surface including concrete curbing.
QQQ. Pedestrian circulation between the parking area and the microbrewery and
associated uses shall be provided through sidewalks at least five feet in width and
paved with concrete, bituminous, pavers or similar hardscape.
RRR. Outdoor seating is subject to the performance standards outlined for site
furnishings and seated areas in Section 1350.07 Subd. 8 of this chapter.
Subd. 25 Micro distillery
SSS. See standards for micro brewery in Section 1340.02 Subd. 23
Subd.26 Nursery
TTT. All outdoors sales shall meet the requirements of Section 1240.03.
UUU. Materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
VVV. Products containing chemical fertilizers, pesticides, or herbicides must be stored
in a secure, roofed and contained area where water runoff cannot reach the exterior
landscape or storm sewer.
WWW. Floor drainage for garden center/nursery must protect storm and ground water
sources by following Stormwater Best Management Practices (BMPs), including a
stormwater pollution prevention plan.
XXX. No off-season storage can occur in the outdoor sales area unless specified in a
land use approval.
YYY. Creation of the garden center/nursery shall not disrupt safe traffic flow through
the site.
Subd. 27 Place of assembly
ZZZ. Access from the site to a cul-de-sac or local street shall not be permitted.
AAAA. No structure or hard surface area shall be constructed on said site closer than 75
feet from any adjacent residential lot.
Subd. 28 Personal services
BBBB. Personal service uses shall not exceed 5,000 gross square feet.
Subd. 29 Public uses
CCCC. The following standards apply to public uses in residential zoning districts:
1. Access from the site to a cul-de-sac or local street shall not be permitted.
2. No structure or hard surface area shall be constructed on the site within 75 feet
of any adjacent residential lot.
Subd. 30 Residential facility, state licensed serving 7-16
DDDD.Access from the site to a cul-de-sac or local street shall not be permitted
EEEE. No structure or hard surface area shall be constructed on the site within 75 feet
of any adjacent residential lot
Subd.31 Restaurant
FFFF. Restaurants shall not exceed 3,000 gross square feet. Exterior seating may be
considered based on its demonstrated impact to adjacent residential uses outside
the neighborhood business district.
Subd. 32 Retail sales and service (large)
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GGGG. Retail sales and service shall not exceed 50,000 gross square feet unless
it is a club, sport and fitness use.
Subd. 33 Retail sales and service (small)
HHHH. Within the NB District, retail sales and service shall not exceed 5,000 gross
square feet.
1. Automobile related business, liquor stores, and restaurants exceeding 40 percent
in gross liquor receipts of the total food and liquor receipts, shall not be allowed
in the Neighborhood Business District.
Subd. 34 Sacred community
IIII. Any sacred community use shall meet all requirements listed in Minn. Stat. §327.30.
Subd. 35 School bus terminal
JJJJ. Location of a school bus terminal site must be:
1. Within 300 feet of an existing general education school; and
2. Adjacent to both a major arterial and collector road and have direct access to one
of these roads.
Subd. 36 School, general education
KKKK. General Education uses shall be allowed with an approved Conditional Use
Permit.
LLLL. Higher education uses shall be allowed with an approved Planned Unit
Development.
1. Higher education uses within the R-1 District shall also be required to meet the
following requirements:
a. Be located in a campus setting on a contiguous area of land no less than 10
acres in size;
b. The campus setting shall be comprised of main buildings and out buildings
that are owned or leased by the institution or school district providing the
school use, and within which are offered a mix of no fewer than four of the
following educational uses:
i. classrooms,
ii. laboratories,
iii. administrative and faculty offices,
iv. chapels,
v. auditoriums,
vi. libraries,
vii. lecture halls,
viii. student and faculty centers,
ix. athletic facilities,
x. student housing,
xi. dining facilities, and/or
xii. other school related uses as approved by the City Council.
MMMM. All school uses in residential districts shall be required to meet the
following standards:
1. Access from the site to a cul-de-sac or local street shall not be permitted
2. No structure or hard surface area shall be constructed on the site within 75 feet
of any adjacent residential lot.
Subd. 37 School, specialized education
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NNNN. See standards for school, general education in Section 1340.02 Subd. 35 above.
Subd. 38 Thrift Store
0000. All merchandise receiving, transfer, sorting, processing, and storage shall
occur within a completely enclosed principal structure.
PPPP. No exterior storage or the use of exterior storage containers or semi -trailers for
storage shall be allowed upon the site.
QQQQ. Waste and recycling receptacles and equipment shall be completely
contained within a principal or accessory structure.
RRRR. For any thrift store that accepts donations, at least one accessory drive -through
donation lane shall be provided for stores over 5,000 square feet in size.
SSSS. Accessory drive -through donation lanes leading to and accessing the indoor
collection/donation area shall meet the standards for drive -up windows in Section
1340.03 Subd. 8 and the following conditions:
1. Drive -through donation lanes shall not be permitted within the front, side, or rear
yards which abut a public street.
2. Drive -through donation lanes shall be designed in a manner that segregates the
drop-off lane from drive lanes, parking spaces, and sidewalks.
3. The drive -through donation lane shall be a minimum of 14 feet wide and provide
up to 160 linear feet of automobile stacking space within the site.
4. Automobile stacking shall not interfere with on -site drive lanes, fire lanes, parking
stalls, loading areas, access to trash/recycling dumpsters, or sidewalks.
5. Drive -through donation lanes shall not open directly onto a public street.
6. Directional signage shall be provided to direct customers to the
collection/donation area.
Subd. 39 Wireless Telecommunications Facilities, Towers, and Antennas
A. Purpose. In order to accommodate the communication needs of residents and
businesses while protecting the public health, safety, and general welfare of the
community, the City finds that these regulations are necessary to:
1. Maximize the use of existing and approved towers and buildings to
accommodate new personal wireless service antennas in order to reduce the
number of new towers necessary to serve the community;
2. Ensure antennas and towers are designed, located, and constructed in
accordance with all applicable code requirements to avoid potential damage to
adjacent properties from failure of the antenna and tower through structural
standards and setback requirements;
B. Applicability. The regulations in this Section 1340.02 Subd. 38 shall apply to any
antenna or tower except as hereinafter provided in Subd. 38 C.
C. Exemptions.
1. Antennas and towers used by the City for City purposes.
2. Receptive dish antennas under one meter in diameter and individual receptive
antennas, which are no taller than 12 feet above the roofline, regardless of the
zoning district.
3. In all residential districts, no more than two exempted antennas and no more
than one antenna requiring a conditional use permit shall be allowed on any lot or
parcel.
D. Conditional Use Permit.
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1. New Antennas, dish antennas, and towers are allowed only as conditional
accessory uses or structures. They are therefore allowed only on property
containing a principal use or structure to which the antenna, dish antenna, or
tower is accessory or secondary.
2. Towers that were in existence prior to April 8, 2010, are allowed as conditional
uses and may be the primary use on a property. New antennas may be added to
said towers subject to the limitations of the conditional use permit for each tower.
3. Antennas, dish antennas, and towers located on property owned by the City of
Arden Hills shall not require a conditional use permit and shall not be subject to
the height regulations in Subd. 38 E., Height, of this section.
E. Height. The height of an antenna or tower shall be measured from the ground at the
base of the antenna, tower, or other structure that the antenna is attached to, to the
highest point of the antenna or tower. No antenna or tower shall exceed the following
height limitations:
1. A dish antenna shall not exceed 15 feet in height if ground or pole mounted and
shall not extend more than 12 feet above the roof if it is roof mounted.
Regardless of these height limitations, the antenna shall be mounted as close to
the ground or roof as practical.
2. No antenna or tower shall exceed a height of 75 feet.
3. Towers constructed prior to April 8, 2010, which exceed the 75 foot height limit,
shall not be increased in height. New antennas may be placed on said towers
provided the antennas meet the requirements of the conditional use permit for
the tower and do not exceed the height of the tower.
4. No antenna or tower shall exceed a height equal to the distance from the base of
the tower to the nearest overhead electrical power line (except individual service
drops), less five feet.
F. Location.
1. New antennas shall be located on City water tower sites unless the applicant
shows, to the reasonable satisfaction of the City, that none of the City water
towers can be feasibly used from an engineering standpoint.
2. Preferences for Antenna and Support Structure Locations. When selecting sites
for the construction of new Antenna Support Structures and/or for the placement
of new antennas, when not located on a City water tower site, the following
preferences shall be followed in order of listing:
a. On existing towers or existing structures located on a property within any
industrially zoned district, commercially zoned district, or the Civic -Center
District;
b. On new towers located on a property within any industrially zoned district,
commercially zoned district, or the Civic -Center District;
c. Any existing towers or structures located on any residentially zoned property;
or
d. Any new towers or structures located on any residentially zoned property.
G. Co -location Required. If a new antenna support structure is to be constructed, it shall
be designed structurally and electrically to accommodate both the applicant's
antennas and comparable antennas for at least one additional user. Any antenna
support structure must also be designed to allow for future re -arrangement of
antennas upon the tower and to accept antennas mounted at different heights. Other
users shall include, but not be limited to, other cellular communication companies,
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Personal Communication Systems companies, local police, fire and ambulance
companies.
H. Prohibitions. No new support structures shall be approved for construction, unless
the applicant shows, to the reasonable satisfaction of the City, that an existing tower
or structure is not feasibly available for use from an engineering standpoint.
I. Antennas and towers shall be located on sites or buildings in areas that are the least
visually intrusive to nearby properties and public streets.
1. With the exception of antennas placed on towers constructed prior to April 8,
2010, antennas, dish antennas or towers shall not be allowed:
a. Nearer the street than the principal building on the lot.
b. Nearer the side or rear lot lines than the minimum side or rear yard setbacks
for accessory uses as established in Section 1340.03 Subd. 4 of this Code.
c. Nearer to an adjoining property's buildable area than to the principal building
on the site on which the antenna or tower will be placed.
d. Nearer to any property line than the height of the antenna or tower.
J. Screening.
1. Dish Antennas. Screening shall be provided so as to prevent direct view of a dish
antenna from any street or from a public or private property within 600 feet of the
dish, as follows:
a. Ground Mounted Dishes. Screening for ground mounted dishes shall consist
of a fence, wall, earth berm or landscaping, or a combination of these
devices.
b. Roof or Wall Mounted Dishes. Screening for roof- or wall -mounted dishes
shall be in accordance with Section 1350.06 Subd. 2.
K. Antennas. Antennas shall be painted the color of the structure to which they are
attached.
L. Special Requirements for City Water Tower Sites. The placement of licensed
commercial wireless telecommunication services including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging and similar services on water tower sites
maybe allowed only when the following requirements are demonstrated to be met:
1. The applicant's access to the facility will not increase the risks of contamination
to the City's water supply;
2. There is sufficient room on the structure to accommodate the applicant's
equipment and all equipment (antennas, exterior cables, etc) attached to the
structure is painted to match the color of the structure;
3. The presence of the equipment will not increase the water tower or reservoir
maintenance costs to the City;
4. The presence of the equipment will not be harmful to the health of workers
maintaining the water tower or reservoir.
5. Antennas placed on the top of the tower shall not exceed the height of the tallest
existing antenna.
6. There is sufficient room on the site to accommodate all ground equipment and
the following requirements for ground equipment are met:
a. The base transceiver station and all other ground equipment shall be housed
in an existing on -site equipment building whenever possible. If an existing
equipment building is unavailable, a new equipment building may be
constructed. If the equipment is to be housed in a weather-proof cabinet -like
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structure in lieu of a building, it shall be mounted upon a suitable concrete
pad.
b. If there is an equipment building constructed on site, it shall be subject to City
approval.
c. To the extent possible, the equipment building or cabinet shall be located
adjacent to or near existing on -site buildings.
d. The equipment building or cabinet shall be screened from view of adjacent
properties by suitable vegetation, except where non -vegetative screening
(e.g., a decorative wall or fencing) better reflects and complements the
character of the neighborhood.
e. The City shall require a suitable financial surety to ensure future removal of
the equipment building or cabinet upon termination of the lease.
f. All applicants must include a signed report from a State registered engineer
showing compliance with all applicable codes, standards and structural
requirements of how the additional antennas will affect the water tower
structure. A final inspection report from a State registered engineer showing
the work completed is in compliance with previously approved plans shall
also be required.
M. Requirements.
1. A building permit shall be required for all applications.
2. The City shall require the applicant to complete a radio frequency interference
study that is carried out by an independent and qualified professional reasonably
selected by the City that is able to demonstrate that the applicant's use will not
interfere with any existing communications facilities.
Subd.40 Warehousing
A. In the GB District warehousing and wholesaling may not comprise more than 75
percent of the building in which it is located.
1. In the I -Flex District warehousing and wholesaling shall not comprise more than
50 percent of the gross floor area of the building in which it is located and shall
be wholly contained within a building. .
1340.03 Accessory Uses
Subd. 41 Accessory commercial recreation - outdoor.
A. A Zoning Permit shall be required to allow outdoor recreational activities.
B. The Zoning Administrator shall review a site plan and specifics of the proposed
outdoor recreation area and may issue the permit, subject to, but not limited to, the
following requirements:
1. The Subject Property shall not be located immediately adjacent to a residentially
zoned property.
2. All commercial recreation - outdoor related activity must cease by 10 PM on
weekdays and weekends.
3. The location of the outdoor commercial recreation area needs to be contiguous
to the principal building and shall be a contained space with a defined perimeter
of either decorative fencing, retaining walls, and/or plantings.
4. The permitted commercial recreation - outdoor area shall not exceed 1,500
square feet.
Subd. 42 Accessory processing, storage, and assembly
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C. Accessory processing, assembly, repair, and storage of materials shall be permitted
in commercial districts when such uses are directly associated with the principal use,
and when such accessory uses are clearly incidental.
Subd. 43 Accessory retail sales and services.
D. Such use shall not exceed 40 percent of the total floor area of the building.
E. Within the GB District, the additional standards apply:
1. Retail or service businesses offering goods, merchandise, or personal services
for sale primarily to those employed in the GB District will be allowed to occupy
no more than 15 percent of the total floor area of the building in which they are
located.
a. Service stations with retail services and with a car wash shall be exempt from
this restriction.
2. Licensed day care facilities may be allowed either in a building containing other
uses or in a freestanding building. Freestanding day care facilities are not
required to meet minimum floor area or minimum lot area requirements otherwise
required in the GB District.
Subd. 44 Accessory Structures
F. Time of Construction. No accessory structure shall be constructed on any lot prior to
the issuance of a building permit for of the principal structure to which it is accessory.
G. Height.
1. R-1, R-2, and R-3 Districts. Accessory structures in the R-1, R-2, and R-3
Districts shall not exceed 15 feet in height or the height of the principal structure
to which it is accessory, whichever is lower.
2. All Other Districts. Accessory structures in all other Zoning Districts shall not
exceed the height of the principal structure to which it is accessory.
H. Location.
1. Accessory structures in the R-1, R-2, or R-3 Districts shall not be located nearer
the front lot line than the front yard setback line for the principal structure to
which it is accessory. Accessory structures as permitted and regulated in this
Code may be located within the rear yard of the principal structure in any Zoning
District.
2. Detached accessory garages may be located between the dwelling and the of a
lakeshore property provided all of the following are met:
a. Detached garages shall not be located within the minimum front yard
setback.
b. Color and roof material of detached garages shall match or complement the
existing primary residential structure and shall conform to all other
requirements for the zoning district.
I. Size.
1. R-1, R-2, and R-3 Districts.
a. Accessory structures associated with residential uses shall not exceed 800
square feet in floor area. Accessory structures associated with non-residential
uses shall not exceed 2,184 square feet in floor area.
b. The total floor area of accessory structures located in the rear of a principal
structure shall not exceed 25 percent of the minimum required rear yard area
for the principal structure.
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c. No more than two accessory structures shall be permitted on a lot primarily
used for residential uses.
2. All Districts. Accessory structures in all zoning districts shall not cause the
property to exceed any of the regulations of the underlying Zoning District in
Section 1320.
J. Permanent Accessory Structures.
1. Site Plan Review. Permanent accessory structures in any district, except
residential uses in the R-1, R-2, and R-3 Zoning Districts, and on through lots in
the R-1, R-2, and R-3 Zoning District, shall be subject to Site Plan Review.
2. Exterior Finish. The exterior finish of accessory structures shall be compatible in
appearance and material used with the principal structure served by the
accessory structure except as provided for in Subd 4 E.3. of this section below.
3. Membrane Structures. Membrane Structures (as that term is defined in the
International Building Code) may be permitted in the MU, NB, CB, BP, 1-1, and (-
Flex Districts subject to Site Plan Review and City Council approval.
K. Temporary Accessory Structures. A temporary accessory structure, including
membrane structures (as that term is defined in the International Building Code),
may be permitted subject to the following provisions:
1. Temporary accessory structures may be in place for up to six months in the MU,
NB, CB, BP, GB, CC, 1-1, 1-2, and I -Flex Districts with an approved permit from
the Building Official. The Building Official may deny a permit for a temporary
accessory structure or limit the size, time, place, or other feature(s) of the
accessory structure if the Building Official finds that the accessory structure
would create a negative impact on the property on which it is placed or other
properties in the City.
2. Temporary accessory structures are allowed for up to two days in a given 30 day
period without a permit in the R-1, R-2, R-3, R-4, NB, CB, CP, GB, CC, 1-1, and (-
Flex Districts subject to all of the following provisions:
a. The temporary structures shall not be permanently attached to the ground;
b. The temporary structure shall not be attached to other permanent structures.
c. The temporary structure shall only be used for non-commercial purposes.
L. Accessory Structures in Exceptional and Unusual Circumstances in all Zoning
Districts. Deviations from these requirements may be permitted after Planning
Commission review and City Council approval of a site plan in accordance with
Section 137004 Subd. 1 and with documentation showing the unusual circumstances
justifying the proposed deviation and plans for the proposed accessory structure.
1. Under no circumstances shall the total floor area of an accessory structure
associated with a residential use in the R-1, R-2, and R-3 districts exceed 1,458
square feet without an approved variance that meets the requirements of Section
1370.04 Subd. 2.
2. Under no circumstances shall the total floor area of an accessory structure
associated with a non-residential use in the R-1, R-2, and R-3 districts exceed
2,184 square feet without an approved variance that meets the requirements of
Section 1370.04 Subd. 2.
M. Temporary Family Health Care Dwellings. Pursuant to authority granted by Minn.
Stat. §462.3593, subdivision 9, the City opts -out of the requirements of Minn. Stat. §
462.3593, which defines and regulates Temporary Family Health Care Dwellings.
Subd. 45 Antennas, Dish Antennas and Towers
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N. See Section 1340.02 Subd. 38 of this chapter.
Subd. 46 Day care, group family - 14 or less Day Care Facilities for Place of Assembly and
Schools.
O. Day care facilities for over 10 persons shall be considered as accessory uses for
places of assembly and schools within all residential districts if located in the
principal building.
Subd. 47 Dog kennel, residential
P. Must have a dog kennel license.
Subd. 48 Drive -up window.
Q. Location.
1. Proximity to Schools, Places of Assembly, Public Recreational Areas, and
Residential Lots. No drive -up window shall be located on a site that is within 400
feet of a school, a place of assembly, a public recreation area, or any
residentially zoned property.
2. Size of Lot. No drive -up window shall be located on a lot of less than 24,000
square feet.
R. Traffic analysis required. A traffic analysis is required to demonstrate that the drive -
up window will not result in increased traffic volumes unsuitable for the design
capacity of streets surrounding the site.
S. Site Development Standards
1. Parking. 12 stacking spaces for each customer pickup window
2. Landscaping. A lot to be used for drive -up window purposes shall be landscaped
at least to the following depths from each lot line:
a. 20 feet from the front lot line, except for approved access drive.
b. 10 feet from each side lot line.
c. 15 feet from rear lot line.
3. Electronic Devices. Electronic devices such as loudspeakers or devices, and
similar instruments, shall not be located within 50 feet of any adjacent lot
regardless of use or zoning district.
4. Snow Storage. Adequate area shall be designed for snow storage such that clear
visibility shall be afforded from the property to any public street.
5. Screening. A suitable screening fence shall be erected along all property lines
except those which are also public right-of-way lines. Said fence shall be of a
type and design approved by the Council. Planting of a type approved by the
Council may also be required in addition to or in lieu of fencing.
6. Design. The design of all structures shall be compatible with other structures in
the surrounding area.
7. Signs. No permanent or temporary signs visible from a public street shall be
erected without approval from the Council.
8. Traffic Circulation. No site plan shall be approved which will in any way constitute
a hazard to vehicular or pedestrian circulation.
9. Access. Access shall be to public streets from at least two points on the subject
premises. A divided entry with a center island may meet the requirements of this
provision.
T. Drive -up windows in the MU and the BP Districts
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1. The architectural treatment, circulation plan, and signage system of such
businesses shall be designed to visually and functionally integrate the building
and the site on which it is located.
2. The applicant shall submit a circulation plan that demonstrates that the use will
not interfere or reduce the safety of non -motorized movements, specifically
pedestrians and bicyclists.
3. Requested modifications to the provisions in this subsection shall be stated in
writing along with an explanation of why the modifications would be in the public
interest and would be consistent with the purpose of the district.
U. Drive -up Windows in the CB District
1. The operation consists of one or more drive -up windows and is an integral part of
a building containing one or more other allowed uses, or the operation is part of
an architecturally unified complex containing two or more businesses using drive -
up windows
2. Shared access drives and shared parking are utilized by all such businesses
using drive -up windows in said building or complex.
3. Only one building or architecturally unified complex containing two or more
businesses using drive -up windows will be allowed in addition to one
freestanding business using a drive -up window.
4. The architecture and the site, grading, circulation, landscaping, screening and
signage plans shall unify the appearance and function of the complex or building.
5. An architecturally unified complex may consist of one or more buildings on one or
more parcels if the intent of providing a unified appearance and function is not
compromised.
6. The applicant shall submit a circulation plan that demonstrates that the use will
not interfere or reduce the safety of non -motorized movements, specifically
pedestrians and bicyclists.
Subd. 49 Home Occupations.
V. All home occupations shall comply with the following conditions:
1. It shall not result in traffic, parking, noise, light, fumes and odors to such an
extent that it is noticeable that the property is being used for non-residential
purposes.
2. It shall be conducted entirely within the dwelling.
3. There is no exterior evidence of the home occupation.
4. It does not require any special entrance to the dwelling.
W. Class I Accessory Home Occupations. Class I Home Occupations shall comply with
the following additional standards:
1. The business is engaged in only by the occupants of the premises;
2. The business activity does not occupy more than 25 percent of the gross floor
area of the dwelling;
3. There will be no patrons visiting the premises;
4. It requires no delivery of products other than those delivered by private
passenger vehicle.
5. Applicants for Class I Home Occupations shall be required to obtain an
Accessory Home Occupation Permit from the City prior to engaging the activity.
Review by the Planning Commission and City Council is not required. Application
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forms as prescribed by the Administrator shall be accompanied by the following
information:
a. A photograph of the residence;
b. A floor plan indicating the floor area to be used by the home occupation along
with a tabulation of the total floor area and the floor area to be used for the
home occupation;
c. A statement describing the home occupation and the compliance with the
required conditions; and,
d. A copy of the state or county license or permit if such a license or permit is
required by the state or county for the proposed home occupation.
X. Class 11 Conditional Accessory Home Occupations.
1. Home occupations may be allowed by Conditional Use Permit as regulated in
Section 1370.04 Subd 3 if they meet the conditions stipulated above for all Home
Occupations and the following conditions:
a. The primary business activity shall be conducted by an occupant of the
residence;
b. One person not residing in the residence may be employed to assist in the
business activity;
c. It does not occupy more than 33 percent of the floor area of the dwelling;
d. It has a limited number of patrons visiting the premises;
e. Off-street parking for no more than two additional vehicles other than those
required by the occupants shall be permitted. On -street parking shall not be
used to satisfy required parking; and,
f. It requires delivery of products to the premises no more than once per day.
g. Applicants for Class II Conditional Accessory Home Occupations shall follow
the procedures for a Conditional Use Permit I. The application shall be
accompanied by the information required for Class I Home Occupations in
Section 1340.03 Subd. 9 B. above and a site plan showing any additional
parking or other modifications to the site required to accommodate the home
occupation.
h. A copy of the state or county license or permit if such a license or permit is
required by the state or county for the proposed home occupation.
2. .
3. In reviewing applications for Class II Conditional Accessory Use Permits for
Home Occupations the City shall consider criteria which affect the
appropriateness of a particular use in the location proposed, as discussed in
Section 1370.04 Subd 3 and Appendix A, Procedural Manual.
Subd. 50 Keeping of animals
Y. Keeping of Chickens.
1. A coop, separate from other structures, is required to house the chickens. Coops
must be constructed and maintained to meet the following minimum
requirements:
a. A coop with a minimum of 20 square feet and no larger than 36 square feet is
permitted as an accessory structure subject to Section 1340.03. Subd. 4 D.1.
for Size.
b. Exemption to Ordinance . A residential property with a detached garage and
an accessory structure/shed will be allowed a third accessory structure for
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keeping chickens. The combined square footage of all three detached
structures may not exceed 728 square feet.
c. Located in the rear yard. Chicken Coop, pen, and optional exercise yard are
not permitted in the front or side yard.
d. Setbacks are subject to applicable accessory structure setbacks of the
underlying zoning district. In no instance shall the coop be located in front of
the rear building line of the principal structure.
e. The outer limit of coop including pen shall be located closer to the principal
dwelling upon the property that is issued a license than any other residential
dwelling on an abutting property and shall in no instance be located less than
10 feet from the property line and no closer than 25 feet to any public trail or
walkway.
f. Climate control. Adequate ventilation and/or insulation to maintain the coop
temperature. Prior to issuance of a new license, the prospective license
holder must provide a plan for maintaining an adequate temperature in the
coop for safety of the fowl or poultry. The plan must address both extreme
winter and summer temperature conditions.
g. Rodent proof. Coop construction, all grain and food, and materials must be
adequate to prevent access by rodents.
h. Coops shall be constructed and maintained in a workmanlike manner.
i. Chickens must not be housed in a residential house or an attached or
detached garage.
2. A pen is required. The pen must be constructed and maintained to meet the
following minimum standard:
a. The pen shall be located adjacent to the coop and fenced with adequate
coverage to keep hens in and predators out.
b. Minimum size per bird shall be 10 square feet of floor space.
3. An exercise yard is optional. This area must be located adjacent to the chicken
coop and pen, and chickens must be supervised by the licensee while in an
exercise yard.
4. The licensee shall be responsible for cleaning up the chicken keeping areas and
disposing of waste in a sanitary manner. Chicken feces must not be composted
on site.
5. Hens, coop, pen, and optional exercise yard shall not be kept in such a manner
as to constitute a nuisance to the occupants of adjacent property.
6. Any violation of the above conditions, (i.e. roaming chickens outside of proper
enclosure, uncontrolled odor), if not remedied within 10 days, may result in
revocation of the homeowner's license.
7. If the license holder does not renew the chicken license, and the coop was
licensed as an allowed third accessory structure for chickens, the coop/third
structure cannot be repurposed for a storage structure, and the homeowner shall
have 60 days to remove any_coop, pen, and exercise yard associated with the
keeping of chickens in its entirety. If the homeowner/license holder fails to
perform the above, the City may enter upon the subject property, remove the
coop, pen, and exercise yard from the homeowner's property, and charge the
amount back to the homeowner as an assessment on the property tax roll. If the
coop was licensed as an allowed second accessory structure, and the property
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complies with the accessory structure requirements, the structure may be
repurposed for a storage structure.
Z. Keeping of Bees.
1. The number of hives on residential lots is not to exceed:
a. One acre or larger: 8
b. One acre to 3/4 acre: 6
c. 3/4 acre to 1 /2 acre: 4
d. 1/2 acre or less: 2
2. The bee hive(s) may not be located in the front yard or a side yard abutting a
street.
3. Bee hive(s) may be no closer than 25 feet to an occupied building on another lot
and/or any public trail or walkway.
4. The hives shall be located at least 10 feet from side and rear property lines.
5. Any property owner who keeps bees shall provide and maintain a nearby,
designated water source.
6. Prior to installation of the bee hive(s), the property owner shall provide written
notice to the neighbors immediately adjacent of their intent to keep bees.
AA. Number of Animals Allowed. Up to four domestic animals, excluding birds and fish,
are permitted in any dwelling unit, but without a residential dog kennel license not
more than two may be dogs. Up to three dogs are allowed with a residential dog
kennel license. Dog enclosures may be located only in a rear yard in all zoning
districts.
Subd. 51 Lower -Potency Hemp Edible Sales.
BB.Lower-Potency Hemp Edible Sales shall be a Conditional Accessory use only
permitted where the principal use is Retail Sales & Service, Restaurant, or Service
Station, the business has a liquor or tobacco license issued by the City, and when
such accessory use is clearly incidental to the principal use..
CC. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall
follow the conditional use permit procedures in Section 1370.04 Subd. 3. The City
shall review a site plan and specifics of the proposed lower -potency hemp edibles
business.
Subd. 52 Outdoor Display and Sales.
DD. Outdoor display and sales shall only be permitted as an accessory use on a
property where the principal use is either Retail Sales and Services or Service
Station.
EE.Outdoor display and sales shall only be permitted in the following Zoning Districts:
MU, CB, CP, NB, and GB.
FF. An Administrative Permit shall be required from the Zoning Administrator to allow
outdoor display and sales of goods. The Zoning Administrator shall review a site plan
and specifics of the proposed outdoor display and sales area and may issue the
permit, subject to, but not limited to, the following requirements:
1. The total display and sales area shall be determined based on the following
formula:
a. For properties with a principal building of 15,000 square feet or less in size,
the permitted display and sales area shall be a maximum of 300 square feet.
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b. For properties with a principal building greater than 15,000 square feet in
size, the permitted display and sales area shall be two percent of the base
area of the principal building, but not to exceed 1,000 square feet.
2. Merchandise shall be stacked and/or arranged neatly on a hard surface and may
be up to six feet in height.
3. The display and sales area shall be located adjacent to the principal building and
on the side of the principal building with the main entrance. No merchandise shall
be permitted to be displayed on Service Station islands.
4. The display and sales area shall not obstruct pedestrian access on the site,
whether from parking areas to the building entrance or from the public street to
the building entrance.
5. The display and sales area shall not occupy or obstruct on -site parking spaces.
6. The type of merchandise displayed shall be limited to items which require an
outdoor location, such as plants or fuel, and any items which because of large
volume or weight are housed outdoors, such as vending machines, salt, or
landscaping materials.
7. Outdoor display and sales areas shall be screened when located within 200 feet
of a residentially zoned property.
Subd. 53 Outdoor Storage
GG. Outdoor storage in all districts shall adhere to the following standards:
1. The storage area shall not take up or interfere with access to any required
parking, loading, maneuvering, or pedestrian area.
2. The storage area shall be maintained in a neat and orderly fashion.
3. The outdoor storage area shall be clearly identified on the approved site plan for
the project, may only be located in either a side or rear yard, and shall not
encroach into any required setback.
4. The square footage of the outdoor storage area (except those areas used for
vehicle storage and not considered a required parking area) shall be included in
calculation of required off street parking for the use.
5. The perimeter measurement of the outdoor storage area shall be included in the
calculation of required foundation plantings.
6. Outdoor storage of wood piles is allowed as follows:
a. Firewood shall not be stored in the front yard or nearer the front lot line than
the principal building or less than five feet from a lot line.
b. Firewood shall be stacked on an impervious surface or be elevated at least
four inches off the ground.
c. Stacks shall not exceed six feet in height.
7. Storage of junked motor vehicles:
a. Outdoor storage of any junked motor vehicle is prohibited on any public or
private property with the exception of property lawfully zoned and operated as
a recycling operation.
b. It is unlawful for any person to park, store or leave any junked motor vehicle,
whether attended or not, upon any public or private property within the city, or
for any person, as an owner of or an occupant having control of private
property within the city to permit the parking, storing or leaving of any junked
vehicle upon such private property unless such junked motor vehicle is within
an enclosed building or structure.
Page 29 of 36
HH. In addition to the standards listed in Subd. 13 A above, outdoor storage in the 1-1
and I -FLEX Districts shall adhere to the following standards:
1. The outdoor storage area is limited to an area equal to 25% of the gross area of
the site.
2. The outdoor storage area shall be surfaced with paving, porous paving, gravel,
vegetation, a combination thereof, or an approved equivalent to control dust and
comply with Section 1350.02 Subd. 1 C.
3. Outdoor storage uses are exempt from the site and building standards outlined in
Section 1350.07 Architectural and Site Design Standards of this chapter.
4. The outdoor storage area shall be designed to limit its effects on adjacent
properties and public right(s)- of -way.
5. No public address system shall be audible from a noncommercial or nonindustrial
use or district. This subsection shall not be read to prohibit or proscribe safety
alarms or sirens.
6. All outdoor storage areas shall be set back and screened by buildings,
structures, landscaping and berming, natural topography, screening wall, or a
combination thereof. In no case shall any outdoor storage area be located within
75 feet of any public right-of-way or property line.
7. Screening for the outdoor storage area shall be established equal to the height of
the items being screened, but not more than 35 feet.
8. Outdoor storage areas located between 75 feet and 300 feet from a public right-
of-way or property line:
a. Shall be screened from eye level view from the public right of way by a 100%
opacity screen.
b. Screening walls shall be made of masonry material and shall include a
change in architecture every 100 linear feet to reduce its mass and
appearance.
9. Outdoor storage areas located between 300 and 1,000 feet from a public right-of-
way or property line:
a. Shall be screened from the eye level view from the public right of way by a
75% opacity screen.
b. Screening walls shall be made of masonry material and shall include a
change in architecture every 300 linear feet to reduce its mass and
appearance.
10. If an outdoor storage area is located more than 1,000 feet from a public right of
way or property line, no screening shall be required.
Subd. 54 Recreational vehicles, utility trailer, riding lawn mower, and watercraft outdoor
storage
11. The unregulated outside parking and outside storage of recreational vehicles, utility
trailers, riding lawn mowers, and watercraft within a residential use district is found to
create a nuisance, hazard and detrimental influence upon the public health, safety
and general welfare of the community by obstructing the view on streets and on
private property, bringing noise and odors into residential areas, creating cluttered
and otherwise unsightly areas, preventing the full use of residential streets for
residential parking, reducing the useable open space of streets and private property
and otherwise adversely affecting residential property values and neighborhood
maintenance and improvement.
Page 30 of 36
JJ. General regulations for recreational vehicles (RVs), utility trailers, riding lawn
mowers, and watercraft in all districts.
1. Storage in an enclosed structure. RVs, utility trailers, riding lawn mowers, and
watercraft of any height or length may be kept within an enclosed structure
provided the structure conforms to the underlying zoning requirements of the
district.
2. Attachment to ground not permitted. RVs, utility trailers, riding lawn mowers, and
watercraft shall not be permanently affixed to the ground in a manner that would
prevent removal. RVs and watercraft not permitted to be operated on public
streets shall be placed on or in a trailer or motor vehicle.
3. Use. RVs, utility trailers, and watercraft shall not be used for temporary or
permanent living, sleeping or housekeeping purposes. RVs and watercraft shall
not be connected to sewer, water, or other utilities, unless otherwise permitted in
Subd. 14 D.2. of this section.
4. Condition while stored. RVs, utility trailers, riding lawn mowers, and watercraft
shall be stored or parked in a secure, safe, orderly, and well -maintained condition
that does not inhibit emergency vehicle access to any property. All RVs, utility
trailers, riding lawn mowers, and watercraft shall be currently licensed, if
applicable, and be operable at all times.
5. Ownership. RVs, utility trailers, riding lawn mowers, and watercraft shall be
owned by the owner or occupant of the property on which they are stored.
6. RVs, utility trailers, riding lawn mowers, and watercraft shall not be permitted on
a vacant lot.
KK. Permitted RV, utility trailer, riding lawn mower, and watercraft storage. Storing RVs,
utility trailers, riding lawn mowers, and watercraft outdoors is permitted in all
residential districts provided that all of the following provisions are met:
1. No more than three RVs, utility trailers, riding lawn mowers, or watercraft are
permitted. Not more than one of the three may be a motor home, travel trailer,
camper, or other similar type of RV. RVs and watercraft on a trailer shall be
considered as one.
2. RVs, utility trailers, riding lawn mowers, and watercraft shall not be greater than
28 feet in length or 12 feet in height.
3. One motor home, travel trailer, camper, or other similar type of RV that is greater
than 28 feet, but not larger than 34 feet, in length is permitted in the rear yard
provided that all of the following criteria are met:
a. The RV meets the requirements of Subd. 14 C. 4, 5, and 6 of this section
below.
b. The rear yard is fully enclosed by a six foot privacy fence or the view to the
rear yard is substantially screened from adjacent properties as determined by
the Zoning Administrator; which may include fencing, vegetation, or both.
4. RVs, utility trailers, riding lawn mowers, and watercraft shall be stored at least 10
feet from any property line in the location with the least visibility from streets and
neighboring property, as determined by the Zoning Administrator.
5. RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored closer
to the street than the principal structure or attached garage on the lot where they
are stored.
Page 31 of 36
6. RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored closer
to the principal building of an adjoining lot than to the principal building on the lot
where they are stored.
7. RVs, utility trailers, riding lawn mowers, and watercraft located in the side yard
and visible from the public right-of-way shall be screened with a six foot privacy
fence or landscaping of similar opacity as determined by the Zoning
Administrator, unless they are kept on an improved hard surface.
8. Alternative locations for storing a RV, utility trailer, riding lawn mower, or
watercraft may be determined by the Zoning Administrator with an administrative
permit for one RV, utility trailer, or watercraft, when topographic conditions or lot
configuration do not allow for the normal location regulations to be met and all of
the following criteria are met:
a. It is at least three feet from the side or rear property line;
b. It shall not be stored forward of the principal structure, except as otherwise
provided for Subd. 14 D. of this section below.
Outdoor Storage
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LL. Short-term RV, utility trailer, riding lawn mower, and watercraft parking in residential
districts.
1. Short-term parking without permit. Licensed and operable RVs, utility trailers,
riding lawn mowers, and watercraft of any length or height may be parked in
driveways for the sole expressed purpose of loading, unloading, and cleaning for
a period not to exceed 72 hours, provided that they are not within five feet of the
curb or, if there is no curb, the edge of the road driving surface, and do not
encroach upon a pedestrian walkway.
Page 32 of 36
2. Short-term parking with permit. Administrative permits for a period of up to seven
days, renewable once during a 12 month period, may be obtained from the
Zoning Administrator that would permit a licensed and operable RV, utility trailer,
riding lawn mower, or watercraft to park in the driveway, provided it is not within
five feet of the curb or, if there is no curb, the edge of the road driving surface,
and does not encroach upon a pedestrian walkway. This permit would allow a
motor home or other similar vehicle to be connected to water and electricity.
MM. Riparian residential lots.
1. In addition to RV, utility trailer, riding lawn mower, and watercraft storage
permitted by Subd. 14 C. of this section, the owner or occupant of a riparian lot is
permitted to store two additional watercraft.
2. RVs, riding lawn mowers, and utility trailers shall not be stored within 50 feet of
the shoreline.
3. Watercraft shall not be stored within 10 feet of the shoreline.
Riperian Lot Outdoor Storage
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Subd. 55 Solar Energy Systems
NN. Solar energy systems are an accessory use in tall Zoning Districts subject to the
following requirements:
1. Height. Solar energy systems must meet the following height requirements:
a. Roof- mounted solar energy systems shall not exceed the maximum allowed
building height in any zoning district.
Page 33 of 36
b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in
height or the height of the principal structure to which it is accessory,
whichever is lower, when oriented at maximum tilt.
2. Setback. Solar energy systems must meet the accessory structure setback for
the zoning district in which the system is located.
a. Roof -mounted systems: Consistent with the required building setback, the
collector surface and mounting devices for roof -mounted solar systems shall
not extend beyond the exterior perimeter of the building on which the system
is mounted or built. Exterior piping for solar hot water systems shall be
allowed to extend beyond the perimeter of the building on a side yard
exposure.
b. Ground- or pole -mounted solar energy systems are permitted in rear and side
yards and may not extend into the required rear or side yard accessory
structure setback when oriented at minimum design tilt.
3. Visibility.
a. Solar energy systems with mounting devices.
i. Roof -mounted systems on pitched roofs shall not have a highest finished
pitch steeper than the roof pitch on which the system is mounted and
shall be no higher than 12 inches above the roof.
ii. Roof -mounted systems on flat roofs shall be no higher than five feet
above the finished roof.
b. Solar energy systems using a reflector to enhance solar production shall be
prohibited.
4. Coverage. Solar energy systems are subject to lot coverage and impervious
surface requirements of the underlying zoning district.
a. Roof -mounted solar energy systems shall be subject to the Building Code to
ensure the system meets the wind load standards for the roof and to ensure
ready roof access in the event of a fire or other safety occurrence whereby
roof access is needed.
b. The surface area of ground- or pole- mounted systems shall be factored as
part of the maximum lot coverage by structure and shall not exceed the
regulations of the underlying zoning district.
c. The surface area of ground- or pole- mounted systems shall be treated as
impervious coverage as regulated for each zoning district. If the soil under the
panel array(s) contains vegetative ground cover, the Zoning Administrator
may consider allowing additional impervious coverage. Allowed impervious
coverage may be increased by up to ten percent above maximum lot
coverage for the zoning district provided 100 percent of the excess is
accounted for by an approved ground- or pole -mounted solar energy system.
d. Ground- or pole -mounted systems shall be counted as an accessory
structure.
5. Plan Approvals. All solar energy systems require the issuance of a building
permit.
a. Applications that meet the requirements of this policy shall be granted zoning
approval by the Zoning Administrator. Plan approval by the Zoning
Department does not indicate compliance with Building Code or Electric
Code.
Page 34 of 36
b. A building permit application for a solar energy system shall be accompanied
by scaled horizontal and vertical elevation drawings. The drawings must
show the location of the system on the building, or on the property for a
ground- or pole -mounted system, including the property lines.
i. For all roof -mounted systems other than a flat roof the elevation drawings
shall show the highest finished slope of the solar collector and the slope
of the finished roof surface on which it is mounted.
ii. For flat -roof applications a drawing shall be submitted showing the
distance to the roof edge and any parapets on the building and shall
identify the height of the building on the street frontage side, the shortest
distance of the system from the street frontage edge of the building, and
the highest finished height of the solar collector above the finished
surface of the roof.
c. All solar energy systems shall meet approval of local building code officials,
consistent with the State of Minnesota Building Code, and solar thermal
systems shall comply with HVAC-related requirements of the Energy Code.
d. All solar energy systems shall comply with the Minnesota State Electric Code.
00. In the MU, VB, CB, BP, GB, 1-1, I -FLEX, CC, INST, and POS Zoning Districts,
only accessory roof -mounted solar energy systems shall be permitted. Solar energy
systems shall meet the requirements for roof -mounted solar systems in Section
1340.03 Subd. 15.
Subd. 56 Swimming Pools
PP.See Section 910 of the Arden Hills Code of Ordinances
Subd. 57 Wireless Telecommunications Facilities, Towers, and Antennas
QQ. See standards in the Principal Uses section.
RR. In the CC District, only antennas that are flush, parallel, unobtrusive, and painted
the same color as the building will be allowed.
1340.04 Temporary Uses and Structures
Subd. 58 Temporary Buildings
A. Dwellings. No garage, tent, trailer, vehicle or accessory building shall at any time be
used as a dwelling except mobile homes located in an approved mobile home park,
and except for structures receiving a temporary permit from the Council. The Council
may, in its discretion, grant a temporary permit for the use of the foregoing structures
as dwellings for a period not to exceed 90 days when an emergency or hardship
situation exists.
B. In addition to the foregoing, the Council, may if in its discretion it determines an
emergency or hardship situation exists, grant a temporary permit for the use of a
basement under a finished single family residence where the basement is made
suitable and safe for said residential purpose and occupancy is approved by the
Building Inspector.
C. Public, Semi -Public and Business Buildings. No portable structures, manufactured
housing units, mobile homes, air -supported structures, tents or trailers shall be used
as classrooms, offices or any other type of public, semi-public or business use
unless such structures are accessory to permanent principal buildings on the site
and unless a temporary permit is reviewed by the Planning Commission and
approved by the Council. Mobile public libraries, blood mobiles, traveling exhibits,
and on -site construction offices are exempt from this provision, however,
Page 35 of 36
construction offices shall receive a temporary structure permit in conjunction with the
building permit for the principal building requiring the construction office. The City
Council may determine that a time limitation for a permit for such a temporary
building is necessary to assure that the applicant pursues a permanent solution to
the situation that required a temporary building.
Page 36 of 36
Attachment G
Chapter 13 Zoning
1350. Development Standards
1350.01 Introductory Design Standards.
Subd.1 Purpose.
A. The standards established in this chapter are designed to encourage a high standard of
development by providing assurances that neighboring land uses and neighboring properties will be
compatible.
B. The standards shall apply to any improvements on existing developments or future development.
C. Before any applications for development or construction are approved, it shall be determined that
the proposal will be in conformance with these standards unless a deviation has been requested
and granted. It shall be the responsibility of the applicant to demonstrate such conformance.
1350.02 Performance Standards
Subd. 1 In all districts, it shall be the responsibility of the property owner to ensure that:
A. Health and Safety. All buildings and structures, including fences and required landscaping, shall be
maintained in an orderly manner and shall not present harmful health or safety conditions.
B. Electrical and Radiation Emissions. No activities shall be permitted that emit dangerous radioactivity
beyond an enclosed area. There shall be no electrical disturbance adversely affecting the operation
at any point of any equipment other than that of the creator of such disturbances.
C. Environmental Pollution. Emission or creation of noise, odors, vibrations, glare, dust, smoke, heat
and toxic or noxious fumes shall conform to such standards as are amended from time to time
established by the Minnesota Pollution Control Agency. None of these adverse influences shall be
permitted at a level that is objectionable to surrounding properties.
D. Junk and Refuse. Any scrap, waste, reclaimable material, or debris, whether or not stored or used
in conjunction with dismantling, processing, salvaging, baling, disposal, or other use or disposition,
is considered junk and shall be disposed of. The piling of junk in yards in all districts shall be
considered to be a nonconforming use and shall be removed within a period of three months after
the effective date of this chapter.
E. Bulk Storage (Liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer,
chemical, flammable, and similar liquids, shall meet all requirements identified by the City Building
Official and Fire Marshal.
F. Hazardous materials. All hazardous materials used or stored on a site are subject to the regulation
of the State Fire and Building Code and the Minnesota Pollution Control Agency (MPCA).
G. Water Pollution. The discharge of raw sewage, industrial waste or other pollutants into the
waterways or lakes of the City shall be subject to the regulations within the City Code.
1350.03 Parking, Loading, and Circulation
Subd. 1 General Off -Street Parking Requirements.
A. The regulations set forth herein shall apply to all off-street parking and loading facilities in all zoning
districts of the City, unless specified otherwise.
B. All parking and loading facilities or spaces, including the driveways providing access to them, shall
not be used for exterior storage or for sale or rental of goods, except as specifically permitted.
C. As regulated in Section 1370.04, a Site Plan Review shall be required for any increase or change to
off-street parking for any multi -unit residential or non-residential use as applicable:
1. Parking lots with four or more parking spaces;
2. Any loading facility;
3. Curb cuts or driveway accesses; and
4. Proposed parking alternatives.
Page 1 of 26
D. Change of Use. Any change in a nonresidential use or site which necessitates or results in a
change to off-street parking shall be required to apply for Site Plan Review as regulated in Section
1370.04.
E. Traffic and Circulation.
1. All nonresidential uses and their accessory uses or structures shall be accessible from nearby
public streets.
2. Vehicular traffic generated by a nonresidential use shall be channeled and controlled in a
manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic
through residential areas, particularly truck traffic.
3. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be
determined by the City which may require such additional measures for traffic control as
deemed necessary, including, but not limited to the following:
a. Directional signalization, channelization, standby turn lanes, illumination, snow storage area
and distribution facilities within the commercial site to prevent backup of vehicles on public
streets.
b. Internal site traffic shall be designed to separate perimeter traffic and parking areas.
c. Parking spaces shall be oriented so as to accommodate pedestrian traffic in a safe manner
such as, but not limited to, orienting parking aisles toward the principal building entrances.
4. Traffic Study May Be Required. As determined by the Zoning Administrator, any site
development that proposes to increase the peak hour traffic on streets or highways near the
development may be required to submit a Traffic Study prepared by a qualified traffic engineer.
This study shall define the impact of the development on the street and highway system and
shows techniques to mitigate potential problems. See City Code, Chapter 8, for additional traffic
and vehicle regulations.
F. Exterior Parking and Storage of Vehicles
1. Exterior storage or parked vehicles, that are unlicensed or in an inoperable condition shall not
be parked outdoors in the City for a period exceeding seven days.
2. Residential districts shall meet all applicable regulations in this subdivision and Section 1310.07.
3. Nonresidential districts.
a. Parking and storage of vehicles shall be considered outdoor storage and shall meet all
applicable regulations in this subdivision and Section 1340.
Subd. 2 Minimum Off -Street Parking Requirements
A. Calculation of the minimum number of off-street parking spaces required shall be in accordance
with the following:
1. Sufficient parking shall be provided to accommodate the reasonable hourly peak on a given site.
2. The term "floor area" for the purpose of calculating the number of off-street parking spaces
required shall be determined on the basis of the exterior floor dimensions of the building,
structure, or use times the number of floors, minus 10%. Unless the applicant can demonstrate
that a particular floor area in the building is not intended to be used or occupied by humans.
3. When calculating the number of off-street parking spaces results in a fraction, each fraction of
one-half or more shall require another space.
4. The boulevard portion of the public right of way shall not be used for parking nor parking
calculation.
5. Loading areas and maneuvering space shall not be used to satisfy the parking requirements.
6. In cases where parking requirements are based on capacity of persons, capacity shall be based
on the maximum number of persons that may occupy a place, as determined by the State
Building Code. Maximum capacity shall be posted within the establishment. Both indoor and
outdoor seating is included in maximum capacity.
7. Except where alternative parking has been approved, if a structure or site contains two or more
uses, each use shall be calculated separately in determining the total off-street parking spaces
required.
Page 2 of 26
8. Shared parking for non-residential, multi -tenant properties is encouraged to reduce land
devoted to parking. Hourly variations among different types of land use may be considered
when estimating minimum parking spaces.
9. The applicant shall provide data and documentation as determined by the Zoning Administrator
(i.e. building square feet, number of employees, occupancy limits etc...) demonstrating
compliance with the minimum parking requirements for principal uses or traffic generating
accessory uses in Table 1350.1.
B. Off Street Parking Spaces Required:
Table 1350.1
Use
Required No. of Spaces
Automotive Service Station
3 for each enclosed bay plus 1 for each
employee on peak work shift
Business & Professional Office
1 for each 250 sq. ft. of gross floor area
Clinic, Medical Office
3 for each 250 sq. ft. of gross floor area
Daycare Facility
1 for each teacher or employee plus 1 for each 5
individuals receiving care (building occupancy)
Drive-thru
12 stacking spaces for each customer pickup
window plus 1 for each 2 seats
Dwelling, single -unit and two -unit
2 for each dwelling unit
Dwelling, multi -unit
1 per efficiency and one bedroom dwelling units;
2 for each 2+ bedroom dwelling units
1 space for each guest unit. Additional facilities;
(i.e. restaurant or assembly space etc.) shall be
calculated per this table according to the use
Hotels/ Motels
and added to the total. Sufficient parking shall
also be provided to accommodate all employees
on -site, subject to review and approval by the
Zoning Administrator.
Multi -tenant Buildings
Sum of the spaces required for each separate
use
1 for each employee on major shift plus 1 for
Other Business and Industry
each vehicle used in conducting the business or
1 for each 1,000 sq. ft. of floor area, whichever
is reater
Place of Assembly (Religious Venues, Theaters,
1 for every 4 people based on maximum
Auditoriums, Mortuaries, and Other Places of
building occupancy, plus any additional spaces
Assembly)
required for additional uses
1 for each 2 persons based on maximum
Recreation, Indoor Commercial
building capacity
Recreation, Outdoor Commercial
20 spaces per field or sports court plus 1 space
per 3 fixed seats for spectator area
1 for every 4 residents plus 1 for each employee
Residential Facility
on major shift plus 1 for each on -call medical
professional
Page 3 of 26
Use
Required No. of Spaces
Restaurants
1 for every 4 people based on maximum
building occupancy
Retail Sales and Service (large)
1 for each 500 sq. ft. of gross floor space
Retail Sales and Service small
1 for each 250 sq. ft. of gross floor space
School, Elementary or Middle
1 for each staff member plus 3 per classroom
School, Secondary
1 for each school employee plus one space per
4 students
1 space for each employee and 2 spaces for
every 3 full-time students not on campus or 2
School, Specialized Education
spaces for every 3 part-time students, whichever
is greater, plus any additional spaces required
for other uses
Uses Not Specifically Noted Including Public
As determined by the Zoning Administrator.
Uses
C. The minimum number of off-street parking spaces shall be provided and maintained by ownership,
easement, and/or lease for and during the life of the respective uses identified in Table 1350.1.
D. Maximum parking. No more than 50% over the minimum required number of off-street parking
spaces shall be provided on a site. If more parking spaces are desired over the maximum, a
conditional use permit shall be required.
E. Parking Capacity to be Maintained.
1. Surfacing and striping of parking lots shall be maintained in a manner that will assure that the
minimum off-street parking capacity is met.
2. Snow storage areas shall be provided so that the number of parking spaces is not reduced
below the minimum required. The City may require that snow be hauled off the site if parking
and circulation problems related to inadequate snow -removal occur.
Subd. 3 Parking Alternatives. For circumstances where minimum off-street parking requirements cannot
be demonstrated on site, or there is a need for a use to accommodate overflow parking, the following
parking alternatives may be allowed if approved through the site plan approval process:
A. If required off-street parking is proposed to be located through parking alternatives from which a
principal building(s) or use(s) are located, the City may require a properly drawn legal instrument to
be executed by the parties involved and filed with the City and County. Such mutual parking
agreement shall not be terminated without the approval of the City Council.
B. Proof of Parking. In cases where planned future development of uses or structures on a property
may generate additional parking demand, the City may require a proof of parking plan for the site,
showing how the anticipated parking demand meets the minimum parking requirements. The City
may permit the additional land area that would be required for anticipated parking to be placed in
reserve as landscaped open space until needed.
C. Parking Reduction.
1. For properties that can demonstrate that a lesser number of spaces is necessary than the
minimum number of spaces required for a use, then the minimum parking requirements may be
reduced. Considerations for approval shall include:
a. Size of building;
b. Type and use;
c. Number of employees;
d. Projected volume and turnover of customer traffic;
e. Projected frequency and volume of delivery or service vehicles; and
f. Number of company -owned vehicles.
Page 4 of 26
2. In no case shall the amount of parking provided be less than one-half the amount of parking
required under this section;
3. The site shall retain sufficient area under the same ownership to accommodate the expansion of
the parking facilities for the use to meet the minimum requirements if parking demand exceeds
on site supply.
4. The applicant and City shall enter into an agreement, to be recorded against the subject
property, which includes a clause requiring the owner to install the additional parking spaces
upon a finding by the City Council that the additional parking spaces are necessary to
accommodate the use.
5. A change of use will necessitate compliance with the applicable parking standard identified in
this section.
D. Joint Facilities. The required off-street parking spaces for two or more uses may be located jointly
on an adjoining lot or within the same parking structure if all the following standards are met:
1. The property to contain the joint facilities is under the same ownership as one of the uses.
2. The number of spaces provided is equal to or greater than the sum of the separate minimum
requirements for each use;
3. The joint facility is reasonably located to the destination of the user;
4. It can be demonstrated that there will be no substantial conflict in the operating hours of the
uses to be served;
5. Setbacks for such joint parking facilities meet the minimum parking setback requirement from all
lot lines other than the common lot lines between the lots involved in the joint parking where
setback requirements may be waived; and
6. A properly drawn legal instrument, such as an access easement, shall be executed by the
parties involved and recorded with the City and County. Such mutual parking agreement shall
not be terminated without the approval of the City Council.
E. Off -lot Parking.
1. Any off -lot parking which is used to meet minimum parking requirements may be allowed by an
approved conditional use permit or by interim use permit. In either case, the following conditions
must be met:
a. The site used for meeting the minimum off-street parking requirements shall be under the
same ownership as the principal use being served or under public ownership.
b. Off -lot parking shall be developed and maintained in compliance with all requirements and
standards of this subsection.
c. Reasonable access from off -lot parking facilities to the use being served shall be provided.
d. Off -lot parking for multiple -unit dwellings shall be within 200 feet of the main entrance.
e. For non-residential uses, off -lot parking spaces should be within 800 feet of the main
entrance to the principal building served.
f. Any use that depends upon off -lot parking to meet the minimum off-street parking
requirements shall maintain ownership and parking utilization of the off -site location until a
time as on -site parking is provided or an alternate off-street parking area, in closer proximity
to the principal use being served, is acquired and developed.
g. Leased off-street parking may be approved subject to the following additional conditions:
i. The lease shall specify the total number and location of parking spaces under contract
and this number, when combined with any on -site parking provided, must equal or
exceed the total number of spaces required under this subsection.
ii. The lease instrument shall legally bind all parties to the lease and provide for
amendment or cancellation only upon written approval of the City.
iii. The lease agreement shall incorporate any other provisions, as recommended by the
City Attorney, that are deemed necessary to ensure compliance with the intent of this
section.
Page 5 of 26
Subd. 4 Off- Street Parking Area Design Requirements.
A. Scope. These design requirements shall apply to parking lots with four spaces or more.
B. Location. All off-street parking spaces herein required shall be located according to the following,
any use -specific provisions are addressed in Section 1340:
1. Required off-street parking and loading facilities shall be located on the same lot under the
same ownership as the principal use being served, except as provided under the provisions of
parking alternatives in Subd. 3 of this section.
2. For single -unit detached and two -unit dwellings, vehicle parking shall be on designated
driveways leading directly into a garage or on a hard surface located on the side of a driveway.
3. For multi -unit dwellings and townhome uses, off-street parking may be furnished by providing a
space so designed on -site, within the principal building or in detached accessory structures. It
shall be prohibited to convert a parking structure into a dwelling unit or living area.
4. For non-residential uses:
a. No off-street parking space, with the exception of the driveways, shall be within 20 feet of
the right-of-way line of any public street, except in the Gateway Business (GB) District where
the setback shall be 50 feet.
b. In no case shall off-street parking areas that contain four or more parking spaces be closer
than five feet from any side or rear lot lines. Except in the GB District where no such parking
area shall be closer than 20 feet to any exterior property lot lines other than for joint facilities
as permitted herein, or as otherwise permitted in this Code.
C. Access. All driveway accesses shall meet the following requirements:
1. All off-street parking areas and each property abutting one or more public streets shall have at
minimum one curb cut or driveway access directly to a public street or alley.
2. Single -unit uses shall be limited to one access per property. Curb cuts for uses other than
single -unit dwellings shall require approval from the Council. The number of curb cuts along
arterial and collector roads shall be held to a minimum whenever possible.
3. Any residential lot, which has frontage on both a local street and a collector street or a major or
minor arterial (as defined by the Comprehensive Plan of Arden Hills) shall gain access only from
the local street.
D. Parking Space Area and Dimensions. (Figure 1350.1)
1. A parking space shall be not less than 300 square feet per vehicle for standing and
maneuvering area.
2. Each individual spaces shall be at least nine feet in width and 18 feet in length.
3. All parking lots four spaces or more should have a planting island or median in accordance to
subsection 1350.04 Subd. 3 (B).
Figure 1350.1 Parking Space Area and Dimensions
Page 6 of 26
E. Surfacing. Off-street parking areas and driveways shall be improved with a paved hard surface.
Such areas shall be so graded and drained so as to dispose of all surface water accumulation
within the area as required by the City and the Rice Creek Watershed District.
F. Marking of parking spaces. All parking areas containing four or more spaces shall have the parking
spaces and aisles clearly marked on the pavement using paint or other approved marking devices
approved by the Zoning Administrator. The markings shall be maintained in a clearly legible
condition.
G. Curbs. A concrete curb and gutter shall be constructed for all developments around the periphery of
all parking lots and access roads, according to City requirements and the approval of City Engineer
except where they determine that a curb would impede drainage. Driveways for single and two -unit
dwellings shall be exempt from these requirements.
H. Parking Structures.
1. The minimum setbacks of parking structures shall be the same as for principal buildings in the
applicable district and the exterior finish shall be compatible with the principal building served by
the parking structure.
2. Parking structures that are visible from off the site shall display an integration of building
materials, form, and colors with the principal building. No signs other than directional signs shall
be permitted on parking ramp facades.
Minimum Driveway Requirements
1. Driveway widths. The permitted width of accesses to County or State streets or roads is subject
to County or State regulations. The following are the required driveway widths for driveways
accessing the following types of streets or roads, the measurements being between the edges
of the driveway at right angles thereto. See Table 1350.2 Required Driveway Widths.
Table 1350.2 Required Driveway Widths
Types
Residential
Commercial
Minimum (feet)
Maximum
(feet)
Minimum (feet)
Maximum
(feet)
Minor Streets
10
22
22
32
City Collector
Streets
12
22
26
32
2. Minimum Driveway Angle to Public Street: 30 degrees when the public street is one-way or
divided, otherwise 60 degrees.
3. Minimum Distance of Driveway from Street Intersections: Distance shall be measured along
street right-of-way line between the nearest driveway edge and the nearest right-of-way line of
the intersecting street. See Table 1350.3 Distance from Street Intersections.
Table 1350.3 Distance from Street Intersections
If the driveway
enters a street
classified as a:
and the
intersecting street
is classified as a:
and the driveway enters lane
approaching or leaving intersection:
Approach (feet)
Leave* (feet)
Local Street
Local Street,
Collector or Minor
arterial
15
15
Local Street
Minor Arterial
20
15
Collector Street
Local Street
20
15
Minor Arterial
Collector, Minor
Arterial
25
15
Major Arterial
35
20
Page 7 of 26
Major Arterial
Local Street
20
15
Collector, Minor
Arterial
25
15
Major Arterial
40
20
Expressway Ramp
200
100
* Note: Minimum distance to be the same as that specified for approaching lane if
left turns are permitted into or out of driveway.
4. Proximity to lot lines. Access drives may be placed adjacent to property lines, but in no case
shall a driveway be placed nearer than five feet to an existing drive on an abutting parcel.
5. Proximity to residence or other principal building. No access drive shall be closer than three feet
to any single- or two -unit dwellings, nor closer than five feet to any other principal building.
Subd. 5 Off -Street Loading.
A. Off-street loading spaces or truck terminals shall be provided in connection with any use which
requires the receipt or distribution of materials by truck.
B. Where noise from such loading space is audible in a residential district, the activity shall terminate
between the hours of 7:00 p.m. and 7:00 a.m. and shall be subjected to the following standards:
1. Access to loading areas, berths or docks shall be located on the side or rear of a property away
from public right-of-way view.
2. All off-street loading areas shall be appropriately screened in accordance to the subsection
1350.06.
3. Loading berths and docks shall not face any street frontages nor occupy any required yard
bordering a street or residential property, unless fully screened from view. All loading spaces
shall be provided in a location where it is not necessary to utilize the public right of way for
access to the space.
4. Setbacks shall be no closer than 25 feet from the intersection of two street right of way lines and
shall be no closer than 15 feet to a side or rear lot line.
5. Semi -trailer spaces shall be at least 55 feet in length, 12 feet in width, and 14 feet in height plus
necessary additional maneuvering space.
6. All loading spaces and driveways shall be on hard surfaces in accordance with the standards
identified in this division for off-street parking areas and driveways.
7. Loading areas may be utilized for semi -truck parking, with no more than four semis or trucks
parked at a given time and meeting all the standards within this subdivision.
Subd. 6 Pedestrian and Bicycle Circulation. Pedestrian and bicycle improvements shall be installed in
accordance with the City of Arden Hills Comprehensive Plan and the local guiding plan and shall be in
conformance with the following:
A. Site design shall facilitate pedestrian connections and mobility within and between buildings, sites,
and uses by providing clear visual indicators through door placement, signage, striping, raised
pathways, and integrating landscaping components. (revised 11/25/13)
B. An internal sidewalk system shall link the primary entrance of each building on site with the public
sidewalk or trail network. In the event a building is subdivided into multiple separated tenant
spaces, a sidewalk must link the primary entrance of each separated tenant space with the public
sidewalk network.
C. Where there is new building construction or renovation where the renovation value is 30% or more
of the pre -renovation value of the structure, a minimum six foot concrete sidewalk adjacent to or in
all rights -of -way shall be provided. The location of the sidewalk shall be prescribed by the Public
Works Director. The new sidewalks shall connect to sidewalks on adjacent properties if they exist.
At the discretion of the City Council, the property owner may, in lieu of constructing the sidewalk,
pay the City an amount equal to the cost of constructing the sidewalk to satisfy the obligations of
this subsection. Said payment shall be used by the City to further maintain and construct the
pathway system within the City.
D. In the Neighborhood Business (NB) District, sidewalks shall be provided adjacent to all public
rights -of -way.
Page 8 of 26
Subd. 7 Bicycle Parking
A. General Requirements.
1. All dwellings with three or more units and all non-residential uses shall provide at least one
bicycle facility for any new development, building addition that adds more than 25% to the
building square footage, or improvement to the parking lot that adds more than 25% of
additional parking spaces.
2. Number of Required Bicycle Parking Spaces.
a. One bicycle parking space shall be provided for every 20 automobile parking spaces. A
minimum of two parking spaces is required.
b. For multi -unit dwellings, enclosed bicycle parking shall be provided at a rate of 0.5 spaces
for every dwelling unit.
3. Bicycle parking may be provided using the following approaches: bicycle racks, bicycle lockers,
or bicycle parking stations.
4. Bicycle racks must support a bicycle frame at two locations and one or both wheels to be
secured on a level paved surface or building. The City requires that bicycle racks meet inverted
"U", ring -and -post, or comparable design standards approved by the Zoning Administrator.
5. Bicycle racks or lockers must be securely anchored to a level, concrete or pavement surface.
B. Location Criteria.
1. Bicycle parking shall be located in a safe, designated area and should be within 50 feet of the
primary building entrance. Bicycle racks shall be visible either from within the building or the
public right-of-way. Adjoining uses may share common bicycle parking areas, meeting the
minimum bicycle parking requirement.
2. Bicycle racks shall be located to avoid conflicts with pedestrians.
3. Multi -unit dwellings, shall provide secure bicycle storage racks inside the building, garage, or as
an outdoor locker. The proposed design shall be approved by the Zoning Administrator, or their
designee.
C. Dimension Criteria.
1. At least two feet of clearance shall be provided from the centerline of each adjacent bicycle
rack.
2. An access aisle of at least five feet shall be provided in each bicycle parking facility.
3. Bicycle racks shall be at least 24 inches from a wall to which they are parallel and 30 inches
from a wall to which they are perpendicular.
D. Sufficient lighting shall be provided to illuminate the bicycle facilities at night.
Subd. 8 Electric Vehicle Charging Stations (EVCS)
A. Electric vehicle charging stations shall be allowed in all zoning districts.
B. All new single -unit or two -unit dwelling developments shall be provided with an EV ready wall plug
for charging an electric vehicle. Any EVCS in a single -unit or two -unit dwelling shall be stored on the
exterior wall of the home, in the garage, or on a freestanding pole with footings within the property
adjacent to the parking area.
C. Minimum number of EVCS required.
1. For all new and existing multi -unit dwellings and nonresidential developments with new parking
areas, and existing parking areas proposed to be expanded or reconstructed by more than 25%,
the following are required to be provided:
a. 5% of the parking area shall be EV ready; and
b. Installation of a minimum of three EVCS, with at least one being an accessible parking stall.
D. Accessible Parking Spaces. An EVCS will be considered accessible if it can serve as an accessible
parking space as defined and required by the ADA. It is not necessary to designate the EVCS
exclusively for the use of vehicles parked in the accessible parking space and it shall not count
toward required ADA parking requirements.
E. Reductions to EVCS requirements.
1. The equipment or number of required EVCS may be reduced by the City, if proof can be
provided that:
Page 9 of 26
a. The cost of installing the EVCS required by this Chapter exceeds ten percent of the total
project cost; or
b. It is unfeasible to provide sufficient electrical capacity at the site to power the EVCS.
F. EVCS shall be designed and installed to meet the following minimum design requirements:
1. EVCS with digital displays shall be prohibited.
2. The EVCS and associated equipment shall not exceed the size of the parking stall that it is
serving.
3. The EVSC shall not exceed the height of six feet.
4. EVCS must be securely installed and protected by any of the following methods:
a. A parking island; mounted to an adjacent pedestal, wall or similar structure.
b. Free standing EVCS shall be protected by bollards, structures, or curb.
5. EVCS must be located adjacent to the designated parking spaces, in a garage or parking lot, as
long as the devices do not encroach into the required dimensions of the parking space (length,
width, and height clearances).
6. EVCS shall be setback at least three feet from any property line. However, upon written request
from the property owner, the City, may reduce this setback requirement for pursuant to a finding
of necessity and public convenience.
7. Where EVCS is located within three feet of the public right-of-way, the location must be
approved by the City.
8. EVCS shall be designed and located so as not impede pedestrian walkways or vehicle
circulation.
9. EVCS cords must be retractable or have the ability to be hung sufficiently above the ground
when not in use. The cords shall not extend across sidewalks or trails during charging.
10. EVCS must be installed per manufacturer specification, with contact information provided on
each charger for reporting or maintenance concerns.
11. EVCS must comply with all applicable building codes and relevant Americans with Disabilities
Act (ADA) requirements.
12. EVCS shall be maintained in good condition and functional at all times, including free of any
rust.
13. When an EVCS is not operational for 30 consecutive days, it shall be shut off from the circuit
and removed from any safety hazard. Unless a repair plan is supplied and approved by the City
through the procedures in Section 1370.
1350.04 Landscaping
Subd. 1 Purpose and Findings. The City declares that it is desirable and essential to the health, safety,
welfare, and aesthetics of the City to:
A. Protect certain existing plants and trees;
B. Require new and additional plants and trees;
C. Prohibit the planting of certain species;
D. Require the maintenance of plants and trees; and
E. Ensure appropriate and unified landscaping to meet the community objectives established in the
Comprehensive Plan.
Subd. 2 Scope. The provisions of this section shall apply only to privately owned property. Property
within public rights -of -way shall be maintained in accordance with Chapter 3 of the City Code.
Subd. 3 General Landscaping Requirements
A. Minimum Requirements.
In all districts, all developments shall provide and maintain a landscaped area according to the
minimum requirements in this subsection and Table1350.4 Minimum Landscaped Lot Area:
Table 1350.4 Minimum Landscaped Lot Area
Page 10 of 26
Applicable Zoning Districts
Minimum
Landscaped
Lot Area
All Residential (R-1, R-2, R-3, R-4),
including POS and CD
65%
NB, GB, 1-1
35%
CB, BP, I -FLEX
25%
MU, CC
20%
INST
26%
2. All land area not occupied by marshes, ponds, wetlands, structures, buildings, parking,
driveways, sidewalks, or other hard surface shall be sodded, seeded, mulched or landscaped
with appropriate perennials, shrubbery and/or trees.
3. In all districts all developments shall provide and maintain a landscaped area along the
perimeter of their site and abutting streets. This area shall be kept clear of all structures,
storage, and off-street parking, except for driveways. The landscaped area shall extend along
the entire frontage of the lot and along both streets in the case of a corner lot.
4. Trees Along Street Frontage. A minimum of one tree shall be provided along the right of way for
every 40 feet of public street frontage. The tree shall not interfere with the roadway and shall be
on private property.
5. Perennials and Shrubberies. At least 10 percent of the total landscaped area shall be covered
with perennials and/or shrubbery and be planted along the perimeter of private parking, building,
and driveway areas.
6. The following is the minimum number of plant materials to be provided:
a. Single -unit and two -unit dwellings shall provide the required trees and landscaping per lot
size:
i. Less than 40 feet wide — 40% of landscaped lot area shall be shrubbery or perennials.
No trees required.
ii. Between 40 feet and 75 feet wide — 20% of landscaped lot area shall be shrubbery and
perennials. Two trees shall be planted on -site.
iii. More than 75 feet wide — 10% of landscaped lot area shall be shrubbery and perennials.
Three trees shall be planted on -site.
b. Multi -family residential dwellings shall require one canopy and one evergreen tree per 2,000
square feet of minimum landscaped lot area.
c. Nonresidential uses shall require one canopy or evergreen tree per 1,000 square feet of
gross building floor area.
7. Tree Ratio. The required minimum plant materials shall contain the following minimum number
of trees in various size ranges, in accordance with Table 1350.5 Minimum Plant Materials and
Sizes
Table 1350.5 Minimum Plant Materials and Sizes
Building Height in
Stories
Percentage of Trees of Various Caliper Inches
2.0"-3.0"
3.5"-4.0"
4.5"-6.0"
1-2
50%
30%
20%
3-4
50%
30%
20%
5 and over
30%
50%
20%
8. Coniferous Tree Measurement. Coniferous trees may be considered equivalent to the sizes
shown by dividing the height of the coniferous tree in feet by 2.4.
9. Minimum size at time of planting.
a. Two and one-half caliper inches for deciduous trees.
b. Six feet in height for coniferous trees.
Page 11 of 26
10. The complement of trees required shall be at least 25% deciduous and at least 25% coniferous.
Not more than 30% of the required number of trees shall be composed of a single genus.
11. All plant materials shall be selected based on zone tolerance in accordance with the USDA
Plant Hardiness Zone Map.
12. No new landscaping shall contain plant materials that are listed on the MN Dept. of Agriculture
Noxious Weed List or the MN DNR Invasive Terrestrial Plants List.
B. Landscaping for parking areas and driveways. (Figure 1350.2)
1. Parking lots adjacent to streets shall be screened from view with landscaping, including but not
limited to trees, hedges, flowers and other bushes and/or decorative masonry walls. Berms shall
be discouraged.
2. Entry drives shall be defined by trees and shrubs.
3. Off-street parking lots with four or more spaces and those parking lots associated with parking
structures shall be required to have planting islands or medians. To visually break up the
expanses of the hard -surface parking area, to soften and shade parking lots, to provide safe
and efficient traffic movement, and to define rows of parking. Parking lot planting islands or
medians shall meet the minimum requirements:
a. A minimum of 400 square feet in area and eight feet in width and include at least one tree
meeting the requirements of this ordinance.
b. Planting islands or medians with a tree shall include a minimum soil volume of 600 cubic
feet per tree. Soil volume may be reduced to 400 cubic feet per tree if trees share a
connected planting area.
c. Parking lot planting islands or medians shall occupy at least 10 percent of the parking area
and be edged with concrete curbs.
d. Parking lot planting islands or medians shall include infiltration basins and plantings as
approved by the Zoning Administrator.
Figure 1350.2 Parking Lot Islands or Median Plantings
C. Alternative Landscaping. Minimum landscape requirements may be modified if the development
meets the intent of landscaping through an approved alternative landscaping option(s). Approval is
subject to review of the Zoning Administrator or as otherwise required by a land use application.
Alternative options may include:
1. Green roofs, raingardens/bioswales, native plantings or Xeriscaping may be counted towards
the minimum landscaping requirements based on the absorption rate and quality.
Page 12 of 26
2. Other special design features such as integrated pedestrian facilities or public art may also be
considered as a landscaping alternative if the proposal meets at least two of the following
criteria:
a. It is of exceptional design and public benefit.
b. It is deemed equivalent to the minimum requirements of this section and complies with the
purpose and objectives of this section.
c. It meets or exceeds consistency with the character of the area.
d. It will result in the retention of more existing significant trees or improve environmental
quality.
e. It better accommodates or improves the existing physical conditions of the subject property.
f. It decreases or eliminates the need for visual screening.
g. It does not reduce the effect of required screening.
h. Efforts are made to create interest by providing a variety of colors and textures.
D. Screening. All developments may use landscaping as a form of screening, in conformance with
Section 1350.06.
E. Tree Preservation. Clear cutting of an entire stand of trees is prohibited on all parcels. All
developments shall be in conformance with Section 1350.05 and subject to an approved Tree
Mitigation Plan as outlined in Section 1350.05, Subd. 6.
F. Maintenance of Green Space. The property owner shall be responsible for the maintenance of all
green space and landscaped areas on their property in conformance with an approved landscape
plan.
Subd. 4 Landscaping Plan.
A. No building permit for any construction described in this subdivision shall be issued unless a
landscape plan required hereunder is approved and on file with the City.
B. A new or revised landscaping plan is required as follows:
1. Concurrently with an application for a grading permit.
2. For any new development of multi -unit dwellings, nonresidential developments, or planned unit
developments
3. Modifications to any existing multiifamily dwellings, nonresidential building or parking facility
being expanded by at least 10 percent or 5,000 square feet, whichever is less.
C. A landscape plan may include an implementation schedule that would allow the plan to be
implemented over a period of three years.
D. If the City determines, at its sole discretion, that landscaping required to be planted exceeds that
which can be accommodated practically on -site, a landscaping fee may be collected at the sole
discretion of the City in lieu of on -site planting.
1. The landscaping fee shall be the cost of materials and installation of landscaping, plus ten (10)
percent, and shall be provided by the applicant and approved by the City.
2. All funds shall be expended exclusively towards landscaping.
Subd. 5 Landscape Design Specifications.
A. All landscape plans and landscaping under
B. this subdivision shall follow and be in compliance with the following requirements, together with all
other Code regulations:
1. Diverse Selection. The landscape plan shall include a full complement of over story, ornamental
and evergreen trees, shrubbery, and ground covers that are hardy and appropriate for the
locations in which they are planted, and which provide year-round color and interest.
2. Existing Plant Credit. Plant materials existing on a site at the time of development may be used
as a credit against the requirements of these landscape regulations; the City Council shall
determine the extent of credit allowed, based on the evaluation of species, size, location, quality
of existing plant materials and the consistency with the intent of these regulations.
3. Plant Selection. The City maintains a list of prohibited trees that may not be used to satisfy the
landscaping requirement.
Page 13 of 26
4. Placement of Trees and Shrubs. No trees or shrubs shall be planted within any drainage/utility
easements, road right-of-way, or where it would now or in the future materially impede the clear
vision area or other driveway between a height of two and one-half and 10 feet in the clear
vision area shown in Figure 1350.3.
Figure 1350.3 Typical Drainage and Utility Easement Location on Lots
GARAGE
5. Method of Installation. All deciduous and coniferous trees shall be planted in accordance with
American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the
root ball for balled and burlapped and spade -moved trees.
6. Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special
approval or treatment, such as special seed mixtures or reforestation, terracing, or retaining
walls. Berming used to provide required screening of parking lots and other open areas shall not
have slopes in excess of 3:1.
7. Erosion Control. All areas of any site shall be restored and maintained in accordance with
provisions of the city erosion control standards, and other requirements of the Code.
8. Irrigation. A watering plan or underground sprinkler system shall be installed in all landscaped
areas except areas to be preserved in a natural state or where all proposed plant materials are
drought tolerant. Where drought -tolerant plant materials are used, irrigation shall be required
only for the 2-year period following the installation and may be accomplished using hoses, water
trucks, or other nonpermanent means.
9. Completion Deadline. All plants required for screening purposes shall be planted to completion
within six months from date of issuance of a building permit unless otherwise approved by the
Zoning Administrator due to the time of the year or if an alternative schedule is set in a
development agreement. In no case shall the period exceed six months from issuance of the
certificate of occupancy.
10. Landscape Plan Maintenance. Quantity and character of landscaping, as originally approved,
shall be maintained in perpetuity by the property owner unless the City approves a change to
the landscaping plan. Maintenance shall include removal of litter, dead plant materials,
unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall
be maintained as free flowing and free of debris.
Page 14 of 26
Subd. 6 Performance Guarantee.
A. A landscape performance bond or other acceptable financial surety is required for all screening or
landscaping required in this Code to insure completion and maintenance of all landscaping in
accordance with the approved landscape plan required hereunder.
B. The amount of the bond or surety shall be 125% of the cost of materials and installation.
C. The bond or surety shall be provided prior to the issuance of any building or grading permits and
shall be valid for two full years, from the date of installation, or three years in the case of an
extended timeline.
D. For any landscaping or screening that is not in accordance with the approved landscaping plan at
the end of two growing seasons, the applicant shall replace the material to the satisfaction of the
city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use
the proceeds of the performance guarantee to accomplish performance.
1350.05 Tree Preservation
Subd. 1 Findings and City Authority.
A. Purpose and Intent. The purpose of this section is to identify trees that are to be saved when
development or land disturbing activity is occurring. It is the City's intent to protect, preserve, and
enhance the natural environment of Arden Hills and to encourage a resourceful and prudent
approach to development. The City Council finds it is in the best interest of the city to protect,
preserve, and enhance the natural environment of the community and to encourage a resourceful
and prudent approach to development and property alteration. In the interest of achieving these
objectives, the city has established the comprehensive tree preservation regulations herein to
promote the furtherance of the following:
1. Protect and preserve the environment and natural beauty of the City;
2. Minimize tree and habitat loss during development and construction;
3. Establish minimum standards for tree preservation, landscaping, and the mitigation of
environmental impacts resulting from landscape tree removal;
4. Enforce tree preservation and landscaping standards to promote and protect the public health,
safety and welfare of the community;
5. Increase and maintain property values;
6. Enhance energy conservation through natural insulation and shading;
7. Prevent or reduce soil erosion, sedimentation and stormwater runoff;
8. Protect privacy by maintaining buffers between land uses; and
9. Preserve the variety and extent of trees which exist in the City and which are an integral part of
this City's identity.
B. City Authority. To preserve protected trees, the City may:
1. Require and enforce a tree preservation plan as described below;
2. Specify trees or groups of trees for preservation;
3. Specify grading limits;
4. Require the clustering of buildings or the relocation of roads, drives, buildings, utilities or storm
water facilities when this would preserve protected trees;
5. Specify time periods in which tree cutting, trimming or injury may not occur in order to prevent
the spread of disease; and
6. Require easements to ensure that groups of significant trees are not destroyed after the
development has been approved.
Subd. 2 Tree Preservation Plan.
A. Scope. A Tree Preservation Plan is required as part of an application for:
1. New development in any zoning district;
2. An expansion of an existing building or hard surface by 10 percent or greater, where an
approved tree preservation plan is not on file with the city;
3. Any project for which a city grading permit or erosion control permit is required; and
4. A plat or minor subdivision.
Page 15 of 26
B. Tree Preservation Plan Submission Requirements.
1. A Tree Preservation Plan must include a tree survey certified by a registered land surveyor,
landscape architect, or forester.
2. Projects on residential sites of two or fewer are not required to have tree surveys certified.
C. Review Process.
1. Applicants are encouraged to consult with the Zoning Administrator concerning preservation of
protected trees before developing a Tree Preservation Plan.
2. The applicant shall meet with Zoning Administrator prior to submission of the development
application or prior to application for the grading permit, whichever is sooner, to determine the
most feasible and practical placement of buildings, parking, driveways, streets, storage and
other physical features, in order that the fewest significant trees are destroyed or damaged.
3. The tree preservation plan shall be reviewed by the City to assess the best possible layout to
preserve significant trees and to enhance the efforts to minimize damage to significant trees.
Subd. 3 Performance Guarantee.
A. Any applicant required to submit a tree preservation plan shall provide the required performance
guarantee following preliminary approval of the tree preservation plan and prior to any construction
and/or grading to insure completion and maintenance of all landscaping and trees in accordance
with the approved tree preservation plan required hereunder.
B. The amount of a bond or other approved financial surety shall be 125% of the cost of materials and
installation.
C. The bond or other financial surety shall be provided prior to the issuance of any building or grading
permits and shall be valid for two full years, from the date of installation.
D. For any tree that is not in accordance with the approved tree preservation plan at the end of two
growing seasons, the applicant shall replace the material to the satisfaction of the city before the
guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds
of the performance guarantee to accomplish performance.
Subd. 4 Compliance with Plan. The applicant shall implement the tree preservation plan prior to and
during any construction. The tree protection measures shall remain in place until all grading and
construction activity is terminated.
A. Tree Removal Prior to Approval. No significant trees shall be removed until a tree preservation plan
is approved by the City and except in accordance with the approved tree preservation plan.
B. Inspection. The City shall have the right to inspect the development and/or building site in order to
determine compliance with the approved tree preservation plan. The City shall determine whether
compliance with the tree preservation plan has been met.
C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaged so that it
is in a state of decline within two growing seasons from date of project closure, it must be mitigated
at a rate of 2:1, or two caliper inches of trees replaced for every caliper inch of tree removed. This
provision also applies to an easement area that is disturbed during or after development. The City
may use the performance guarantee to accomplish this.
Subd. 5 Tree Removal and Preservation.
A. Unauthorized clear cutting of an entire stand of trees is prohibited on all properties within the City.
Penalties for unauthorized clear cutting shall be fined as determined by the City.
B. Tree Removal Allowance. A tree preservation plan and mitigation shall not be required for removing,
cutting, or killing trees when:
1. Fewer than 10 percent of the caliper inches of the significant trees on the property are cut,
removed, or killed in a two-year timeframe;
2. There is an existing principal use on the property, and no construction, grading, or development
is to occur in the location of the removed tree(s) within two years thereafter; or
3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees.
C. A survey or site plan, in accordance with Section 1370, shall be submitted to the Zoning
Administrator identifying the number, type of trees, and reason for the trees to be removed on site
that meet the allowed tree removal criteria.
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D. Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council
when there is a greater public good such as;
1. Allowing for LEED Certified architectural practices;
2. Providing affordable housing;
3. Allowing for a public road or trail; or
4. Providing for a public utility service.
E. Planned Unit Developments. A master PUD plan for a new subdivision will be approved only if it
demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines
and building pads that minimize tree loss. Mitigation must be provided for any removal of significant
trees.
F. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the subject
property shall be removed from the property at the time of grading and prior to the commencement
of building construction. Diseased and nuisance trees shall not count toward calculation of
significant tree inventory.
G. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by
unnatural causes within two years before a development application will be regarded as if it were
present at the time of construction or a development application.
Subd. 6 Approved Tree Mitigation.
A. Mitigation Standards. Mitigation for tree removal of significant trees must meet the following specific
standards:
1. Mitigation Rate. Significant live trees lost or reasonably anticipated to be lost as a result of
building, construction, or grading immediately or in the future, shall be replaced by the property
owner by planting that number of caliper inches of trees ("replacement trees") determined at a
rate of 1:2 or one inch replaced for every two inches lost. The trees required to be replaced
pursuant to this section shall be in addition to any other trees required to be planted pursuant to
any other provision of the Code.
2. Mitigation Species. Replacement trees shall be of a species similar to the trees which are lost or
removed and shall include those species pre -approved in writing by the City. Approved list of
trees provided for guidance in selection of trees and shrubs shall meet the American Standards
for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and
burlapped and spade -moved trees.
3. Trees planted in accordance with mitigation requirements shall not be comprised of more than
25 percent of the same species or size unless approved by the city.
4. Replacement trees shall be planted on the same property from which the trees were removed. If
the City determines, at its sole discretion, that the number of replacement trees to be planted
exceeds the number of trees that can be accommodated practically on -site, off -site planting may
occur at locations to be determined by the City, or a landscaping fee in lieu of off -site planting
may be required as provided in paragraph d below.
5. Where tree replacement on -site in satisfaction of Subd. 6 Part A. (4) above, is not practical and
a suitable off -site location cannot be determined by the City, a landscaping fee in lieu thereof
may be assessed for the replacement required. The landscaping fee amount shall be the cost of
materials and installation of tree(s), plus 10 percent, and shall be provided by the applicant and
approved by the City. All landscaping funds collected shall be expended exclusively towards
landscaping, as defined by the ordinance, for implementation of the goals listed in Subd. 1 of
this section and Section 1350.04.
6. Development that is subject to the landscape requirements in Section 1360.04 of the Zoning
Code may count as preserved trees towards the required landscaping plan. The planting of
trees for mitigation shall be in addition to the landscape requirements of Section 1360.04 and
shall be replaced in accordance with paragraph Subd. 6 Part A. (4) above.
7. The required mitigation trees shall be replaced by the property owner or original developer if
they have died or have severely declined after the second full growing season following
installation. A tree shall be considered to be severely declined if more than 25 percent of the
crown has died.
Subd. 7 General Tree Protection Standards.
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A. Prior to Construction. Before construction, grading or land clearing begins; trees or tree areas that
are to be preserved shall be visibly marked and the city -approved tree protection fencing or other
method shall be installed and maintained at the critical root zones of the trees to be protected. The
location of the fencing shall be in conformance with the approved tree preservation plan. This
fencing shall be inspected by city staff before site work begins.
B. During Construction. The following activities shall be prohibited within the critical root zone areas of
trees to be protected:
1. Trenching;
2. Temporary storage of any construction materials or chemicals; and
3. The routing or parking of heavy equipment, including cars, trucks, bulldozers and construction
trailers.
4. Sediment and erosion control. All sediment and erosion -control silt fencing or straw bales shall
be placed at the limits of grading or where needed to minimize the deposition of sediment within
the drip line of the protected tree(s).
5. Attaching protective devices, signs, etc., to trees is prohibited. No protective devices, signs,
utility poles or lines, or other objects shall be nailed or attached to any trees that are to be
preserved.
6. Other actions prohibited. Any other action within the drip line of the protected tree(s) that may
result in the severing of roots or compaction of soil, or that may impede the free access of air
and water to tree roots, shall be prohibited.
C. Ponding. Water retention ponding may not be located where there are significant trees, unless
approved by the city. The water retention ponding must be created in a manner that prevents
erosion into any nearby water resource.
D. Amendments to Plan. An amendment to the tree preservation plan shall be required prior to the
removal of trees that were designated for preservation on the original tree preservation plan. The
amendment shall be subject to City approval prior to implementation.
1350.06 Fencing and Screening
Subd. 1 Fence Regulations
A. Fences, including walls or hedges shall be permitted in all districts subject to the following
provisions in this section.
1. Fence Placement.
a. No fence, wall or hedge may be placed in a public right-of-way, across easements or other
vehicular or pedestrian access.
b. All fences shall be located within the property or along the lot lines of the property owner
constructing the fence, provided no damage of any kind results to the abutting property.
c. Fences shall avoid placement within a drainage and utility easement on a property. If a
fence is located within a drainage or utility easement the fence shall not obstruct the flow of
water nor shall access be restricted to utility personnel. If, for any reason, a fence located
within a drainage and utility easement needs to be removed; the removal, repair, or
replacement shall be at the property owner's expense.
d. All fences are subject to meet the clear vision area.
2. Construction.
a. Fences shall be constructed with quality and durable materials such as chain -link,
aluminum, wood, vinyl, composite, or other material as approved by the Zoning
Administrator. Alternate fencing materials may be allowed in nonresidential districts subject
to review and approval from the Zoning Administrator.
b. Fences shall blend into the landscape, be compatible with other materials used on site, and
be made of a material that minimizes corrosion. Finished and treated wood, brick, stone or
wrought iron is encouraged.
c. The fence finish shall face towards the direction of the adjoining property or public right-of-
way.
Page 18 of 26
3. Temporary fences shall be allowed seasonally for the purpose of protecting gardens or lawns
from natural elements, and meet the following standards:
a. Temporary fences do not require a zoning permit and shall not be over four feet in height.
b. Temporary fencing may be installed for a duration not to exceed 150 days with snow fencing
to be removed no later than April 1 st each year.
c. Permitted temporary fencing materials are snow or safety fence (i.e. plastic), silt fence (i.e.
fabric), or wire fence.
d. Other purposes for temporary fencing may be permitted on a case -by -case review subject to
the approval of the Zoning Administrator.
e. Temporary fencing shall be subject to all other fence regulations listed within this Code.
f. Silt fencing or fencing utilized at a construction site associated with an active grading and
erosion control or building permit issued by the City is allowed as an exception to these
temporary fence provisions for duration and height. Temporary fencing installed in
conjunction with a City permit is subject to removal prior to the final inspection.
B. Residential District Fence Specifications (Figure 1350.4).
1. Fences in side or rear yards may not exceed six feet in height, which may include the secondary
front yard of corner lots.
2. Fences placed in the front yard shall not exceed three feet in height.
Figure 1350.4 Residential Fence Specifications
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C. Nonresidential District Fence Specifications.
1. Fences may be up to eight feet in height in the side and rear yards up to the front building line of
the principal structure.
2. Fences abutting residential districts shall conform to those regulations applicable to the
residential district.
3. Fences, solid walls, and hedges in the front yard may be allowed through Site Plan Review or
as part of a Planned Unit Development, in accordance to Section 1370, as determined
Page 19 of 26
appropriate by the City Council based on site suitability to allow for additional screening and/or
as a buffer for noise reduction.
D. Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes
or be of metal construction, which is charged or connected with electrical current within any district
of the City. These fencing types shall only be permitted through a Conditional Use Permit.
E. Deviation from these requirements may be permitted through the procedures in Section 1370.05
(i.e. Site Plan Review or Conditional Use Permit), at the discretion of the Zoning Administrator. The
objective of this provision is to improve the livability, appearance, and security of properties and
their relationships to one another.
Subd.2 Screening
A. Purpose. Screens and buffers are designated units of yard or open area where setbacks,
landscaping, berming, walls, and fencing help minimize adverse impacts of public nuisances, such
as: noise, glare, activity, or dust, which are often times associated with parking, storage, signs, or
buildings.
B. Types of Screening.
1. The screening required in this section shall consist of a fence, wall or landscaping, subject to
review and approval through the Site Plan Review process or in conjunction with a land use
application.
2. Landscaping may include a combination of any of the following: berms, shrubs, deciduous or
coniferous trees or hedge materials in compliance with Section 1350.04.
3. The height and depth of the screening shall be consistent with the height and size of the area to
be screened. When natural materials, such as trees or hedges, are used to meet the screening
requirements, density and species of planting shall be such as to achieve 60 percent opacity
year-round at maturity.
C. General Screening Requirements
1. Screening shall be required for all multi -unit dwellings and nonresidential uses where:
a. The principal use is adjacent to any single- or two -unit residentially zoned property or along
the boundary of any such residential lot;
b. Any principal use or its parking lot is on a corner lot;
c. Any principal use across the street from a residential district, where the building orientation
is considered the rear by the Zoning Administrator.
d. Any nonresidential use in a residential district by Conditional Use Permit or PUD or public
uses other than parks adjoins or is located across the street from any single- or two -unit
dwelling lot.
e. Truck docks and delivery areas shall face away from the public street and shall be
integrated into the architecture of the building.
f. Trash enclosures, recycling equipment, materials, and containers shall be fully enclosed
screened on all four sides, including its access, by a solid commercial -grade fence, wall, or
equivalent material that is architecturally compatible with the principal structure and has a
height of between six and eight feet.
i. In addition, the following standards shall apply:
a. Maintain a three-foot setback from any lot line.
b. The access shall remain unrestricted by collectors; and
c. The access shall remain closed when not in use.
ii. In the Neighborhood Business (NB) District, trash shall be fully screened in a masonry
enclosure or shall be stored within the principal structure.
g. All parking or loading facilities, utility, and exterior storage areas from all public streets and
adjacent differing land use except materials and equipment currently being used for on -site
construction.
h. All mechanical equipment, whether roof -mounted or ground -mounted operating equipment
should be integrated into the architecture of the building. It shall be located and completely
screened from the view of adjacent properties, public streets and differing land uses. Wood
screening shall not be permitted. Mechanical operating equipment shall include all exterior
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devices used to service the building or its occupants, including but not limited to electrical,
HVAC, plumbing, communications (including telephone and dish antennae) and storage
tanks.
i. All service entrance areas, mechanical equipment and trash handling devices shall be
screened from adjacent buildings and off -site visibility.
D. In the Neighborhood Business (NB) District, buffer yards thirty (30) feet in width shall be provide
adjacent to all residential uses outside the neighborhood business district. The buffer yard shall be
landscaped with a combination of evergreen trees and deciduous trees such that the use is
substantially screened from the adjacent residences. The buffer yard landscaping may require
landscaping in excess of the minimum requirements.
E. Exception to requirements. Screen and buffer requirements may be waived or modified where the
intent is otherwise satisfied by significant change in elevation, an existing screening, significant
distance, or similar circumstances. The Zoning Administrator may approve through the Site Plan
Review procedures in Section 1370.04 as applicable.
F. Intersection Visibility. On all lots, nothing shall be placed in the clear vision area, and nothing shall
be allowed to grow in such a manner as to materially impede vision now or in the future between a
height of two and one-half and 10 feet in the clear vision area.
G. Responsibility for Screening. The owner or occupant of the premises containing the use or features
to be screened shall provide the required screening and maintenance.
1350.07 Architectural and Site Design Standards
Subd. 1 Purpose and Intent.
A. The City seeks to create a unified, harmonious, and high -quality environment to foster a distinct,
positive, and successful image for the City. New development, redevelopment, and site
modifications shall demonstrate meeting this intent through:
1. Consistency with provisions of the comprehensive plan and other guiding plans as amended
from time to time; provisions of the zoning ordinance and subdivision ordinance; and all other
applicable regulations.
2. Creation of unified site designs, each with a sense of internal order, that provide desirable
environments for site users and visitors and the community as a whole and that consider all site
elements.
3. Provision of safe and adequate access from public streets to sites giving ample consideration to
the location and number of access points, the safety and convenience of merging and turning
movements, and traffic management and mitigation.
4. Provision of on -site vehicular, bicycling, and pedestrian circulation by way of interior drives,
parking areas, pathways, and walkways adequate to handle anticipated needs and to safety
buffer pedestrians and cyclists from motor vehicles. Ample consideration shall be given to the
width of interior drives; internal traffic movement and flow; separation of pedestrians, cycling,
automobile and delivery traffic; and the safe, convenient, and practical arrangement of parking
spaces.
Subd.2 Applicability.
A. These design standards shall apply for new development, redevelopment, and significant
modifications to existing sites zoned mixed -use or commercial districts. Unless preempted by the
standards in this section, all other zoning provisions shall apply.
B. The standards in this section should apply only to the building or site elements being developed or
altered (i.e. a proposal for changes to a building would be required to meet only those standards
that pertain to buildings, while changes to a parking area would only be required to meet the
standards for parking areas). The design standards shall be applied proportionately to the degree of
change proposed.
C. Upon recommendation from the Planning Commission, the City Council may waive specific design
standards based on the scale of the project. The City Council shall make the final determination on
the compatibility and consistency with the design standards.
D. Architectural Style and Building Character. Evaluation of a project shall be based on the quality of
its design and on its relationship to its surroundings. Site characteristics to be evaluated for this
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purpose include, but are not limited to, building and landscaping materials, colors, textures, shapes,
massing, building components, height, roofline, and setback. Monotony of design, both within
projects and between projects and its surroundings, is prohibited. Variation in detail, form, and
arrangement shall provide visual interest.
Subd. 3 Exterior materials. Buildings shall be constructed of materials that are enduring, timeless, and
well -detailed. Other new materials of equal or better quality to those listed may be approved by the
Zoning Administrator.
A. General exterior material requirements:
1. At least 75 percent of the exterior building materials shall be of brick masonry, tile masonry,
natural stone (or synthetic equivalent), decorative concrete plank, transparent glass, or any
combination thereof.
2. Trim and other accent or decorative features may be metal, wood, split faced block, EIFS, or
stucco. Metals shall have a matte finish and have visible corner moldings and trim when used
on exterior walls. EIFS shall be located at least 12 feet above the ground line.
3. Undesirable materials shall include simulated brick, vinyl or aluminum siding, sheet or
corrugated metal siding, plain concrete blocks or panels, brightly colored metal roofing or
canopies, unfinished pre -cast tilt -up walls, mirrored or reflective glass, and materials that
represent corporate colors or logos not in conformance with approved building materials.
B. District specific requirements:
1. Neighborhood Business (NB) District: Exterior Materials shall include only face brick, stone,
glass, or wood products. All walls shall be treated with the same exterior materials.
2. Civic Center (CC) District: Exterior building materials shall be of brick, stone, glass or any
combination thereof, except trim and accessories may be metal or wood. Materials and colors
selected for any individual building shall be compatible with other buildings in the CC District.
a. Exterior characteristics and building materials shall utilize consistent motifs in design, size
and scope to create unity in the CC District. All building elevations shall be considered
"fronts."
3. Gateway Business (GB) District:
a. Exterior building treatment (wall surfaces) shall be of brick, stone, glass or any combination
thereof, except trim and accessories may be metal or wood.
b. Materials and colors selected for any individual building shall be compatible with other
buildings in the GB District.
Subd. 4 Building Orientation.
A. Buildings shall be oriented towards streets or civic/open spaces.
B. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access and
entrances may be placed on the corner of the building in order to serve both the sidewalk and the
parking lot. Secondary and service entrances may be oriented to parking areas or alleys.
C. Primary entrances to buildings shall be located on the street along which the building is oriented. At
intersections, corner buildings may have their primary entrances oriented at an angle to the
intersection. Building entrances shall be provided for all separate ground floor commercial use
tenant spaces that are located along a Pedestrian Priority Frontage.
D. Primary Entrance Design: Primary building entrances along Pedestrian Priority Frontages shall
consist of at least two of following design elements so that the main entrance is architecturally
prominent and clearly visible from that street:
1. Architectural details such as arches, friezes, awnings, canopies, arcades, tile work, murals, or
moldings; or
2. Integral planters or wing walls that incorporate landscape or seating elements; or
3. Prominent three-dimensional, vertical features such as belfries, chimneys, clock towers, domes,
spires, steeples, towers, or turrets.
Subd. 5 Building Design. The arrangement, massing, materials and colors shall work to create a high
quality development that is responsive to existing buildings, site features, and site design on adjoining
sites in the district.
A. At least 50 percent of the largest building on each site shall be constructed at the front setback line.
Page 22 of 26
B. Fagade treatment shall be carried around all sides. Architectural elements such as, but not limited
to, windows, shutters, awnings, doors, masonry exterior veneers, cornice detailing, window casings,
and other architectural details should demonstrate consistency on all sides of the structure that are
reasonably visible to the general public. Plain flat walls shall not be permitted when viewable from
the public right-of-way or public areas.
C. To avoid long unbroken expanses and to increase visual interest from the street, buildings of more
than 40 feet in width shall be divided into smaller increments (between 20 and 40 feet) through
articulation of the facades to convey the impression of individually constructed small storefronts or,
in the case of housing, housing units. This can be achieved through the combination of the following
techniques:
1. The use of windows and doors;
2. Facade modulation -stepping backward or forward or extending a portion of the fagade;
3. Vertical divisions into storefronts with separate display windows and entrances;
4. Recesses and projections such as porches, dormers and bays that create shadows and add
visual interest;
5. Variation in the rooflines by using multiple roof and ridge lines perpendicular to one another,
offsetting single roof lines, stepped roofs;
6. Providing a lighting fixture, trellis, tree, or other landscape feature with each interval.
D. Awnings or overhangs shall be provided at the primary entryway and at all entrances fronting a
public street to provide protection for pedestrians. Awnings shall be opaque so as not to create a
glowing effect with lights under the awnings. Awnings shall be constructed of durable and protective
material and shall be properly maintained. Plastic or fiberglass awnings shall not be permitted.
E. Any multi -level building shall distinguish the ground floor level from the upper floors by use of any or
a combination of these techniques: an intermediate cornice line, difference in building materials or
details, awnings trellis or arcade, special window details, or brick corbels or quoins. A strong base
and top for multi -story buildings shall be established; middle layers shall be simpler. Details shall be
an integral part of the architecture rather than a series of applied elements.
F. In the Neighborhood Business (NB) District, slopes roofs shall be utilized on all principal and
accessory structures. Roofing materials and design shall be consistent with those found in the
adjacent residential neighborhoods outside the business district.
G. In the Gateway Business (GB) District, a "campus" plan arrangement is encouraged and a
"signature" building is considered desirable.
H. Standardized corporate or franchise architecture identified with a particular chain shall be
discouraged unless it is compatible with surrounding architecture and conforms to these design
standards.
I. Entrances shall have convenient access to the street frontage and to parking serving the use. For
those properties along County Road E, access to street frontage shall be given priority where
feasible.
Subd. 6 Window and Door Openings
A. Commercial Facade Transparency.
1. Fifty percent of all first level building facades that front a public street shall be comprised of
transparent windows or doors in order to allow views of interior uses and activities.
2. If the building is a one story design and the first floor elevation exceeds twelve (12) feet, then
only the first twelve (12) feet shall be included in calculating the fagade area. (revised 11/30/15)
3. The City may consider a proportional reduction in the transparent window and door requirement
on the public street faQade if additional transparent glass is used on the remaining sides.
B. Residential Fagade Transparency. Twenty percent (20%) of all residential building facades that front
a public street shall be comprised of transparent windows or doors in order to allow views of interior
uses and activities. Transparency requirement may be waived by the City where privacy concerns
warrant.
C. Configurations. The shape, size, and placement of windows and doors shall emphasize the
intended organization and articulation of the fagade. Windows and doors shall be recessed at least
one inch rather than being flush with the building faQade.
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D. Materials. Acceptable materials for window trim include anodized aluminum, steel, wood, and clad
wood. Door trim shall be made of steel, wood, or clad wood.
E. For buildings with a use or function that does not readily allow windows (e.g. cooler or freezer
areas, mechanical rooms, security areas, storage areas) the transparent window standards may be
reduced at the discretion of the City Council. However, aesthetic interest must be provided by the
use of upper level windows or architectural detailing that provides arches, patterning, recesses, and
shadowing. Architectural detailing may include such things as change in materials, change in color
and other significant visual relief provided in a manner or at intervals in keeping with the size, mass,
and scale of the wall.
Subd. 7 Building Color. Building colors shall be muted. Recommended colors include browns, grays,
tans, beiges, and dark or muted green, blues, and reds. Bright or brilliant colors and sharply contrasting
colors may be used for only accent purposes occupying a maximum of five percent (5%) of building
fagades.
Subd. 8 Site Furnishings and Seating Areas.
A. Site furnishings shall be provided based on the scale of the project. The site furnishings may be
spread out on the site or clustered to provide a more formal area. Placing site furnishings near
landscaped areas is encouraged. These areas may be shared by multiple tenants on a property or
adjacent properties and may include tables, chairs, benches, plantings, and other outdoor amenities
such as a plaza. These areas shall be maintained for year-round use. Creativity is highly
encouraged. These spaces shall be connected to the sidewalk system.
B. Benches and decorative plantings shall be provided near the primary entrance of all buildings on a
site.
C. Restaurants shall include a functional outdoor seating area with tables, chairs, plantings, and
access to the restaurant.
1. No outdoor seating shall be permitted in any portion of the public sidewalks where normal
pedestrian traffic flow is obstructed.
2. The outdoor seating area shall not be used for exterior storage when the area is not in use.
3. These areas shall be distinguished with decorative fencing and/or plantings.
4. If alcoholic beverages are served, the establishment shall take reasonable steps to insure that
alcoholic beverages are consumed only by patrons of the establishment who are of age. All
other provisions related to the license to serve alcohol shall apply.
Subd. 9 Environmental Conservation and Sustainability.
A. The City encourages the use of green materials and environmentally friendly construction,
buildings, and site design such as the use of pervious surfaces, green rooftops, energy efficient
materials, LEED standards, and other green building techniques.
B. If a building demonstrates meeting the criteria of LEED and energy efficient design as determined
by the U.S. Green Building Council or U.S. Department of Energy, then the development may be
eligible for flexibility in other development standard requirements as determined by the Zoning
Administrator, in accordance with the applicable procedures in Section 1370.
1350.08 Outdoor Lighting
Subd. 1 General Lighting Requirements.
A. All uses and properties shall comply with the minimum lighting requirements:
1. The source of illumination shall be hooded, concealed, or controlled in a manner so as to direct
the lighting pattern only on the site to which the lighting is intended.
2. All lighting fixtures shall be of downcast, cutoff type, concealing the light source from view to
prevent glare.
3. No illumination shall create a hazard for vehicular or pedestrian traffic.
4. Lighting shall be so arranged as to direct light away from adjoining lots and public streets.
5. Any light or combination of lights shall not cast light or reach an intensity that exceeds a meter
reading of one foot candle on the travel lanes of adjoining public streets or zero -foot candles on
adjoining residential property.
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6. Lighting shall be maintained stationery and constant in intensity and color, and shall not be of a
flashing, moving, or intermittent type, unless approved by the Zoning Administrator.
7. The City encourages DarkSky compliant lighting fixtures and design when possible.
B. All multi -unit residential, mixed use developments and nonresidential uses shall also meet the
following requirements:
1. Exterior lighting for parking lots and buildings shall not be excessive and shall be directed at
their intended purposes.
2. Floodlights shall not be directed at any adjoining lots or public streets.
3. A lighting plan shall be submitted with all site plans showing the location, type(s) of illumination,
fixures and design. A photometric analysis of site and building shall be submitted for City
approval with all new construction or redevelopment projects.
4. For nonresidential uses, adjacent or visible from residentially zoned property, a maximum of 25
percent of the facade may be illuminated by direct lighting from spot lights or flood lights,
complying with the other standards in this subsection.
C. In mixed -use and commercial districts, the City may require additional exterior lighting standards on
a case -by -case basis if the development proposal is a new development, redevelopment, or a site
with significant modifications providing for the safety and convenience of occupants and visitors.
1. Exterior lighting shall be consistent in type, design, scale, and color to create unity in the
districts. High-pressure sodium lighting and other similar types of lighting color may be required
by the City to promote a unified lighting color throughout the districts. Other lighting colors may
be considered during the Site Plan Review process in accordance with Section 1370.05.
2. Light washing of buildings and accent lighting may be permitted through the City site review
process provided that it does not negatively impact residential areas or traffic safety and is
complementary to the district as a whole.
3. Lighting under a gasoline station canopy shall not be directly visible from the street but shall be
recessed into the canopy or otherwise shielded.
D. In the Neighborhood Business (NB) District. In addition to the above regulations, lighting shall
comply with the following:
1. Lighting shall not wash the building, except for accent lighting to delineate the main entryway
into the building.
2. Security and parking lot lighting shall be on pedestals not to exceed fourteen (14) feet in height.
1350.09 Filling and Excavation
Subd. 1 Permit Required. A Grading and Erosion Control permit also subject to Chapter 15 shall be
required for any filling or excavation of up to 400 cubic yards per parcel, or per acre, whichever is
greater. Operations of over the above -described amounts shall be considered land reclamation or
mining and shall require a Conditional Use Permit in accordance with Section 1370 of this Code.
Subd. 2 Exceptions. The following operations are excepted from the preceding permit requirements:
A. Excavation for construction of existing public streets and utilities;
B. Filling, excavation or movement of less than 50 cubic yards of earth for landscaping purposes on a
lot already occupied by a residential structure; or
C. Minor agricultural or conservation operations.
Subd. 3 Type of Fill. Fill to be placed on sites shall be subject to City Engineer approval. Building
construction materials, concrete, bituminous, and soils containing hazardous or toxic waste,
predominately organic materials, household waste, mechanical debris, etc., shall not be permitted.
Subd. 4 Periodic Operations. Periodic filling or excavation of amounts less than 400 cubic yards per
parcel or per acre shall be allowed under separate Grading and Erosion Control permits until the
composite total of such periodic operations 400 cubic yards. Further operations will then be subject to a
Conditional Use Permit in accordance with Section 1370 of this Code.
Subd. 5 Submissions. The applicant for a Grading and Erosion Control permit shall submit the
information outlined in Chapter 15 Section 1520 — Erosion and Sediment Control Plans and Review.
Subd. 6 Review Procedure. The Grading and Erosion Control permit application shall be reviewed by the
City Engineer and as directed to other City staff to determine the impact of the proposed operations
Page 25 of 26
upon drainage patterns, adjacent properties, wetlands, and bodies of water. The permit may be
approved as submitted, approved with modifications, or rejected because of specifically stated adverse
impacts. If denied, the applicant may appeal the administrative decision to the City Council within 10
days, in accordance with the appeal procedure in Section 1370.
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Attachment H
Chapter 13 Chapter 13
1360 Affordable Housing
1360.01 Requirements for Affordable Housing
Subd. 1 Purpose. The purpose of this Section is to:
A. Maintain a balanced community that provides housing opportunities for households
at all income levels.
B. Ensure housing opportunities for employees of businesses located in Arden Hills and
the surrounding region.
C. Implement affordable housing goals and policies contained in the City's
Comprehensive Plan.
D. Promote economic integration by including affordable units within market -rate
developments.
E. Create affordable housing without requiring public subsidies or tax increment
financing.
Subd. 2 This ordinance is adopted pursuant to:
A. Minn. Stat. § 462.358, subd. 1a, which authorizes municipalities to adopt ordinances
for the purpose of increasing the supply of affordable housing using land use
mechanisms.
B. Minn. Stat. § 462.358, subd. 11, which authorizes municipalities to enter into
agreements requiring affordable housing with established pricing and long-term
affordability controls; and
C. Minn. Stat. § 473.859, which requires municipal comprehensive plans to promote
creation of affordable housing for low- and moderate -income individuals and families.
Subd. 3 Definitions. The following terms shall have the meanings indicated:
Affordable. Housing is affordable when a household pays no more than 30% of gross
household income for housing costs, including rent or mortgage payment, utilities, fees,
and charges.
Affordable rent. The rent and utilities for the affordable housing units will be based on
payment standards by Zip code using Small Area Fair Market rents, as established by
the Metro HRA or, as applicable, MN Housing income limits, US Department of Housing
and Urban Development income limits, the Multifamily Tax Subsidy Projects (MTSP)
Income Limits are used to determine qualification levels as well as set maximum rental
rates for projects funded with tax credits or tax exempt housing bonds authorized under
the Internal Revenue Code as adjusted annually.
Affordable housing unit. A dwelling unit that has income and rent restrictions pursuant
to this ordinance to ensure affordability for eligible households.
Area Median Income (AMI). The median household income as most recently
determined by the U.S. Department of Housing and Urban Development (HUD) for the
Minneapolis -St. Paul -Bloomington, Minnesota -Wisconsin Metropolitan Statistical Area,
adjusted for household size and number of bedrooms.
Density bonus unit. A unit as a result of an increase in density permitted above the per
acre limit established by the city code
Development. A new residential or mixed -use development, including construction in
phases or stages, for which city approvals are being or have been sought.
Dwelling unit. One or more rooms designed for residential use by a single household,
containing cooking, living, sanitary, and sleeping facilities.
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Eligible household. A household with annual income at or below 80% of AMI for rental
units, or at or below 110% of AMI for ownership units.
Market -rate unit. A residential dwelling unit not subject to affordability restrictions under
this ordinance.
Naturally Occurring Affordable Housing (NOAH). Existing rental housing that is
affordable to households at or below 60% of AMI without public subsidy, typically
constructed between 1940 and 1990 and classified as Class B or C real estate property.
Substantial rehabilitation. Improvements to a property where the cost exceeds 20% of
the property value (excluding land) after improvements.
Tenant paid rent. The monthly rent for an affordable dwelling unit shall include rent,
utility costs and any other non -optional monthly occupancy charges.
Workforce housing. Housing affordable to households earning between 60% and 80%
of AMI, typically needed by teachers, public safety personnel, healthcare workers, and
other essential workers.
Subd.4 Applicability.
A. This ordinance applies to the following development types:
1. New multifamily residential developments creating 20 or more dwelling units.
2. Mixed -use developments with a residential component of 20 or more dwelling
units.
3. Substantial rehabilitation or reconstruction of existing buildings containing 20 or
more dwelling units.
4. Conversion of non-residential buildings to residential use creating 20 or more
dwelling units.
5. Those developed on property purchased from the City of Arden Hills unless a
waiver is approved by the Arden Hills City Council.
6. The development must comply with this inclusionary housing ordinance as
amended and approved by the city council as of the date the development enters
into a development agreement with the city.
B. Calculation of Units/Payment in Lieu
1. For phased developments, the affordable housing requirement shall be
calculated based on the total number of units in all phases. Affordable units shall
be provided proportionately across phases.
2. When calculating the number of affordable units required, any fraction of 0.5 or
greater shall be rounded up to the nearest whole number; fractions less than 0.5
shall be rounded down.
Subd. 5 Affordable Housing Requirement
A. New Development Requirements
1. Developments subject to this ordinance shall provide affordable housing units
according to the following standards:
Options
Affordability
Maximum
Minimum % of
(Choose one)
Standard
household
Units
income
1
Ext. low income
30% AMI
5%
2
Very low income
50% AMI
5%
Page 2 of 6
A
N
3
Low income
60% AMI
7.5%
4
Workforce housing
80% AMI
10%
2. On -site parking shall be provided (either surface or enclosed) for affordable units
and shall be included within the affordable sales price and/or affordable rent. At
least one enclosed parking stall shall be included in the purchase price of an
affordable for -sale unit in the same manner as offered to buyers of market -rate
units.
3. For ownership housing (condominiums, townhomes/twin homes, duplexes,
triplexes, rowhouses, and four-plexes), at least 10% of units shall be affordable
to households at or below 110% of AMI, including any related and required
association or management fees.
Naturally Occurring Affordable Housing (NOAH) Replacement Requirement. If a
development demolishes or converts NOAH units, the new development must
replace those units at a minimum rate of 20% of total units affordable at 60% AMI.
Replacement units shall be comparable in bedroom count and total bedroom square
footage to the demolished units.
Integration and Design Standards
1. Distribution and Integration. Affordable units:
a. Shall be distributed throughout the development and not concentrated in
any single building, floor, or section.
b. Shall be proportionately distributed across all unit types (studio, 1-
bedroom, 2-bedroom, 3-bedroom, etc.).
c. Shall be indistinguishable from market -rate units in terms of exterior
appearance and quality of construction.
d. May be either "fixed" or "floating." Fixed units are those identified by unit
number and never change. Floating units may change over time as long
as the total number of units and any specific quantity of bedroom sizes or
total square footage in the property remains compliant with the original
Development Agreement.
2. Comparable Quality. Affordable units shall:
a. Have the same design, materials, and construction quality as market -rate
units.
b. Have comparable square footage and room sizes to market -rate units of
the same bedroom count.
c. Have comparable furniture, fixtures and equipment to market -rate units.
d. Have access to the same amenities, facilities, and services as market -
rate units.
e. Have proportional access to parking, including both surface and
enclosed parking if available.
Subd. 6 Affordability Controls
A. Rent Limits. Maximum rent for affordable units, including utilities, parking and all
mandatory fees, shall not exceed 30% of the applicable AMI level adjusted for
household size and bedroom count. Rent limits shall be based on Metro HRA Small
Area Fair Market Rents or Minnesota Housing income limits, whichever is more
restrictive.
B. Rental affordable dwelling units shall be rented only to income eligible families during
the period of affordability. A household that was income eligible at initial occupancy
may remain in the affordable dwelling unit for additional rental periods as long as the
Page 3of6
income of the household does not exceed one -hundred forty percent (140%) of the
applicable AMI.
C. Period of Affordability. Affordable units shall remain affordable for a minimum of 20
years from the date of initial certificate of occupancy. Affordability shall be secured
through a recorded covenant or deed restriction in a form approved by the City
Attorney.
D. Non -Discrimination. Developers, owners and managers shall not discriminate against
prospective tenants on the basis of source of income. Projects subject to this Policy
shall accept tenant -based rental housing assistance including but not limited to
Section 8 Housing Choice Vouchers, HOM tenant -based assistance and Housing
Support. Tenants with rental assistance may occupy an affordable dwelling unit with
the rent charged not exceeding the maximum allowed by Metro HRA or the
assistance provider.
Subd. 7 Regulatory Incentives. To offset the costs of providing affordable housing without
public subsidy, developments meeting the requirements of this ordinance, are
eligible for the following regulatory incentives:
A. Density Bonus. Developments providing affordable units at or below 80% AMI may
receive a density bonus of up to 25% above the maximum density otherwise
permitted, provided the increase does not negatively impact surrounding properties
or conflict with comprehensive plan goals.
Developments providing affordable units at or below 60% AMI may receive a density
bonus of up to 50% above the maximum density otherwise permitted, provided the
increase does not negatively impact surrounding properties or conflict with
comprehensive plan goals.
The density bonus shall not increase the number of required affordable units. Bonus
units may be market rate.
B. Lot Size and Width Reduction. Minimum lot size and lot width requirements may be
reduced by up to 25% for developments meeting affordability requirements, subject
to site plan approval and findings that public health, safety, and welfare are
protected.
C. Lot Coverage Increase. Maximum lot coverage may be increased by up to 10% for
developments meeting affordability requirements, subject to adequate stormwater
management and site plan approval design review.
D. Expedited Review. Applications for developments providing affordable units shall
receive priority review by city staff and may be placed ahead of other applications in
the review queue.
E. Parking Flexibility. The City may consider parking reductions of up to 25% for
developments meeting affordability requirements, provided adequate parking is
demonstrated through a parking study and subject to conditions ensuring affordable
unit residents have equitable access to parking at no additional charge.
Subd. 9 Affordable Housing Plan
A. Required Submission. All developments subject to this ordinance shall submit an
Affordable Housing Plan as part of the final development plan application. The plan
shall be approved by the City Council prior to issuance of building permits.
B. Plan Contents. The Affordable Housing Plan shall include:
1. Total number of units and number of affordable units by AMI level.
2. Unit mix showing bedroom counts or total square footage of leasable space for
both market -rate and affordable unit types.
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3. Site plan and floor plan showing location and distribution of affordable units.
4. Proposed rent levels for affordable units demonstrating compliance with
affordability limits.
5. Management plan describing marketing, tenant selection, income verification,
and annual reporting procedures.
6. Phasing plan showing proportional development of affordable and market -rate
units (if applicable).
7. Draft affordability covenant or deed restriction in form approved by the City
Attorney.
Subd. 10 Development Agreement
A. Required Agreement. Prior to issuance of building permits, the developer shall
execute a Development Agreement with the City. The agreement shall incorporate
the approved Affordable Housing Plan and set forth all commitments and obligations
of both parties.
B. Recorded Covenant. The developer shall execute and record with the County a
covenant or deed restriction, in form approved by the City Attorney, that runs with the
land and ensures continued affordability of designated units for the required period.
The covenant shall be recorded prior to issuance of certificates of occupancy.
C. Right of First Refusal. The agreement may include a right of first refusal providing the
City or designated affordable housing organization with the option to purchase the
property before it is offered on the open market, to preserve long-term affordability.
Subd. 11 Monitoring and Compliance
A. Annual Reporting. Property owners shall submit an annual report to the City
Administrator or designee by February 1 of each year, containing:
1. Total number of units and number of affordable units by AMI level.
2. List of all affordable units or sum total/percentage of leased square footage of
affordable units.
3. Current rent for each affordable unit.
4. Income verification documentation for new tenants.
5. Vacancy information.
6. Certification of compliance with all requirements of this ordinance and the
Development Agreement.
B. Monitoring and Inspection. The City reserves the right to inspect records and
properties to verify compliance with affordability requirements. Inspections shall be
conducted upon reasonable notice and during normal business hours.
C. Phasing Compliance. For phased developments, certificates of occupancy for
market -rate units shall not be issued until a proportionate number of affordable units
in that phase have received certificates of occupancy and are available for
occupancy.
Subd. 12 Alternative Compliance. The City Council may approve alternative methods of
compliance that provide equal or greater public benefit than strict application of this
ordinance. Any alternative proposal shall:
A. Provide at least as many affordable units at the same or lower income levels.
B. Maintain or exceed the quality and design standards required by this ordinance.
C. Demonstrate compelling circumstances justifying the alternative approach.
D. Be recommended for approval by city staff with detailed findings supporting the
public benefit.
Subd.13 Enforcement
A. Violations. Failure to comply with the requirements of this ordinance or the
Development Agreement constitutes a violation subject to enforcement action.
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Violations may result in withholding of certificates of occupancy, revocation of
permits, civil penalties, or other remedies available under law.
B. Remedies. The city may pursue any remedy available under law or equity to enforce
this ordinance. Remedies are cumulative and not exclusive.
Subd.14 Administration
A. Guidelines and Procedures. The City Administrator may adopt administrative
guidelines and procedures to implement this ordinance, subject to approval by the
City Council. Guidelines shall be published and made available to developers and
the public.
B. Annual Evaluation. The City Administrator or designee shall provide an annual report
to the City Council by October 1 of each year evaluating the implementation and
effectiveness of this ordinance, including the number of affordable units created,
compliance rates, and recommendations for amendments.
C. Periodic Review. The City Council shall review this ordinance at least every five
years to ensure it remains responsive to local housing needs, market conditions, and
regional housing goals. Amendments may be adopted following public hearing as
required by state law.
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Attachment I
Chapter 13 Zoning
1370 Administration and Enforcement
1370.01 Common Procedures
Subd. 1. Application Procedures for all Land Use Approvals. Land use applications for an
individual property may be initiated by:
A. The owner of the property that is the subject of the application; or
B. An agent authorized by the owner of the property that is the subject of the
application, which may include a lessee of the property. Evidence of such
authorization shall be the signature of the property owner.
1. If the property subject to an application is under more than one ownership, all
owners or their authorized agents shall join in filing the application.
C. The Planning Commission and City Council may initiate text and map amendments
to this chapter. If the subject of the amendment is a specific site or project, the
Planning Commission or City Council may initiate amendments with or without
application from the owner.
Subd. 2. Pre -application Meeting. A pre -application meeting with the Zoning Administrator
may be required by the City or requested by applicant prior to submission of any
application for a land use approval. The purpose of the meeting is to exchange
information regarding the proposed project, identify potential opportunities and
constraints for development of a given site, and familiarize the applicant with applicable
procedures and requirements from the City.
Subd. 3. Concept Plan.
A. The concept plan review process is an option for Planned Unit Developments or
complex proposals at the applicant's request. The Zoning Administrator may also
recommend a concept plan review.
B. The concept plan review process allows the applicant to gain information and
guidance from the Planning Commission and City Council regarding a specific
development concept before entering into binding agreements, incurring substantial
expense, or filing a land use approval application.
C. Process
1. Applicant meets with the Zoning Administrator to discuss the proposed
development.
2. Applicant submits plans and supporting information to sufficiently portray the
proposed development.
3. The Planning Commission reviews the concept plan and provides feedback to
the applicant.
4. The City Council reviews the concept plan and provide feedback to the applicant.
5. This process is intended to inform the applicant of the purpose and objectives of
these regulations, the Comprehensive Plan, and duly adopted plan
implementation devices of the City. Discussions that occur as part of the concept
plan process are not binding on the City and do not constitute official assurances
or representations on the City.
Subd. 4. Application Forms. All applications for land use approval shall be made on forms
approved by the City and available from the Zoning Administrator.
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A. Application Submittal. The completed land use application shall be submitted to the
Zoning Administrator, accompanied with supplemental materials required or deemed
necessary for review which may include, but are not limited to, a certified survey, site
plan, technical studies, and development plans.
B. Technical Studies. The City may require applicants for land use approvals to submit
technical studies as may be necessary to enable the Planning Commission and City
Council to evaluate the application. The studies may include, but shall not be limited
to, traffic studies, engineering studies, environmental impact assessments, and
economic impact reports. The costs of the studies shall be borne by the applicant,
with the persons or firms preparing the study approved by the Zoning Administrator.
C. Fees.
1. The fees for the various applications of this Code shall be established by the City
Council by ordinance. Such fees may be reviewed and revised by the Council
periodically.
2. The required fee is payable at the time of the filing of the application with the
Zoning Administrator. Applications shall not be placed on the Planning
Commission's agenda unless the appropriate fee has been paid; however, no fee
shall be charged for discussion items.
D. Application and Submission Deadlines.
1. The Zoning Administrator shall administratively set submission deadlines for all
applications requiring a public hearing in alignment with preparation for the
subsequent regular public meeting schedule of that year.
2. Compliance with the application submittal deadlines shall generally be required in
order to have the application placed on an agenda to be heard by the Planning
Commission or City Council.
E. Completeness of Application.
1. No application for land use approval shall be deemed complete until all items that
are required in support of the application have been submitted.
2. The Zoning Administrator shall find the application complete or incomplete within
15 business days from the date the application is made. If the application is
found to be incomplete, the Zoning Administrator shall notify the applicant in
writing and state what information is missing.
3. If the application is found to be complete, the date of submittal shall mark the
beginning of the review deadline.
4. If applicable, the Zoning Administrator shall also refer copies of the application
and required documentation to other City officials or state or federal agencies.
5. Pursuant to Minnesota Statutes §15.99., as it may be amended from time to time,
any application for land use approval shall be approved or denied within 60 days
from the date of its complete submission, unless this time is extended pursuant
to statute, time waiver granted by the applicant, or by the City providing written
notification to the applicant stating the reasons for the extension. Unilateral
extensions by the City may increase the 60 day review timeline by no more than
an additional 60 days.
Subd. 5. Expiration of Approved Land Use Applications.
A. Approval shall automatically expire and become void one year from and after the
date on which the City Council granted such approval if the building permit or other
approved improvements have not been issued a permit by the Building Official.
B. The City Council may extend the expiration date of such approval upon written
application by the person to whom the approval was granted.
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C. If the use for which any land use approval has been granted becomes prohibited and
has ceased to exist for a period of 90 consecutive days, the permit shall
automatically expire and become void at the end of such 90 day period unless
reinstated by the City Council.
Subd. 6. Amendments to a Land Use Approval Application.
A. An application for amendment shall be administered in the same manner as required
for a new application. Such applications shall include re -applications for permits that
have been denied, revoked, or have expired; renewal or temporary permits; requests
for changes in conditions; and such other instances as are provided in this Code.
B. Any structural alteration, enlargement or intensification change in site plan, or similar
change not specially permitted, shall require City Council action and all procedures
shall apply as if a new application were being requested; provided, however, that
when such changes are deemed to be insignificant by the Zoning Administrator, the
requirements of a public hearing may be waived.
Subd. 7. Periodic Review and Inspection.
A. It shall be the responsibility of the Zoning Administrator to perform a periodic review
of the permit, approval, and its conditions or any other limitations contained in the
approval, and advise the City Council of any breach thereof.
B. A violation of any condition set forth in the permit or approval shall be a violation of
this Code, and may be cause for revocation of the permit.
C. In the event that the Zoning Administrator recommends to City Council to revoke a
permit, the City Council shall cause written notice thereof to be given to the occupier,
and owner shall have an opportunity to be heard, but no further notice need be
given.
Subd. 8. Administrative Records.
A. The Zoning Administrator shall maintain a record of all approved, stamped and dated
plans, applications and permits issued, including information on the use, location,
conditions imposed, time limits, review dates, and such other information as may be
appropriate.
B. It shall be the responsibility of the Zoning Administrator to place on the Planning
Commission agenda and notify the City Council of any expiring time limit, prior to
expiration and/or violation of any approved applications.
1370.02 Procedures for Public Hearings
Subd. 1 Actions Requiring Public Hearings. The following land use applications require
that a public hearing be held prior to action by the City Council:
A. Amendments to the Zoning Text or Map (Rezoning)
B. Interim Use Permits
C. Conditional Use Permits
D. Planned Unit Developments
Subd. 2 Notice of Public Hearing.
A. For all land use approval applications requiring a public hearing as set forth in this
section, notification shall be given in the following manner:
1. A notice of the time, place, and purpose of the public hearing shall be published
in the official newspaper by the Zoning Administrator at least 10 days prior but no
more than 30 days before the hearing.
2. A required mailed notice, at least 10 days prior, but not more than 30 days before
the hearing, shall be sent to each owner of property situated wholly or partially
Page 3 of 15
within 350 feet of the boundary of the subject property on which the application
requiring the public hearing is situated, as identified in the records of the County
Assessor's office. The failure to give mailed notice to individual property owners,
or defects in the notice, shall not invalidate the proceedings, provided a bona fide
attempt to comply with this section has been made.
Subd. 3 Public Hearing by the Planning Commission.
A. The public hearing shall be held before the Planning Commission and be open to the
public.
E. The applicant or a representative shall be given the opportunity to appear before the
Planning Commission to answer questions or give explanations regarding the
proposal.
F. The Planning Commission shall be required to open the public hearing. No additional
public notices shall be required once the public hearing on the specific land use
application has been opened.
G. The Planning Commission may adjourn the public hearing to its next meeting, either
regular or special, and may continue its study and consideration of the application at
meetings subsequent to the meeting at which the public hearing was initially held.
H. Upon completion of the public hearing and its consideration of the application, the
decision of the Planning Commission containing the findings, conclusions, and
recommendations as to the application shall be submitted to the City Council as a
written report.
I. The Planning Commission shall keep minutes of its public hearings and shall also
keep records of its official actions.
J. Failure to receive a report from the Planning Commission, as herein provided, shall
not invalidate the proceedings or actions of the City Council.
Subd 4. Continuances.
A. Any applicant or authorized agent may request the continuance of a public hearing,
provided that a written request is filed with the Zoning Administrator at least two
business days prior to the date of scheduled public hearing.
B. The Planning Commission and City Council, upon majority vote, may grant a
continuance upon good cause, provided that the record indicates the reason for the
continuance, any conditions placed upon the continuance, and the date on which the
item will be considered.
C. At the discretion of the Planning Commission or City Council, re -notification of public
hearing may be required for continuances.
Subd. 5 Action by the City Council.
A. Within 60 days following the date of submittal of a complete application, the City
Council shall act upon the application. The City Council may only extend its time for
consideration and action beyond 120 days upon written request by the applicant.
Nothing in this paragraph shall prohibit the City Council from holding additional
hearings as it deems necessary within the review period.
B. In considering all land use applications, the City Council shall consider the advice
and recommendations of the Planning Commission and may grant the request if it
determines that the action is permissible in accordance with the applicable regulation
and standards.
C. Requests may be denied by motion of the City Council, and such motion shall
constitute a finding and determination that the conditions required for approval do not
exist.
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D. The City Council action may include approval in whole or in part, denial in whole or in
part, tabling for a specified period of time, additional hearings, or referral back to the
Planning Commission for further consideration and report to the City Council within a
specified review time period contained in Minnesota Statutes §15.99.
E. The Zoning Administrator shall notify the applicant for any land use approval, in
writing, of the City Council's action within 10 days.
F. In the event the City Council denies in whole or in part the application, it shall furnish
the applicant with a written document advising him of the denial and specifying the
factual basis and reasoning upon which the denial was predicated. The application
may be denied for reasons relating to public health, safety, and general welfare, or
because of incompatibility between the proposed use and the City's Comprehensive
Plan.
G. No application, which has been denied wholly or in part, shall be resubmitted for a
period of six months from the date of said order of denial, except on grounds of new
evidence or proof of a change in conditions.
Subd. 6 Recording. When an approval of a land use application has been made, the City
shall file with the County Recorder's Office a copy of any required approval documents
such as ordinances, resolutions, and agreements.
1370.03 Procedures for Actions Not Requiring Public Hearings
Subd. 1 Actions Not Requiring Public Hearings. The following land use applications do
not require a public hearing, unless determined needed by the Zoning Administrator or
specifically requested by the applicant:
A. Variances
B. Site Plan Reviews
Subd. 2 Notification of Adjoining Property Owners. The Zoning Administrator may
determine that adjoining property owners or other residents should be advised of a
specific proposal and be invited to the Planning Commission meeting to offer responses
to the application.
Subd. 3 Placing Request on Planning Commission Agenda. The Zoning Administrator
shall place the request on the Planning Commission Agenda and, if applicable, refer
copies of the application and required documentation to other City officials.
Subd. 4 Consideration by the Planning Commission.
A. The applicant or their representative shall be given the opportunity to appear before
the Planning Commission to answer questions or give explanations regarding the
proposal.
B. The Planning Commission may adjourn the discussion to its next meeting, either
regular or special, and may continue its study and consideration of the application at
meetings subsequent to the meeting at which the initial discussion occurred.
C. Upon completion of its study and consideration of the application, the decision of the
Planning Commission containing the findings, conclusions, and recommendations as
to the application shall be submitted to the City Council as a written report.
Subd. 5 Action by the City Council.
A. The City Council shall consider the advice and recommendations of the Planning
Commission and may approve the application if it determines that the application
complies with City standards. Applications may be denied by action of the City
Council, and such action shall constitute a finding and determination that the
conditions required for approval do not exist.
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B. The City Council must take action on the application in accordance with Section
1370.02 Subd. 5 of this Code. City Council action may include approval, denial, or
referral back to the Planning Commission.
1370.04 Application Specific Procedures
Subd. 1. Site Plan Review.
A. Applicability. A site plan review is required as follows:
1. New development, redevelopment, or additions to any business, industrial, or
multi -unit dwelling dwellings;
2. Changes in off-street parking for any nonresidential use;
3. As appropriate, site plan review shall occur concurrently with land use requests,
including, but not limited to:
a. Rezoning
b. Variance
c. Conditional Use Permit
d. Planned Unit Development/Planned Unit Development Amendment
B. Review Procedures.
1. The application shall be filed and processed pursuant to the common procedures
in Sections 1370.01 and 1370.03.
2. Minor site plan review. The following minor changes to a site plan may be
reviewed and approved administratively by the Zoning Administrator:
a. New construction or modification of any accessory structure under 200
square feet in size.
b. Building fagade improvements or modifications which do not expand the
footprint of the building.
c. Changes in use of leasable space in single or multi -tenant buildings where a
change of tenant requires additional off-street parking.
d. Modification of landscaping or other site improvements which are unrelated to
a building modification or addition.
e. Waiving or modification of screening or buffer requirements where the intent
is being met by significant changes in elevation, existing screening,
significant distance, or similar circumstances.
f. Improvements or modifications to nonconforming structures.
g. Expansion or modification of off-street parking.
h. New construction or modification of any accessory structure under 200
square feet in size.
i. Building fagade improvements or modifications which do not expand the
footprint of the building.
j. Changes in use of leasable space in single or multi -tenant buildings where a
change of tenant requires additional off-street parking.
k. Modification of landscaping or other site improvements which are unrelated to
a building modification or addition.
Improvements or modifications to nonconforming structures.
m. Expansion or modification of off-street parking.
C. Expiration of site plan.
1. Unless otherwise specified, the approved site plan shall become null and void
within one year of the date of approval unless the property owner or applicant
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has applied for and received any required building permits for any building,
structure, addition, or alteration requested as part of the approved plan or unless
a petition for a time extension has been granted by the City Council.
2. The extension request shall be submitted in writing at least 30 days prior to
expiration of the site plan and shall state facts showing a good faith effort to
complete work permitted under the original approval.
D. Enforcement. The Building Official shall have the authority to order the stopping of
any and all site improvement activities, when and where a violation of the provisions
of this section has been officially documented by the Building Official.
Subd.2. Variance.
A. Purpose and Intent. The variance request shall comply with the purpose and intent
provisions of City's Zoning Regulations and with the policies of the City's
Comprehensive Plan.
B. Applicability
1. Variances are required when a proposed development is not able to meet the
specific provisions of the zoning district in which the property is located.
Variances usually pertain to dimensional or numerical requirements but may
apply to other requirements as well.
2. The City Council consistent with the authority granted by law, may grant a
property owner a variance from compliance with the literal provisions of the
zoning code in an instance where strict enforcement would cause practical
difficulties to the individual property owner, and when it can be demonstrated that
such action will be in keeping with the spirit and intent of the Code.
C. Variances to allow uses that are not identified in a zoning district as a permitted,
permitted with standards, conditional, or accessory use, are prohibited.
D. Application Submittal
1. The application for a variance shall be filed pursuant to the common procedures
in Sections 1370.01 and 1370.03.
2. No variance application shall be accepted for a property located within the
floodplain until the applicant demonstrates that all required state and federal
permits have been obtained. The applicant shall submit a copy of all required
state and federal permits to the City concurrently with the required variance
application form, fee, and all other required application materials.
3. Action to Approve. Three affirmative votes of the City Council are required to
approve the granting of a variance.
4. Criteria for Review. The following criteria shall be applied to the City Council's
review of a variance application:
a. Practical Difficulties. The applicant for a variance shall establish that there are
practical difficulties in complying with the provisions of the Arden Hills Zoning
Regulations. The term "Practical Difficulties" as used in the granting of a
variance means:
i. Reasonable Use. The property owner proposes to use the property in a
reasonable manner not permitted by the Zoning Ordinance.
ii. Unique Circumstances. The plight of property owner is due to
circumstances unique to the property not created by the landowner.
iii. Character of Neighborhood. The variance, if granted, will not alter the
essential character of the neighborhood.
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b. Economic Consideration. Economic consideration alone does not constitute a
practical difficulty.
c. Access to Sunlight. Inadequate access to direct sunlight for solar energy
systems shall be considered a practical difficulty.
d. Earth Sheltered Housing. Earth sheltered construction, as defined in
Minnesota Statutes §216(C).06, Subd. 14, shall be considered a practical
difficulty if the property is otherwise in compliance with the Arden Hills Zoning
Regulations.
E. Conditions to Ensure Compliance. The City Council may impose conditions in
granting a variance. A condition must be directly related to and must bear a rough
proportionality to the impact created by the variance.
Subd. 3. Conditional Use Permit (CUP).
A. Purpose and Intent.
1. It is recognized that certain uses, although generally compatible with the basic
use classification of a particular zoning district, should not be permitted generally
and as a matter of right to be located in every area included within the zoning
district because of potential hazards inherent in the use itself or special
circumstances which its proposed location may present. Such a use of a
particular site may, nevertheless, be conditionally permitted by means of a
conditional use permit.
2. No building permit shall be issued for any use in a zoning district which requires
the issuance of a conditional use permit before it can be located in the particular
district, until after the conditional use permit has been granted by the City
Council.
B. Application for Conditional Use Permit.
1. Any person having a legal or equitable interest in a property may file an
application for a conditional use permit. The application shall be filed with the
Zoning Administrator following the common procedures in Sections 1370.01 and
1370.02.
2. A pre -application meeting may be required or conducted upon request of the
applicant in accordance with the common procedures in Section 1370.01.
C. Public Hearing. The Planning Commission shall hold a required public hearing on
each complete application for a conditional use permit, pursuant to the common
procedures in Section 1370.02.
D. Action by City Council on Conditional Use Permit.
1. The City Council shall make the final decision regarding all applications for a
conditional use.
2. Three affirmative votes of the City Council are required to approve a conditional
use permit and the action of the City Council must include a determination that
the facts and circumstances of the particular case warrant the granting of the
permit.
3. The Council shall consider the factual findings, conclusions, and
recommendations of the Planning Commission, as contained in its report, and
both shall consider the effect of the proposed use upon the health, safety,
convenience, and general welfare of the owners and occupants of surrounding
land, in particular, and the community as a whole.
4. The permit shall be granted solely for the proposed use of a particular site, not
for a particular person or business.
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5. An approved conditional use permit shall be recorded and remains valid
indefinitely in connection to the property unless limited by its approval conditions.
Revocation may occur if it meets the requirements in subsection (1).
E. Required Findings for Conditional Use Permits. In determining whether to grant a
conditional use permit for the proposed principal or accessory use of a particular site,
the Planning Commission and City Council shall make each of the following findings:
1. The use is consistent with the applicable policies and recommendations of the
City's Comprehensive Plan or other adopted land use studies.
2. The use will provide adequate ingress and egress to minimize traffic congestion
in the public streets and adequate measures have been or will be taken to
mitigate traffic impacts in the public streets, to provide for adequate on -site
circulation of traffic, and to prioritize pedestrian movements.
3. The use will not be detrimental to the existing or intended character of the
development in the surrounding area or endanger the public health, safety, and
general welfare.
4. The use will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
5. The use, in all other respects, conforms to the applicable regulations of the
district in which it is located.
F. Imposition of Conditions.
1. In the granting of a conditional use permit, the City Council may impose
conditions, in addition to the general conditions and requirements of this Code to
which every conditional use permit shall be subject, as it deems necessary to
serve and protect the health, safety, convenience, and general welfare of the
community. Such conditions may include, among other things, a time limit within
which the conditional use or a portion thereof, or improvements in connection
therewith are to be established, constructed, completed or commenced, and a
requirement that the person or firm to whom the conditional use permit has been
granted deposit with the City either cash or a performance bond in a sum equal
to 125% of the estimated cost, as determined by the City Engineer, of
improvements to be constructed in accordance with the permit to insure
completion thereof within the time limit specified in the permit.
2. The conditions so imposed by the City Council shall be specifically stated in the
permit and maybe subject to periodic review as determined by the City Council.
3. The violation of any special or general condition set forth in a conditional use
permit shall constitute a violation of this Code.
G. Compliance
1. After the conditional use permit has been granted, the use conditionally permitted
thereunder shall be established, conducted, and maintained in conformity with
the terms thereof, including all conditions set forth therein.
2. Any structural alteration, enlargement, or intensification thereof, or similar change
not specifically permitted by the permit, shall require an amended permit, and all
procedures shall apply as if a new permit were being requested; provided,
however, that when such changes are deemed to be insignificant by the Zoning
Administrator, the requirements of a public hearing may be waived.
H. Expiration of Conditional Use Permits. If substantial development or construction has
not taken place within one year of the date of approval of a conditional use permit,
the permit shall be considered void unless a petition for a time extension has been
granted by the City Council. The extension request shall be submitted in writing at
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least 30 days prior to expiration of the conditional use permit and shall state facts
showing a good faith effort to complete work permitted under the original approval.
I. Revocation of a Conditional Use Permit. A CUP may be revoked if, after following
the same process as used for the issuance of the CUP, the City Council determines
that the conditions of the CUP are no longer being met.
Subd. 4. Interim Use Permit (IUP)
A. Purpose and Intent. The purpose and intent of allowing interim uses is:
1. To allow a use that is presently acceptable, but that with anticipated development
or redevelopment, will not be acceptable in the future or will be replaced by a
permitted, permitted with standards, or conditional use allowed within the
respective zoning district.
B. Application for an Interim Use Permit.
1. Any person having a legal or equitable interest in a property may file an
application for an interim use permit. The application shall be filed with the
Zoning Administrator following the common procedures in Section 1370.01 and
1370.02.
2. A pre -application meeting may be required or conducted upon request of the
applicant in accordance with the common procedures in Section 1370.01.
3. An interim use permit is granted for a specific use at a specific site, not for a
person or business.
4. Designated Uses. Uses for which interim use permits are required and the zoning
districts in which they are allowed are designated in the land use chart as set
forth in Section 1320 hereof. No building permit shall be issued for an interim use
until after the interim use permit has been granted by the City Council.
C. Review Process
1. Public Hearing. A public hearing is required. The Planning Commission shall hold
a public hearing on each complete application for an interim use permit, pursuant
to the common procedures in Section 1370.02.
2. Action to Approve. Three affirmative votes of the City Council are required to
approve an interim use permit, and the City Council must include a determination
that the facts and circumstances of the particular case warrant granting the
permit.
3. Permit Evaluation. When reviewing the interim use permit application, the City
Council shall consider the factual findings, ability to meet the special
requirements of the interim use, and the conclusions and recommendations of
the Planning Commission. An interim use permit may be granted only if the City
Council finds the following:
a. The use is allowed as an interim use in the underlying zoning district and
conforms to the zoning regulations;
b. Permission of the interim use will not impose additional costs on the public if
it is necessary for the public to take the property in the future;
c. The use will not adversely impact nearby properties through nuisance, noise,
dust, glare, or unsightliness, and will not otherwise adversely impact the
health, safety, and welfare of the community;
d. The use will not adversely impact traffic and parking;
e. The use will not adversely impact implementation of future amendment to the
City's Comprehensive Plan;
f. The date or event that will terminate the use is identified with certainty;
Page 10 of 15
g. The applicant has signed a consent agreement demonstrating that the
applicant, owner, operator, tenant, and/or user has no entitlement to an
extension of the interim use permit;
h. The user agrees to all conditions that the City Council deems appropriate for
permission of the use including the requirement of appropriate financial
surety to cover the cost of removing the interim use and any interim
structures upon expiration of the interim use permit;
i. There are no delinquent property taxes, special assessments, interest, or City
utility fees due upon the subject parcel;
j. The term of the interim use does not exceed three years; and,
k. Any special requirements in Section 1320 or 1340 for a particular interim use
are met.
4. Imposition of Conditions. In the granting of an interim use permit, the City Council
may impose such conditions, in addition to the general conditions and
requirements of this Code to which every interim use permit shall be subject, as it
deems necessary to serve and protect the health, safety, convenience, and
general welfare of the community.
D. Termination. An interim use shall terminate on the occurrence of any of the following
events, whichever occurs first:
1. The date stated on the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon sale of the property;
4. Upon change in the City's zoning regulations which renders the use
nonconforming;
5. The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the underlying zoning district; and
6. If the use for which the interim use permit has been granted has ceased or has
been discontinued for a period of 90 consecutive days, the permit shall
automatically expire and become void at the end of such ninety -day period.
E. Suspension and Revocation. The City Council may suspend or revoke an interim use
permit upon finding that the activities allowed under the permit adversely affect the
public health, safety, or welfare in ways not anticipated during approval of the permit.
A suspension or revocation of an interim use permit shall be preceded by written
notice to the permittee and a hearing. The notice shall provide at least 10 days notice
of the time and place of the hearing and shall state the nature of the violation(s). The
notice shall be mailed to the permittee at the most recent address listed on the
application.
Subd. 5. Planned Unit Development (PUD).
A. Purpose and Intent. The establishment of a planned unit development (PUD)
provides design flexibility to promote creative and efficient use of land. Planned unit
development provisions are also intended to create public and private benefit by
allowing improved site design; allowing developments on multiple lots to function as
one coordinated site; facilitating protection of natural features; allowing flexibility for
unique developments; and ensuring coordination of phased development.
B. Applicability
1. PUDs are allowed in any zoning district with the approved plan serving as the
new development regulations and thereby superseding the provisions of this
Code.
Page 11 of 15
2. The establishment of a PUD provides design flexibility to promote creative and
efficient use of land.
3. PUD provisions are also intended to create public and private benefit by allowing
improved site design; allowing developments on multiple lots to function as one
coordinated site; facilitating protection of natural features; allowing flexibility for
unique developments; and ensuring coordination of phased development.
C. Application
1. The PUD application and review procedure involves an optional concept PUD
plan, pursuant to the common procedures in Section 1370.01 and 1370.02,
including a master PUD plan stage, and a final PUD plan stage.
2. Effect of Concept Plan Review. The application for a concept PUD plan has no
limitation on the period of time in which to apply for master plan PUD approval.
3. If Staff has determined a PUD to be suitable, applicants may apply for concurrent
master PUD plan and final PUD plan approval by submitting all information
required for both applications simultaneously.
4. The application for a final PUD plan shall be submitted no later than one year
after the date of approval of the master PUD plan; otherwise, the master PUD
plan and the final PUD plan will be considered void unless an extension is
requested in writing by the applicant and granted by the City.
5. The final PUD plan shall cover at least 20 percent of the area approved by the
master PUD plan unless otherwise allowed by the City Council due to unique
circumstances of the master PUD plan.
D. Review Process
1. Master PUD Plan Stage
a. Public Hearing.
i. A public hearing is required at the master PUD plan stage. The Planning
Commission shall hold a public hearing on each complete application for
a PUD, pursuant to the common procedures in Section 1370.01.
ii. The public hearing may be combined with the required public hearing for
additional land use approvals, such as a zoning map amendment or a
preliminary plat .
b. Action to Approve. Four affirmative votes of the City Council are required for
approval of the master PUD plan.
c. Effect of Master PUD Plan Stage Approval. The applicant for a master PUD
plan which has been approved by the City Council shall apply for a final PUD
plan or the first stage of the final PUD plan within six months, unless some
other phasing plan has been approved by the City Council or unless a written
request for a time extension has been approved by the City Council in
advance of the expiration date.
2. Final PUD Plan.
a. The applicant shall submit a final PUD plan for all elements of the master
PUD plan that are to be developed imminently.
b. A final PUD plan for the PUD shall be submitted for each stage of
development/construction.
c. Final PUD Plan Procedure. The Site Plan Review process in Section
1370.04, Subd. 1, shall be followed.
d. Three affirmative votes of the City Council are required to approve a final
PUD plan.
Page 12 of 15
E. Amendment to a PUD
1. Modifications to an approved PUD that has not been constructed or to an existing
PUD which do not conform to the approved final PUD plan shall be processed as
either a administrative or major amendment
2. Minor Amendment.
a. A minor amendment involves modifications to the PUD that are minimal in
nature and that do not deviate from the original intent.
b. An administrative amendment may be approved by the Zoning Administrator
unless the Zoning Administrator determines that the proposed amendment
needs to be reviewed as a major amendment.
c. Decisions of the Zoning Administrator may be appealed to the City Council as
outlined in Section 1370.05.
d. In order to qualify as an administrative amendment, the proposed
amendment shall meet all of the following:
i. The amendment shall be consistent with the vision for the PUD as it was
originally approved;
ii. The uses proposed are pre-existing uses, allowed in the original approval,
or permitted in the underlying zoning district;
iii. The buildings, parking areas, and roads are in essentially the same
location as the approved PUD;
iv. The number of dwelling units, if any, has not increased or decreased by
more than five percent;
v. The floor area of nonresidential areas has not been increased or
decreased by more than five percent;
vi. No building has been increased in the number of floors; and
vii. Impervious coverage has not been increased by more than five percent.
3. Major Amendment. Any proposed changes to a PUD that do not qualify as a
minor amendment shall be considered a major amendment. Major amendments
shall follow the same process as the original approval.
Subd. 6. Zoning Text or Map Amendment
A. Purpose and Intent. Whenever the public necessity, convenience, general welfare, or
good zoning practice requires, the City Council may, by Ordinance:
1. Require a rezoning to change the zoning district classification, boundaries
established by this Code, and the Official Zoning Map.
2. Require amendments to the Zoning Code text when an applicant seeks to
classify a specific use in a district that otherwise does not allow it or to
permanently change other text requirements of the Zoning Code.
B. Application Submittal.
1. The application for a zoning text or map amendment shall be filed pursuant to the
common procedures in Section 1370.01 and 1370.02.
2. A pre -application meeting may be required or conducted upon request of the
applicant in accordance with the common procedures in Section 1370.01.
C. Review Process.
1. Written, and graphic documentation if applicable, shall be provided by the
applicant, explaining why the proposed amendment is superior to the existing
zoning map or text, and outlining what changes that have occurred that make the
amendment appropriate.
Page 13 of 15
a. Business and Industrial District Rezoning. Before any new area is rezoned to
a business or industrial classification, the property must be located adjacent
to an arterial or collector road as shown in the City's Comprehensive Plan, or
it must be shown that the rezoning will be an extension of an existing
business or industrial district and in conformance with the intent of the
Comprehensive Plan.
2. If a proposed rezoning is not consistent with the Arden Hills Comprehensive
Plan, the applicant shall apply for a Comprehensive Plan amendment
concurrently with the application for rezoning.
3. Public Hearing. A public hearing is required for a zoning text or map amendment.
The Planning Commission shall hold a public hearing on each complete
application for a zoning code or map amendment, pursuant to the common
procedures in Section 1370.02.
D. Action to Approve.
1. Three affirmative votes of the City Council are required for action to amend the
text of the Zoning Code. The zoning text amendment shall be in the form of an
ordinance that is approved by the City Council and published.
2. Three affirmative votes of the City Council are required to rezone property from
one district to another, except that the rezoning of property from residential use to
an industrial use shall require approval by four affirmative votes of the City
Council. The amendment for a zoning map change shall be in the form of an
ordinance that includes the property rezoned by its legal description. The zoning
map amendment ordinance shall be approved by the City Council and published.
It shall not be necessary to publish a zoning map to effectuate a zoning map
amendment.
1370.05 Appeals
Subd.1. Applicability.
A. Any affected person may initiate a request by filing an appeal with the Zoning
Administrator on an approved form.
B. All appeals shall be filed within 15 business days of the date of the decision.
Subd.2. Procedure.
A. The Planning Commission shall hear any appeals where it is alleged that there is an
error in any order, requirement, decision, or determination made by an Administrative
Officer in the interpretation, application, and/or enforcement of this Code. The
Planning Commission shall report its findings and recommendations to the City
Council for action.
B. The findings and determinations made by the Planning Commission shall be
advisory only and shall have no binding effect. The City Council shall take such
action on the findings and recommendations of the Planning Commission, as it
deems proper in the circumstances.
C. The City Council, acting as the Board of Appeals and Adjustments, shall make the
final decision regarding all appeal requests. Approval shall require a majority vote of
the City Council.
D. Expiration of Appeal.
3. If substantial development or construction has not taken place within one year of
the date of approval of an appeal, the appeal shall be considered void unless a
petition for a time extension has been granted by the City Council.
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4. The extension request shall be submitted in writing at least 30 days prior to
expiration of the appeal and shall state facts showing a good faith effort to
complete work permitted under the original approval.
E. Judicial review. Any person aggrieved by a decision or order of the City Council
acting pursuant to this chapter may have the decision or order reviewed by the
District Court, subject to the provisions of state law.
1370.06 Enforcement
Subd. 1 Enforcing Officer.
A. This Code shall be administered and interpreted by the Zoning Administrator and
enforced by the City Council through the Building Official and/or Code
Enforcement Officer. The Council may institute in the name of the City any
appropriate actions or proceedings against a violator as provided by law.
B. The Administrative Officer shall:
1. Determine if applications comply with the requirements of this Code;
2. Cause the Building Official/Code Enforcement Officer to conduct inspections
of buildings and the use of land to determine compliance with the
requirements of this Code;
3. Issue notices of Code violations when necessary.
4. Maintain current and permanent records of this Code, including but not
limited to, the zoning map, amendments, conditional use permits, variances,
appeals, and applications.
5. Receive, file, and forward all applications for appeals, variances, conditional
use permits, and amendments to the appropriate official bodies.
Page 15 of 15
Attachment I
Chapter 13 Zoning
1370 Administration and Enforcement
1370.01 Common Procedures
Subd. 1. Application Procedures for all Land Use Approvals. Land use applications for an
individual property may be initiated by:
A. The owner of the property that is the subject of the application; or
B. An agent authorized by the owner of the property that is the subject of the
application, which may include a lessee of the property. Evidence of such
authorization shall be the signature of the property owner.
1. If the property subject to an application is under more than one ownership, all
owners or their authorized agents shall join in filing the application.
C. The Planning Commission and City Council may initiate text and map amendments
to this chapter. If the subject of the amendment is a specific site or project, the
Planning Commission or City Council may initiate amendments with or without
application from the owner.
Subd. 2. Pre -application Meeting. A pre -application meeting with the Zoning Administrator
may be required by the City or requested by applicant prior to submission of any
application for a land use approval. The purpose of the meeting is to exchange
information regarding the proposed project, identify potential opportunities and
constraints for development of a given site, and familiarize the applicant with applicable
procedures and requirements from the City.
Subd. 3. Concept Plan.
A. The concept plan review process is an option for Planned Unit Developments or
complex proposals at the applicant's request. The Zoning Administrator may also
recommend a concept plan review.
B. The concept plan review process allows the applicant to gain information and
guidance from the Planning Commission and City Council regarding a specific
development concept before entering into binding agreements, incurring substantial
expense, or filing a land use approval application.
C. Process
1. Applicant meets with the Zoning Administrator to discuss the proposed
development.
2. Applicant submits plans and supporting information to sufficiently portray the
proposed development.
3. The Planning Commission reviews the concept plan and provides feedback to
the applicant.
4. The City Council reviews the concept plan and provide feedback to the applicant.
5. This process is intended to inform the applicant of the purpose and objectives of
these regulations, the Comprehensive Plan, and duly adopted plan
implementation devices of the City. Discussions that occur as part of the concept
plan process are not binding on the City and do not constitute official assurances
or representations on the City.
Subd. 4. Application Forms. All applications for land use approval shall be made on forms
approved by the City and available from the Zoning Administrator.
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A. Application Submittal. The completed land use application shall be submitted to the
Zoning Administrator, accompanied with supplemental materials required or deemed
necessary for review which may include, but are not limited to, a certified survey, site
plan, technical studies, and development plans.
B. Technical Studies. The City may require applicants for land use approvals to submit
technical studies as may be necessary to enable the Planning Commission and City
Council to evaluate the application. The studies may include, but shall not be limited
to, traffic studies, engineering studies, environmental impact assessments, and
economic impact reports. The costs of the studies shall be borne by the applicant,
with the persons or firms preparing the study approved by the Zoning Administrator.
C. Fees.
1. The fees for the various applications of this Code shall be established by the City
Council by ordinance. Such fees may be reviewed and revised by the Council
periodically.
2. The required fee is payable at the time of the filing of the application with the
Zoning Administrator. Applications shall not be placed on the Planning
Commission's agenda unless the appropriate fee has been paid; however, no fee
shall be charged for discussion items.
D. Application and Submission Deadlines.
1. The Zoning Administrator shall administratively set submission deadlines for all
applications requiring a public hearing in alignment with preparation for the
subsequent regular public meeting schedule of that year.
2. Compliance with the application submittal deadlines shall generally be required in
order to have the application placed on an agenda to be heard by the Planning
Commission or City Council.
E. Completeness of Application.
1. No application for land use approval shall be deemed complete until all items that
are required in support of the application have been submitted.
2. The Zoning Administrator shall find the application complete or incomplete within
15 business days from the date the application is made. If the application is
found to be incomplete, the Zoning Administrator shall notify the applicant in
writing and state what information is missing.
3. If the application is found to be complete, the date of submittal shall mark the
beginning of the review deadline.
4. If applicable, the Zoning Administrator shall also refer copies of the application
and required documentation to other City officials or state or federal agencies.
5. Pursuant to Minnesota Statutes §15.99., as it may be amended from time to time,
any application for land use approval shall be approved or denied within 60 days
from the date of its complete submission, unless this time is extended pursuant
to statute, time waiver granted by the applicant, or by the City providing written
notification to the applicant stating the reasons for the extension. Unilateral
extensions by the City may increase the 60 day review timeline by no more than
an additional 60 days.
Subd. 5. Expiration of Approved Land Use Applications.
A. Approval shall automatically expire and become void one year from and after the
date on which the City Council granted such approval if the building permit or other
approved improvements have not been issued a permit by the Building Official.
B. The City Council may extend the expiration date of such approval upon written
application by the person to whom the approval was granted.
Page 2 of 15
C. If the use for which any land use approval has been granted becomes prohibited and
has ceased to exist for a period of 90 consecutive days, the permit shall
automatically expire and become void at the end of such 90 day period unless
reinstated by the City Council.
Subd. 6. Amendments to a Land Use Approval Application.
A. An application for amendment shall be administered in the same manner as required
for a new application. Such applications shall include re -applications for permits that
have been denied, revoked, or have expired; renewal or temporary permits; requests
for changes in conditions; and such other instances as are provided in this Code.
B. Any structural alteration, enlargement or intensification change in site plan, or similar
change not specially permitted, shall require City Council action and all procedures
shall apply as if a new application were being requested; provided, however, that
when such changes are deemed to be insignificant by the Zoning Administrator, the
requirements of a public hearing may be waived.
Subd. 7. Periodic Review and Inspection.
A. It shall be the responsibility of the Zoning Administrator to perform a periodic review
of the permit, approval, and its conditions or any other limitations contained in the
approval, and advise the City Council of any breach thereof.
B. A violation of any condition set forth in the permit or approval shall be a violation of
this Code, and may be cause for revocation of the permit.
C. In the event that the Zoning Administrator recommends to City Council to revoke a
permit, the City Council shall cause written notice thereof to be given to the occupier,
and owner shall have an opportunity to be heard, but no further notice need be
given.
Subd. 8. Administrative Records.
A. The Zoning Administrator shall maintain a record of all approved, stamped and dated
plans, applications and permits issued, including information on the use, location,
conditions imposed, time limits, review dates, and such other information as may be
appropriate.
B. It shall be the responsibility of the Zoning Administrator to place on the Planning
Commission agenda and notify the City Council of any expiring time limit, prior to
expiration and/or violation of any approved applications.
1370.02 Procedures for Public Hearings
Subd. 1 Actions Requiring Public Hearings. The following land use applications require
that a public hearing be held prior to action by the City Council:
A. Amendments to the Zoning Text or Map (Rezoning)
B. Interim Use Permits
C. Conditional Use Permits
D. Planned Unit Developments
Subd. 2 Notice of Public Hearing.
A. For all land use approval applications requiring a public hearing as set forth in this
section, notification shall be given in the following manner:
1. A notice of the time, place, and purpose of the public hearing shall be published
in the official newspaper by the Zoning Administrator at least 10 days prior but no
more than 30 days before the hearing.
2. A required mailed notice, at least 10 days prior, but not more than 30 days before
the hearing, shall be sent to each owner of property situated wholly or partially
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within 350 feet of the boundary of the subject property on which the application
requiring the public hearing is situated, as identified in the records of the County
Assessor's office. The failure to give mailed notice to individual property owners,
or defects in the notice, shall not invalidate the proceedings, provided a bona fide
attempt to comply with this section has been made.
Subd. 3 Public Hearing by the Planning Commission.
A. The public hearing shall be held before the Planning Commission and be open to the
public.
E. The applicant or a representative shall be given the opportunity to appear before the
Planning Commission to answer questions or give explanations regarding the
proposal.
F. The Planning Commission shall be required to open the public hearing. No additional
public notices shall be required once the public hearing on the specific land use
application has been opened.
G. The Planning Commission may adjourn the public hearing to its next meeting, either
regular or special, and may continue its study and consideration of the application at
meetings subsequent to the meeting at which the public hearing was initially held.
H. Upon completion of the public hearing and its consideration of the application, the
decision of the Planning Commission containing the findings, conclusions, and
recommendations as to the application shall be submitted to the City Council as a
written report.
I. The Planning Commission shall keep minutes of its public hearings and shall also
keep records of its official actions.
J. Failure to receive a report from the Planning Commission, as herein provided, shall
not invalidate the proceedings or actions of the City Council.
Subd 4. Continuances.
A. Any applicant or authorized agent may request the continuance of a public hearing,
provided that a written request is filed with the Zoning Administrator at least two
business days prior to the date of scheduled public hearing.
B. The Planning Commission and City Council, upon majority vote, may grant a
continuance upon good cause, provided that the record indicates the reason for the
continuance, any conditions placed upon the continuance, and the date on which the
item will be considered.
C. At the discretion of the Planning Commission or City Council, re -notification of public
hearing may be required for continuances.
Subd. 5 Action by the City Council.
A. Within 60 days following the date of submittal of a complete application, the City
Council shall act upon the application. The City Council may only extend its time for
consideration and action beyond 120 days upon written request by the applicant.
Nothing in this paragraph shall prohibit the City Council from holding additional
hearings as it deems necessary within the review period.
B. In considering all land use applications, the City Council shall consider the advice
and recommendations of the Planning Commission and may grant the request if it
determines that the action is permissible in accordance with the applicable regulation
and standards.
C. Requests may be denied by motion of the City Council, and such motion shall
constitute a finding and determination that the conditions required for approval do not
exist.
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D. The City Council action may include approval in whole or in part, denial in whole or in
part, tabling for a specified period of time, additional hearings, or referral back to the
Planning Commission for further consideration and report to the City Council within a
specified review time period contained in Minnesota Statutes §15.99.
E. The Zoning Administrator shall notify the applicant for any land use approval, in
writing, of the City Council's action within 10 days.
F. In the event the City Council denies in whole or in part the application, it shall furnish
the applicant with a written document advising him of the denial and specifying the
factual basis and reasoning upon which the denial was predicated. The application
may be denied for reasons relating to public health, safety, and general welfare, or
because of incompatibility between the proposed use and the City's Comprehensive
Plan.
G. No application, which has been denied wholly or in part, shall be resubmitted for a
period of six months from the date of said order of denial, except on grounds of new
evidence or proof of a change in conditions.
Subd. 6 Recording. When an approval of a land use application has been made, the City
shall file with the County Recorder's Office a copy of any required approval documents
such as ordinances, resolutions, and agreements.
1370.03 Procedures for Actions Not Requiring Public Hearings
Subd. 1 Actions Not Requiring Public Hearings. The following land use applications do
not require a public hearing, unless determined needed by the Zoning Administrator or
specifically requested by the applicant:
A. Variances
B. Site Plan Reviews
Subd. 2 Notification of Adjoining Property Owners. The Zoning Administrator may
determine that adjoining property owners or other residents should be advised of a
specific proposal and be invited to the Planning Commission meeting to offer responses
to the application.
Subd. 3 Placing Request on Planning Commission Agenda. The Zoning Administrator
shall place the request on the Planning Commission Agenda and, if applicable, refer
copies of the application and required documentation to other City officials.
Subd. 4 Consideration by the Planning Commission.
A. The applicant or their representative shall be given the opportunity to appear before
the Planning Commission to answer questions or give explanations regarding the
proposal.
B. The Planning Commission may adjourn the discussion to its next meeting, either
regular or special, and may continue its study and consideration of the application at
meetings subsequent to the meeting at which the initial discussion occurred.
C. Upon completion of its study and consideration of the application, the decision of the
Planning Commission containing the findings, conclusions, and recommendations as
to the application shall be submitted to the City Council as a written report.
Subd. 5 Action by the City Council.
A. The City Council shall consider the advice and recommendations of the Planning
Commission and may approve the application if it determines that the application
complies with City standards. Applications may be denied by action of the City
Council, and such action shall constitute a finding and determination that the
conditions required for approval do not exist.
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B. The City Council must take action on the application in accordance with Section
1370.02 Subd. 5 of this Code. City Council action may include approval, denial, or
referral back to the Planning Commission.
1370.04 Application Specific Procedures
Subd. 1. Site Plan Review.
A. Applicability. A site plan review is required as follows:
1. New development, redevelopment, or additions to any business, industrial, or
multi -unit dwelling dwellings;
2. Changes in off-street parking for any nonresidential use;
3. As appropriate, site plan review shall occur concurrently with land use requests,
including, but not limited to:
a. Rezoning
b. Variance
c. Conditional Use Permit
d. Planned Unit Development/Planned Unit Development Amendment
B. Review Procedures.
1. The application shall be filed and processed pursuant to the common procedures
in Sections 1370.01 and 1370.03.
2. Minor site plan review. The following minor changes to a site plan may be
reviewed and approved administratively by the Zoning Administrator:
a. New construction or modification of any accessory structure under 200
square feet in size.
b. Building fagade improvements or modifications which do not expand the
footprint of the building.
c. Changes in use of leasable space in single or multi -tenant buildings where a
change of tenant requires additional off-street parking.
d. Modification of landscaping or other site improvements which are unrelated to
a building modification or addition.
e. Waiving or modification of screening or buffer requirements where the intent
is being met by significant changes in elevation, existing screening,
significant distance, or similar circumstances.
f. Improvements or modifications to nonconforming structures.
g. Expansion or modification of off-street parking.
h. New construction or modification of any accessory structure under 200
square feet in size.
i. Building fagade improvements or modifications which do not expand the
footprint of the building.
j. Changes in use of leasable space in single or multi -tenant buildings where a
change of tenant requires additional off-street parking.
k. Modification of landscaping or other site improvements which are unrelated to
a building modification or addition.
Improvements or modifications to nonconforming structures.
m. Expansion or modification of off-street parking.
C. Expiration of site plan.
1. Unless otherwise specified, the approved site plan shall become null and void
within one year of the date of approval unless the property owner or applicant
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has applied for and received any required building permits for any building,
structure, addition, or alteration requested as part of the approved plan or unless
a petition for a time extension has been granted by the City Council.
2. The extension request shall be submitted in writing at least 30 days prior to
expiration of the site plan and shall state facts showing a good faith effort to
complete work permitted under the original approval.
D. Enforcement. The Building Official shall have the authority to order the stopping of
any and all site improvement activities, when and where a violation of the provisions
of this section has been officially documented by the Building Official.
Subd.2. Variance.
A. Purpose and Intent. The variance request shall comply with the purpose and intent
provisions of City's Zoning Regulations and with the policies of the City's
Comprehensive Plan.
B. Applicability
1. Variances are required when a proposed development is not able to meet the
specific provisions of the zoning district in which the property is located.
Variances usually pertain to dimensional or numerical requirements but may
apply to other requirements as well.
2. The City Council consistent with the authority granted by law, may grant a
property owner a variance from compliance with the literal provisions of the
zoning code in an instance where strict enforcement would cause practical
difficulties to the individual property owner, and when it can be demonstrated that
such action will be in keeping with the spirit and intent of the Code.
C. Variances to allow uses that are not identified in a zoning district as a permitted,
permitted with standards, conditional, or accessory use, are prohibited.
D. Application Submittal
1. The application for a variance shall be filed pursuant to the common procedures
in Sections 1370.01 and 1370.03.
2. No variance application shall be accepted for a property located within the
floodplain until the applicant demonstrates that all required state and federal
permits have been obtained. The applicant shall submit a copy of all required
state and federal permits to the City concurrently with the required variance
application form, fee, and all other required application materials.
3. Action to Approve. Three affirmative votes of the City Council are required to
approve the granting of a variance.
4. Criteria for Review. The following criteria shall be applied to the City Council's
review of a variance application:
a. Practical Difficulties. The applicant for a variance shall establish that there are
practical difficulties in complying with the provisions of the Arden Hills Zoning
Regulations. The term "Practical Difficulties" as used in the granting of a
variance means:
i. Reasonable Use. The property owner proposes to use the property in a
reasonable manner not permitted by the Zoning Ordinance.
ii. Unique Circumstances. The plight of property owner is due to
circumstances unique to the property not created by the landowner.
iii. Character of Neighborhood. The variance, if granted, will not alter the
essential character of the neighborhood.
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b. Economic Consideration. Economic consideration alone does not constitute a
practical difficulty.
c. Access to Sunlight. Inadequate access to direct sunlight for solar energy
systems shall be considered a practical difficulty.
d. Earth Sheltered Housing. Earth sheltered construction, as defined in
Minnesota Statutes §216(C).06, Subd. 14, shall be considered a practical
difficulty if the property is otherwise in compliance with the Arden Hills Zoning
Regulations.
E. Conditions to Ensure Compliance. The City Council may impose conditions in
granting a variance. A condition must be directly related to and must bear a rough
proportionality to the impact created by the variance.
Subd. 3. Conditional Use Permit (CUP).
A. Purpose and Intent.
1. It is recognized that certain uses, although generally compatible with the basic
use classification of a particular zoning district, should not be permitted generally
and as a matter of right to be located in every area included within the zoning
district because of potential hazards inherent in the use itself or special
circumstances which its proposed location may present. Such a use of a
particular site may, nevertheless, be conditionally permitted by means of a
conditional use permit.
2. No building permit shall be issued for any use in a zoning district which requires
the issuance of a conditional use permit before it can be located in the particular
district, until after the conditional use permit has been granted by the City
Council.
B. Application for Conditional Use Permit.
1. Any person having a legal or equitable interest in a property may file an
application for a conditional use permit. The application shall be filed with the
Zoning Administrator following the common procedures in Sections 1370.01 and
1370.02.
2. A pre -application meeting may be required or conducted upon request of the
applicant in accordance with the common procedures in Section 1370.01.
C. Public Hearing. The Planning Commission shall hold a required public hearing on
each complete application for a conditional use permit, pursuant to the common
procedures in Section 1370.02.
D. Action by City Council on Conditional Use Permit.
1. The City Council shall make the final decision regarding all applications for a
conditional use.
2. Three affirmative votes of the City Council are required to approve a conditional
use permit and the action of the City Council must include a determination that
the facts and circumstances of the particular case warrant the granting of the
permit.
3. The Council shall consider the factual findings, conclusions, and
recommendations of the Planning Commission, as contained in its report, and
both shall consider the effect of the proposed use upon the health, safety,
convenience, and general welfare of the owners and occupants of surrounding
land, in particular, and the community as a whole.
4. The permit shall be granted solely for the proposed use of a particular site, not
for a particular person or business.
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5. An approved conditional use permit shall be recorded and remains valid
indefinitely in connection to the property unless limited by its approval conditions.
Revocation may occur if it meets the requirements in subsection (1).
E. Required Findings for Conditional Use Permits. In determining whether to grant a
conditional use permit for the proposed principal or accessory use of a particular site,
the Planning Commission and City Council shall make each of the following findings:
1. The use is consistent with the applicable policies and recommendations of the
City's Comprehensive Plan or other adopted land use studies.
2. The use will provide adequate ingress and egress to minimize traffic congestion
in the public streets and adequate measures have been or will be taken to
mitigate traffic impacts in the public streets, to provide for adequate on -site
circulation of traffic, and to prioritize pedestrian movements.
3. The use will not be detrimental to the existing or intended character of the
development in the surrounding area or endanger the public health, safety, and
general welfare.
4. The use will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
5. The use, in all other respects, conforms to the applicable regulations of the
district in which it is located.
F. Imposition of Conditions.
1. In the granting of a conditional use permit, the City Council may impose
conditions, in addition to the general conditions and requirements of this Code to
which every conditional use permit shall be subject, as it deems necessary to
serve and protect the health, safety, convenience, and general welfare of the
community. Such conditions may include, among other things, a time limit within
which the conditional use or a portion thereof, or improvements in connection
therewith are to be established, constructed, completed or commenced, and a
requirement that the person or firm to whom the conditional use permit has been
granted deposit with the City either cash or a performance bond in a sum equal
to 125% of the estimated cost, as determined by the City Engineer, of
improvements to be constructed in accordance with the permit to insure
completion thereof within the time limit specified in the permit.
2. The conditions so imposed by the City Council shall be specifically stated in the
permit and maybe subject to periodic review as determined by the City Council.
3. The violation of any special or general condition set forth in a conditional use
permit shall constitute a violation of this Code.
G. Compliance
1. After the conditional use permit has been granted, the use conditionally permitted
thereunder shall be established, conducted, and maintained in conformity with
the terms thereof, including all conditions set forth therein.
2. Any structural alteration, enlargement, or intensification thereof, or similar change
not specifically permitted by the permit, shall require an amended permit, and all
procedures shall apply as if a new permit were being requested; provided,
however, that when such changes are deemed to be insignificant by the Zoning
Administrator, the requirements of a public hearing may be waived.
H. Expiration of Conditional Use Permits. If substantial development or construction has
not taken place within one year of the date of approval of a conditional use permit,
the permit shall be considered void unless a petition for a time extension has been
granted by the City Council. The extension request shall be submitted in writing at
Page 9 of 15
least 30 days prior to expiration of the conditional use permit and shall state facts
showing a good faith effort to complete work permitted under the original approval.
I. Revocation of a Conditional Use Permit. A CUP may be revoked if, after following
the same process as used for the issuance of the CUP, the City Council determines
that the conditions of the CUP are no longer being met.
Subd. 4. Interim Use Permit (IUP)
A. Purpose and Intent. The purpose and intent of allowing interim uses is:
1. To allow a use that is presently acceptable, but that with anticipated development
or redevelopment, will not be acceptable in the future or will be replaced by a
permitted, permitted with standards, or conditional use allowed within the
respective zoning district.
B. Application for an Interim Use Permit.
1. Any person having a legal or equitable interest in a property may file an
application for an interim use permit. The application shall be filed with the
Zoning Administrator following the common procedures in Section 1370.01 and
1370.02.
2. A pre -application meeting may be required or conducted upon request of the
applicant in accordance with the common procedures in Section 1370.01.
3. An interim use permit is granted for a specific use at a specific site, not for a
person or business.
4. Designated Uses. Uses for which interim use permits are required and the zoning
districts in which they are allowed are designated in the land use chart as set
forth in Section 1320 hereof. No building permit shall be issued for an interim use
until after the interim use permit has been granted by the City Council.
C. Review Process
1. Public Hearing. A public hearing is required. The Planning Commission shall hold
a public hearing on each complete application for an interim use permit, pursuant
to the common procedures in Section 1370.02.
2. Action to Approve. Three affirmative votes of the City Council are required to
approve an interim use permit, and the City Council must include a determination
that the facts and circumstances of the particular case warrant granting the
permit.
3. Permit Evaluation. When reviewing the interim use permit application, the City
Council shall consider the factual findings, ability to meet the special
requirements of the interim use, and the conclusions and recommendations of
the Planning Commission. An interim use permit may be granted only if the City
Council finds the following:
a. The use is allowed as an interim use in the underlying zoning district and
conforms to the zoning regulations;
b. Permission of the interim use will not impose additional costs on the public if
it is necessary for the public to take the property in the future;
c. The use will not adversely impact nearby properties through nuisance, noise,
dust, glare, or unsightliness, and will not otherwise adversely impact the
health, safety, and welfare of the community;
d. The use will not adversely impact traffic and parking;
e. The use will not adversely impact implementation of future amendment to the
City's Comprehensive Plan;
f. The date or event that will terminate the use is identified with certainty;
Page 10 of 15
g. The applicant has signed a consent agreement demonstrating that the
applicant, owner, operator, tenant, and/or user has no entitlement to an
extension of the interim use permit;
h. The user agrees to all conditions that the City Council deems appropriate for
permission of the use including the requirement of appropriate financial
surety to cover the cost of removing the interim use and any interim
structures upon expiration of the interim use permit;
i. There are no delinquent property taxes, special assessments, interest, or City
utility fees due upon the subject parcel;
j. The term of the interim use does not exceed three years; and,
k. Any special requirements in Section 1320 or 1340 for a particular interim use
are met.
4. Imposition of Conditions. In the granting of an interim use permit, the City Council
may impose such conditions, in addition to the general conditions and
requirements of this Code to which every interim use permit shall be subject, as it
deems necessary to serve and protect the health, safety, convenience, and
general welfare of the community.
D. Termination. An interim use shall terminate on the occurrence of any of the following
events, whichever occurs first:
1. The date stated on the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon sale of the property;
4. Upon change in the City's zoning regulations which renders the use
nonconforming;
5. The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the underlying zoning district; and
6. If the use for which the interim use permit has been granted has ceased or has
been discontinued for a period of 90 consecutive days, the permit shall
automatically expire and become void at the end of such ninety -day period.
E. Suspension and Revocation. The City Council may suspend or revoke an interim use
permit upon finding that the activities allowed under the permit adversely affect the
public health, safety, or welfare in ways not anticipated during approval of the permit.
A suspension or revocation of an interim use permit shall be preceded by written
notice to the permittee and a hearing. The notice shall provide at least 10 days notice
of the time and place of the hearing and shall state the nature of the violation(s). The
notice shall be mailed to the permittee at the most recent address listed on the
application.
Subd. 5. Planned Unit Development (PUD).
A. Purpose and Intent. The establishment of a planned unit development (PUD)
provides design flexibility to promote creative and efficient use of land. Planned unit
development provisions are also intended to create public and private benefit by
allowing improved site design; allowing developments on multiple lots to function as
one coordinated site; facilitating protection of natural features; allowing flexibility for
unique developments; and ensuring coordination of phased development.
B. Applicability
1. PUDs are allowed in any zoning district with the approved plan serving as the
new development regulations and thereby superseding the provisions of this
Code.
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2. The establishment of a PUD provides design flexibility to promote creative and
efficient use of land.
3. PUD provisions are also intended to create public and private benefit by allowing
improved site design; allowing developments on multiple lots to function as one
coordinated site; facilitating protection of natural features; allowing flexibility for
unique developments; and ensuring coordination of phased development.
C. Application
1. The PUD application and review procedure involves an optional concept PUD
plan, pursuant to the common procedures in Section 1370.01 and 1370.02,
including a master PUD plan stage, and a final PUD plan stage.
2. Effect of Concept Plan Review. The application for a concept PUD plan has no
limitation on the period of time in which to apply for master plan PUD approval.
3. If Staff has determined a PUD to be suitable, applicants may apply for concurrent
master PUD plan and final PUD plan approval by submitting all information
required for both applications simultaneously.
4. The application for a final PUD plan shall be submitted no later than one year
after the date of approval of the master PUD plan; otherwise, the master PUD
plan and the final PUD plan will be considered void unless an extension is
requested in writing by the applicant and granted by the City.
5. The final PUD plan shall cover at least 20 percent of the area approved by the
master PUD plan unless otherwise allowed by the City Council due to unique
circumstances of the master PUD plan.
D. Review Process
1. Master PUD Plan Stage
a. Public Hearing.
i. A public hearing is required at the master PUD plan stage. The Planning
Commission shall hold a public hearing on each complete application for
a PUD, pursuant to the common procedures in Section 1370.01.
ii. The public hearing may be combined with the required public hearing for
additional land use approvals, such as a zoning map amendment or a
preliminary plat .
b. Action to Approve. Four affirmative votes of the City Council are required for
approval of the master PUD plan.
c. Effect of Master PUD Plan Stage Approval. The applicant for a master PUD
plan which has been approved by the City Council shall apply for a final PUD
plan or the first stage of the final PUD plan within six months, unless some
other phasing plan has been approved by the City Council or unless a written
request for a time extension has been approved by the City Council in
advance of the expiration date.
2. Final PUD Plan.
a. The applicant shall submit a final PUD plan for all elements of the master
PUD plan that are to be developed imminently.
b. A final PUD plan for the PUD shall be submitted for each stage of
development/construction.
c. Final PUD Plan Procedure. The Site Plan Review process in Section
1370.04, Subd. 1, shall be followed.
d. Three affirmative votes of the City Council are required to approve a final
PUD plan.
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E. Amendment to a PUD
1. Modifications to an approved PUD that has not been constructed or to an existing
PUD which do not conform to the approved final PUD plan shall be processed as
either a administrative or major amendment
2. Minor Amendment.
a. A minor amendment involves modifications to the PUD that are minimal in
nature and that do not deviate from the original intent.
b. An administrative amendment may be approved by the Zoning Administrator
unless the Zoning Administrator determines that the proposed amendment
needs to be reviewed as a major amendment.
c. Decisions of the Zoning Administrator may be appealed to the City Council as
outlined in Section 1370.05.
d. In order to qualify as an administrative amendment, the proposed
amendment shall meet all of the following:
i. The amendment shall be consistent with the vision for the PUD as it was
originally approved;
ii. The uses proposed are pre-existing uses, allowed in the original approval,
or permitted in the underlying zoning district;
iii. The buildings, parking areas, and roads are in essentially the same
location as the approved PUD;
iv. The number of dwelling units, if any, has not increased or decreased by
more than five percent;
v. The floor area of nonresidential areas has not been increased or
decreased by more than five percent;
vi. No building has been increased in the number of floors; and
vii. Impervious coverage has not been increased by more than five percent.
3. Major Amendment. Any proposed changes to a PUD that do not qualify as a
minor amendment shall be considered a major amendment. Major amendments
shall follow the same process as the original approval.
Subd. 6. Zoning Text or Map Amendment
A. Purpose and Intent. Whenever the public necessity, convenience, general welfare, or
good zoning practice requires, the City Council may, by Ordinance:
1. Require a rezoning to change the zoning district classification, boundaries
established by this Code, and the Official Zoning Map.
2. Require amendments to the Zoning Code text when an applicant seeks to
classify a specific use in a district that otherwise does not allow it or to
permanently change other text requirements of the Zoning Code.
B. Application Submittal.
1. The application for a zoning text or map amendment shall be filed pursuant to the
common procedures in Section 1370.01 and 1370.02.
2. A pre -application meeting may be required or conducted upon request of the
applicant in accordance with the common procedures in Section 1370.01.
C. Review Process.
1. Written, and graphic documentation if applicable, shall be provided by the
applicant, explaining why the proposed amendment is superior to the existing
zoning map or text, and outlining what changes that have occurred that make the
amendment appropriate.
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a. Business and Industrial District Rezoning. Before any new area is rezoned to
a business or industrial classification, the property must be located adjacent
to an arterial or collector road as shown in the City's Comprehensive Plan, or
it must be shown that the rezoning will be an extension of an existing
business or industrial district and in conformance with the intent of the
Comprehensive Plan.
2. If a proposed rezoning is not consistent with the Arden Hills Comprehensive
Plan, the applicant shall apply for a Comprehensive Plan amendment
concurrently with the application for rezoning.
3. Public Hearing. A public hearing is required for a zoning text or map amendment.
The Planning Commission shall hold a public hearing on each complete
application for a zoning code or map amendment, pursuant to the common
procedures in Section 1370.02.
D. Action to Approve.
1. Three affirmative votes of the City Council are required for action to amend the
text of the Zoning Code. The zoning text amendment shall be in the form of an
ordinance that is approved by the City Council and published.
2. Three affirmative votes of the City Council are required to rezone property from
one district to another, except that the rezoning of property from residential use to
an industrial use shall require approval by four affirmative votes of the City
Council. The amendment for a zoning map change shall be in the form of an
ordinance that includes the property rezoned by its legal description. The zoning
map amendment ordinance shall be approved by the City Council and published.
It shall not be necessary to publish a zoning map to effectuate a zoning map
amendment.
1370.05 Appeals
Subd.1. Applicability.
A. Any affected person may initiate a request by filing an appeal with the Zoning
Administrator on an approved form.
B. All appeals shall be filed within 15 business days of the date of the decision.
Subd.2. Procedure.
A. The Planning Commission shall hear any appeals where it is alleged that there is an
error in any order, requirement, decision, or determination made by an Administrative
Officer in the interpretation, application, and/or enforcement of this Code. The
Planning Commission shall report its findings and recommendations to the City
Council for action.
B. The findings and determinations made by the Planning Commission shall be
advisory only and shall have no binding effect. The City Council shall take such
action on the findings and recommendations of the Planning Commission, as it
deems proper in the circumstances.
C. The City Council, acting as the Board of Appeals and Adjustments, shall make the
final decision regarding all appeal requests. Approval shall require a majority vote of
the City Council.
D. Expiration of Appeal.
3. If substantial development or construction has not taken place within one year of
the date of approval of an appeal, the appeal shall be considered void unless a
petition for a time extension has been granted by the City Council.
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4. The extension request shall be submitted in writing at least 30 days prior to
expiration of the appeal and shall state facts showing a good faith effort to
complete work permitted under the original approval.
E. Judicial review. Any person aggrieved by a decision or order of the City Council
acting pursuant to this chapter may have the decision or order reviewed by the
District Court, subject to the provisions of state law.
1370.06 Enforcement
Subd. 1 Enforcing Officer.
A. This Code shall be administered and interpreted by the Zoning Administrator and
enforced by the City Council through the Building Official and/or Code
Enforcement Officer. The Council may institute in the name of the City any
appropriate actions or proceedings against a violator as provided by law.
B. The Administrative Officer shall:
1. Determine if applications comply with the requirements of this Code;
2. Cause the Building Official/Code Enforcement Officer to conduct inspections
of buildings and the use of land to determine compliance with the
requirements of this Code;
3. Issue notices of Code violations when necessary.
4. Maintain current and permanent records of this Code, including but not
limited to, the zoning map, amendments, conditional use permits, variances,
appeals, and applications.
5. Receive, file, and forward all applications for appeals, variances, conditional
use permits, and amendments to the appropriate official bodies.
Page 15 of 15
Section 1300 - Title, Purpose, and Intent
Attachment J
1300.01 Title.
Chapter 13, which includes Sections 1300, 1305, 1310, 1315, 1320, 1325, 1330, 1335, 1345, 1350, 1355, 1360, 1365, and 1370
of the City Code shall be known, cited as, and referred to as the Arden Hills Zoning Code, except as referred to herein where it
shall be known as "this Code".
1300.02 Purpose and Intent.
This Code is enacted for the following purposes:
Subd. 1 To promote the general public health, safety, comfort and general welfare of the inhabitants of the City of Arden Hills,
Minnesota.
Subd. 2 To promote the character of and preserve and enhance the properties and areas within the city including wetlands,
ponds and marshes.
Subd. 3 To divide the city into zones or districts on the basis of the use, location, construction, reconstruction and alteration of
land and structures for residence, business, industrial and public purposes.
Subd. 4 To provide adequate light, air, privacy and safety.
Subd. 5 To prevent the overcrowding of land by undue concentration of population.
Subd. 6 To promote the proper use of land and structures.
Subd. 7 To fix reasonable standards to which buildings, structures and land shall conform for the benefit of all.
Subd. 8 To prohibit the use of buildings, structures, and lands that are incompatible with the intended use or development of
lands within the specified zones.
Subd. 9 To promote the safe and efficient movement of people and goods.
Subd. 10 To facilitate the provisions of public services.
Subd. 11 To limit congestion in the public streets and protect the public health and welfare by providing for the off-street parking
of vehicles and vehicle loading areas.
Subd. 12 To protect against fire, explosion, noxious fumes, offensive noise, vibration, dust, odor, glare, hazardous waste,
pollution and hazards in the interest of public health, comfort and general welfare.
Subd. 13 To define and limit the powers and duties of the administrative officers and bodies provided for herein.
Section 1305 - Rules, Scope, Interpretation, & Definitions
1305.01 Rules of Construction.
The language set forth in the text of this Code shall be interpreted in accordance with the following rules of construction.
Subd. 1 The singular number includes the plural and the plural includes the singular.
Subd. 2 The present tense includes the past and future tenses and the future includes the present.
Subd. 3 The word "shall" is mandatory while the word "may" is permissive.
Subd. 4 The masculine gender includes the feminine and neuter.
Subd. 5 All measured distances expressed shall be to the nearest tenth of a foot and its metric equivalent.
Subd. 6 The word 'lot" shall include the words "plot", "piece" and "parcel" of land.
Subd. 7 The words "used for" shall include the phrases "arranged for", "designed for", "intended for", "improved for",
"maintained for" and 'occupied for".
1305.02 Scope.
From and after the effective date of this Code, the use of all land and every structure, building or portion of a building erected,
altered with respect to area, added to or relocated, and every use accessory thereto, in the City of Arden Hills, shall be in
conformity with the provisions of this Code. Any existing structure and any use of land not in conformity with the regulations herein
prescribed shall be regarded as nonconforming uses or structures.
This Code does not abrogate any easement, covenant or any other private agreement where such is legally enforceable,
provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such
easements, covenants or other private agreements, the requirements of this Code shall govern.
1305.03 Interpretation.
In interpreting and applying the provisions of this Code, they shall be held to be the minimum requirements for the promotion of
the public health, safety, convenience and general welfare. Where the provisions of this Code impose greater restrictions than
those of any statute, other ordinance or regulation, the provisions of this Code shall be controlling. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions than this Code, the provisions of such statute, other ordinance or
regulation shall be controlling.
1305.04 Definitions.
(revised 07127120; revised 0411012023; revised 0412412023; revised 812812023; revised 0712212024; revised 1112412024;
revised 512712025)
• Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560) square feet or one hundred sixty
(160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow).
• Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two-thirds (2/3) of that portion of the acre
encompassed by wetlands, one-half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that
drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of public streets.
• Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the
city charged with or engaged in the administration of this Code or any portion thereof.
Administrator. The zoning administrator.
Agriculture, Commercial Outdoor Cannabis. See "Cannabis cultivation". (added 11125124)
Agriculture, Commercial Indoor Cannabis. See "Cannabis cultivation". (added 11125124)
• Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm animals for general
use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels.
• Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another.
• Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting
on a street.
• Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship,
decoration, or interest.
• Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use,
such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur.
• Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal
and would ordinarily be confined in a zoo or found in the wild.
• Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located
on the exterior, or outside, of any building or structure.
• Antenna, dish. A parabolic -shaped antenna (including all supporting apparatus) which is used for transmitting or receiving
telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure.
• Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height.
• Class 11: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or
more in height.
• Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which shall include a bath
and kitchen accommodation, intended or designed for use as an independent residence by a single household.
• Appeal. An application for the review of an order, requirement, decision, determination or interpretation of this Code made by
an administrative officer in the application and/or enforcement of this Code.
• Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four
sides, regardless of the depth of excavation below ground level. (revised 05105110)
• Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average
slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (added 02122110)
• Part or all of the feature is located in a shoreland area;
The slope rises at least 25 feet above the ordinary high water level of the water body;
The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30
percent or greater; and
The slope must drain toward the waterbody.
Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (added 02122110)
Board. The board of appeals and adjustment established by this Code.
• Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one
(1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A
boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (added
7114110)
• Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or
curb line) and the right-of-way line thereof which may contain within its boundaries a sidewalk or portion of driveway.
• Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total
quantity not to exceed 250,000 barrels a year on the premises. (added 10129112)
• Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or
storage of property, or is used for trade or manufacturing.
• Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may
not extend. (revised 02122110)
• Building, accessory structure or use. A subordinate building structure or use which is located on the same lot on which the
principal building or use is situated and which is reasonable necessary, appropriate and incidental to the conduct of the primary
use of such principal building or principal use.
Building envelope. (See Lot, Buildable portion of.)
Building height. The vertical distance from the average elevation of the grade along a face of a building to the highest point
of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of
gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the height of the tallest segment of the building.
Building inspector. The inspector as provided for in the building code.
Building, principal. A building in which the principal use, of the lot on which it is located, is conducted.
Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one
another and includes the following items:
Size and height of buildings or structures.
Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures.
Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures.
All open spaces allocated to buildings or structures.
Amount of lot area per dwelling unit.
Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become
airborne.
• Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time,
attention, labor and materials, or whereby services are offered for compensation.
• Business services. Services performed primarily for other businesses, including such services as secretarial, clerical,
employment agencies, business machine service, printing, etc.
Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added 4128108)
Call Center. An office for providing incoming and outgoing telephone and computer services, customer service, technical
service, or telemarketing activities through electronic communications. (added 7127120)
• Cannabis cultivation. Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower
from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. (added
11125124)
• Cannabis, Mezzobusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29,
as it may be amended. The use may include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales
retail, cannabis wholesaling. (added 11125124)
• Cannabis, Microbusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as
it may be amended. The use may include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail,
cannabis wholesaling. (added 11125124)
• Cannabis Testing Facility. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.37, as
it may be amended. (added 11125124)
• Cemetery/Memorial garden. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, funeral
chapels and necessary sales and maintenance facilities. (added 7114110)
• Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving
surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the
intersection with a line connecting the two end points. (revised 3/18/09)
Clear -cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (revised 02/22/10)
Clinic. A building for out -patient medical treatment of humans or small animals.
Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social,
recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily
associated with a business.
• Clubs, sports and fitness. A place of assembly where membership may be required and is directed toward the general public
with the commercial promotion of sports and physical fitness.
• Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2.
• Commercial recreation, indoor. A commercial recreational use conducted within an enclosed building, including arcade,
arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, pool or
billiard hall, or a variety of organized or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer,
tennis and volleyball. This definition does not include public uses on public property. (added 7114110)
• Commercial recreation, outdoor. An accessory commercial recreational use conducted outdoor including but not limited to
horseshoes, bocce ball, or cornhole. (added 412412023)
• Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and
economic development, both private and public, of the city and its environs and may include, but is not limited to, the following
items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and
recommendations for plan execution.
• Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and
which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this
Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use
permit granted by the Council.
• Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or
Conditional Principal Uses.
• Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday
loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (added 1213108)
• Council. The City Council, as established by the Code of Ordinances.
• Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (added
7114110)
• Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone,
measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is
10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (added 4128108)
• Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons
with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than
twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day
nurseries, daytime activity centers, day treatment programs, and day services. (revised 7/14/10)
• Day care, family. Day care for no more than ten children at one time of which no more than six are under school age. The
licensed capacity must include all children of any caregiver when the children are present in the residence. (added 7114110)
• Day care, group family. Day care for no more than 14 children at any one time. The total number of children includes all
children of any caregiver when the children are present in the residence. (added 7114110)
Density. The number of dwelling units permitted by this Code on one (1) acre.
Density net. The number of dwelling units permitted by the Code on one (1) net acre of land.
Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to
another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested
areas, environmental or terrain features deemed worthy of preservation by the Planning Commission.
• Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of
this Code under conditions whereby the total number of dwelling units is not greater than the amount permitted under normal
conditions.
• Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs
that are more than three (3) months old.
• Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are
more than three (3) months old.
Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs.
Drive -up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive
a service or product without having to enter the building. (added 12103108)
• Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-
family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal
cabins, or motor homes or travel trailers.
• Dwelling, live -work unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit,
where the resident occupant both lives and works. A live -work unit is not synonymous with a home occupation because it is
designed as a mixed -use facility, whereas the home occupation is secondary and accessory to the residential use. (added 7114110)
Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units.
Dwelling, single-family. A dwelling that consists of one (1) dwelling unit.
Dwelling, two-family. A dwelling that consists of two (2) dwelling units.
• Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living,
sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses,
motor homes or travel trailers.
• Dwelling unit, single-family attached. A dwelling unit which is located on its own individual lot but joined along a single lot line
to one (1) or more other dwelling units with a party wall and having a separate point of entry.
• Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate
lot with the structure surrounded by open space and having a separate point of entry.
• Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or portion thereof for
specific purpose.
• Enclosed Parking. A structure used for the storage of a vehicle which must be covered and completely enclosed by walls or
doors on four sides. (added 1014112)
• Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on
both sides of a stream are capable of conveying a proportionate share of flood flows.
• Event Center. An establishment which is rented by individuals or groups to host scheduled private events including but not
limited to weddings, cultural celebrations, corporate functions, and banquets. Such use may or may not include 1) kitchen facilities
for the preparation or catering of food; 2) the sale of alcoholic beverages for on -premises consumption only during scheduled
events and not open to the general public; and 3) outdoor gardens, patios or outdoor gathering areas. (added 7122124)
• Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by
a building.
• Family. An individual or two (2) or more persons, each related to the other by blood, marriage, adoption or foster care, or a
group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living together and
maintaining a common household. (These regulations shall not be applied so as to prevent the City from making reasonable
accommodation as required by the Federal Fair Housing Amendments Act of 1988).
• Financial institution. An establishment that provides financial and banking services to consumers or clients. Typical uses
include banks, savings and loan associations, credit unions, investment companies, and automated teller machines (ATMs).
Financial institution shall not include a consumer small loan operation. (added 7114110)
• Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation
of normally dry areas.
• Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or
exceeded.
• Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway
fringe" used in the Flood Insurance Study for the City.
• Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by
the regional flood.
• Flood -proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to
flooding, primarily for the reduction or elimination of flood damages.
• Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are
reasonably required to carry or store the regional flood discharge.
• Floor area. Means the sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior
walls, or from the centerline of walls separating two buildings, Excluding: decks, garages, covered porches conforming with Section
1325.03 Subd 2.D; attics, crawl spaces and basements that do not meet the minimum ceiling height per Minnesota State Building
Code requirements.
Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor area by the amount of lot area.
Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street.
• Garage, private. An accessory building or portion of the principle building which is intended and used for the storage of the
private passenger vehicles of the family or families who reside upon the lot upon which the garage is located.
• Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle
wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking,
or junkyards.
• Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and
commercial vehicles exceeding one -ton rated capacity.
• Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development
purposes. (added 7114110)
• Hemp Concentrate. The extracts and resins of a hemp plant or hemp plant parts, including when refined to increase the
presence of targeted cannabinoids or when intended to be consumed by combustion or vaporization of the product and inhalation
of smoke, aerosol, or vapor from the product. (added 812812023)
• Hemp -Derived Consumer Product. A product intended for human or animal consumption, does not contain cannabis flower
or cannabis concentrate, and containing or consisting of hemp plant parts; or containing hemp concentrate or artificially derived
cannabinoids in combination with other ingredients. (added 812812023)
• Hemp Plant. All parts of the plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more
than 0.3 percent on a dry weight basis. (added 812812023)
• Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities approved by the
Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. These facilities can include, but are
not limited to, classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and spiritual facilities;
administrative offices; performance art centers; parking and transit structures; and child care facilities. (added 912512017)
• Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or
profession.
• Hospital. An institution licensed by the state department of health, providing primary health services and medical or surgical
care, to sick or injured persons, primarily inpatients. May include related facilities such as laboratories, outpatient facilities, or
training facilities. (added 7114110)
• Hotel/motel. Any building, or group of buildings, having five (5) or more guest rooms intended or designed to be rented or
hired out to be occupied, or which are occupied for sleeping purposes by transient guests. (revised 7114110)
• House of worship. A place of worship or religious assembly and its accessory facilities used by the congregation such as the
following: rectory, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, or cemetery.
A house of worship does not include buildings or uses used exclusively for residential, schools, recreational, commercial, or other
uses not normally associated with worship. (revised 7114110)
• Household. The person or persons occupying a single dwelling unit. A household may consist of a single family, one (1)
person living alone, two (2) or more families living together or any group of related or un-related persons who share living
arrangements.
• Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of
products and materials.
• Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. Ajunkyard
includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings.
• Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape
lot areas may consist of:
Naturally vegetated areas,
Wetlands or ponding areas,
Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.),
Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and
Outdoor recreation areas.
Landscaping. Plantings such as trees, grass, shrubs.
• Land Reclamation. The reclaiming of land by depositing and/or excavating material so as to alter at the minimum four
hundred (400) cubic yards of the existing grade, either by hauling and/or regarding the area, shall constitute land reclamation.
(added 11127123)
• Light Manufacturing, Cannabis. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.31,
as it may be amended. (added 11125124)
• Light Manufacturing, Lower -Potency Hemp Edible. A hemp business that conducts an operation pursuant to Minnesota
Statute Section 342.45, as it may be amended. (added 11125124)
• Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products,
materials or equipment.
• Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, plat, record of
survey map, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is
suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, or used together with any
accessory buildings or uses and such open spaces as are required by this Code.
Lot area. The total site area within the lot lines.
Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback
requirements of this Code have been met.
• Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling.
• Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a
lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are
included).
• Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not
more than one hundred thirty-five (135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to
the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the
interior angle of less than one hundred thirty-five (135) degrees. A corner lot shall maintain front yard requirements for each street
frontage.
• Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use
and its accessory structures.
• Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a
corner lot is its depth, and its lesser frontage is its width.
• Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where
any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.
Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line.
Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line.
Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be a side lot line.
Lot, interior. A lot other than a corner or reversed corner lot.
Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not.
Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot subsequent to such date,
and includes non -conforming lots.
Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters.
Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner
lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as
subject to the provisions of this Code.
• Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line.
• Lower -Potency Hemp Edible. Any product that (1) is intended to be eaten or consumed as a beverage by humans; (2)
contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) consists
of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of
cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; (5) does not contain more
than a combined total of 0.5 milligrams of all other cannabinoids per serving; (6) does not contain an artificially derived cannabinoid
other than delta-9 tetrahydrocannabinol; (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
(8) is a type of product approved for sale by the Office of Cannabis Management or is substantially similar to a product approved
by that Office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods. Lower -Potency
Hemp Edibles includes "edible cannabinoid products" as defined by Minn. Stat. § 151.72. Lower -potency hemp edibles do not
include products containing only nonintoxicating cannabinoids. (added 812812023)
• Lower -Potency Hemp Edible Sales. The processing or sale of lower -potency hemp edibles or hemp -derived consumer
products. (added 812812023)
• Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure,
used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a
building's lowest floor. (added 05105110)
• Manufactured home. A structure, transportable in one or more sections, 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 utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which
meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the
standards established under this Code and Minnesota State Statutes as amended from time to time. The term "manufactured
home" does not include the term "recreational vehicle." (revised 05105110)
• Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of
products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but
are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances;
processing of chemicals, plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products;
distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor's shops
and storage yards.
Class I: Above uses without exterior storage.
Class II: Above uses with permitted exterior storage.
• Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at
an easily identifiable point.
• Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed
250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on -sale and off -sale alcohol in
compliance with MN state statute 340A.301, subd. 6b. (added 10129112)
• Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000
proof gallons in a calendar year. (added 10129112)
• Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, and other
nonmetallic minerals not regulated under Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not
include grading and excavating as defined in this Chapter. (added 7114110)
• Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a
width of less than twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent
foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter
of the structure.
• Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which
mobile homes are sold for removal to another site.
• Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead for burial and
arranging and managing funerals, but not including a crematorium. (added 7114110)
• Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes
minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time.
• Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine
repair, replacement or parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle
wrecking yards.
• Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior
entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner.
• Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota
without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant
Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. (revised 02122110)
• Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment
hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage,
floor area ratio, or other characteristics of the building or its location on the lot where it exists.
• Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing
as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted
in the zoning district in which it is located.
• Nonintoxicating Cannabinoid. A cannabinoid that when introduced into the human body does not impair the central nervous
system and does not impair the human audio, visual, or mental processes. Nonintoxicating cannabinoid includes but is not limited
to cannabidiol (CBD) and cannabigerol (CBG) but does not include any artificially derived cannabinoid and must contain less than
0.3% tetrahydrocannabinol (THC). (added 812812023)
Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce.
• Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term residence for disabled or
elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed
to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc.
(added 7114110)
• Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
• Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial
activities, provide professional services, or carry on occupations and where goods are not stored, produced, sold at retail or
repaired, including but not limited to the following: executive and administrative offices, business offices such as insurance, real
estate, sales and similar offices, professional offices such as offices of engineers, surveyors, architects, accountants, attorneys and
bookkeepers and similar offices, but excluding medical clinics. (revised 7114110)
• Office showroom/warehouse. An office facility in which more than 50 percent of the total floor area is utilized for the display
and sale of goods or merchandise on the premises, and/or for the storage and distribution of goods or merchandise from the
premises. (added 7114110)
Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles.
• Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and
for the storing of same under the open sky prior to sale.
Open space. (See landscape lot area.)
• Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest
water level which has been maintained for a sufficient period of time to leave evidence upon the landscape and as determined by
the Minnesota Department of Natural Resources. The ordinary high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial. (revised 02122110)
Outdoor display and sales. The display of goods for sale or rent outside an enclosed building. (added 3128116)
• Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active and passive
recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey County Parks and Recreation
Department. (added 11125113)
• Parking space. Aland area of such shape and dimensions and so prepared as to be usable for the parking of a motor
vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be
included in such area.
• Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted
parcel of land, used primarily for pedestrian traffic.
Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (added 7114110)
• Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the
business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal
property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed
period of time.
• (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the
comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal
Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or
accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those
banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or
regulated lender subject to licensing and regulation by the Department of Commerce. (revised 7114110)
• Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes
any trustee, receiver, assignee or other similar representative thereof.
• Personal services. Services customarily rendered for compensation. Such services shall only involve minor storage and
related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered.
Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty
services; photographic services; and other services of a similar nature.
• Planned unit development (P.U.D.). The development of a tract of land in a unified manner, pursuant to a development plan
specifically approved by the city.
• Planning commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is
advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the
Comprehensive Plan, and all other matters referred to it by the City Council.
• Protected waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10)
acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes
of these regulations.
• Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any
department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the
ownership of said lot, parcel of land, building or structure.
• Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the
purposes of these regulations, any body of water, which has the potential to support any type of recreational pursuit or water
supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a
designated private use authorized by the commissioner of natural resources, shall be exempt.
• Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading
platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.
• Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-
made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
• Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily
considered as a business.
• Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs,
barbecue stands, and similar equipment or structures, when used on residential property, but not including electronic towers, tree
houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of
equipment.
• Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled. Including, but
not limited to, motor homes and travel trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar
vehicles. (revised 02107108)
• Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty
truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle. (added 05105110)
• Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the
ground to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not
including antennas and utility/mechanical systems provided they are accessory and take up no more than ten (10) percent of the
roof surface area. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08)
• Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as measured from end to
end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft
on a trailer shall be measured as one. (revised 02/07/08)
• Regional flood. A flood which is representative of large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence
interval. Regional flood is synonymous with the term "base flood", 1 percent annual chance flood, or 100-year elevation.
• Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that
result from designation of a floodway. (added 05105110)
Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products.
Research and development facility. Establishments which conduct research, development, or controlled production of high
technology electronic, industrial, or scientific products or commodities for sale; or establishments conducting educational or
medical research or testing. May include limited accommodations for researchers or research subjects. Research with animals is
considered a separate category. (added 7114110)
• Residence hall, dormitory. A building designed for or used as group living quarters for students of a high school, college,
university or seminary, organized and owned, or leased in its entirety, by a high school, college, university or seminary. (added
7114110)
• Residential facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons
with a twenty-four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation
and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state
institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters,
group homes, residential programs, or schools for handicapped children.
• Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages
to be consumed by customers while seated at tables or counters located within the building on the premises.
Restaurant, fast food. Any restaurant which meets a number of the following requirements:
Customarily provides quick service to its customers;
Offers to its customers a limited, standardized menu of inexpensive food and/or beverages;
Serves its customers from a counter located within the building on the premises and does not customarily offer service at
the table by waiter or waitress;
• Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their
automobiles parked on the premises, or away from the premises as the customers choose;
• Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons,
boxes and bags;
• Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the
deposit of the disposable packaging in which the food and/or beverages are provided;
Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in
anticipation of predicted volumes of customers at certain times of the day;
Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in
conspicuous places throughout the building rather than on printed menus given to the customers;
Generates a high volume and rapid flow of in -and -out traffic because of its quick service mode of operation.
• Retail, Cannabis Sales. The sale of cannabis plants and seedlings, adult -use cannabis flower, and adult use cannabis
products directly to consumers. (added 11124124)
• Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods and the provision
of services directly to the consumer, excluding those uses defined more specifically in this Code. Motor vehicle sales, motor vehicle
leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales lots are not
included in this definition of retail sales and service. (revised 2129116)
• Roadway. The entirety of a private street and that portion of a public street extending from the back of the curb (i.e., the
curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used primarily for vehicular traffic.
• Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the transportation and activities
associated with the transportation of students.
Schools, general education. Nursery, primary, elementary and secondary schools.
Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other
professional schools, with or without on -site housing. (revised 01120111)
• Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor
vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -
bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and
fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not
exceeding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job.
• Setback. The minimum horizontal distance between a structure and the ordinary high water level or between a structure and
a road, well, highway, or property lines.
Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line.
Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a setback of 50 percent
of the structure setback. (revised 02122110)
• Shoreland. The land located within the following distances from protected waters:
One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and
Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever
is greater.
The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage
divides at lesser distances, as shown on the official zoning map of the City.
• Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic.
• Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly
or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity,
person, institution, organization or business.
• Significant tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and
that meets at least one of the following standards: (revised 04128108)
• A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard
maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood.
• A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen,
box elder, willow, silver maple and elm.
• A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and which is at least fifteen
(15) feet or more in height.
A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in
height, that provide a buffer or screening along an adjacent public street or between differing land uses.
• Soil processing. The processing of sand, gravel or other materials mined from the land.
• Solar Energy System. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar
energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes.
(added 411012023)
• Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles
to be used either on site or off site.
• Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no
such floor above, the space between such floor and the ceiling next above it.
• Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three
(3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half -story
containing independent apartment or living quarters shall be counted as a full story.
• Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a
roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a
street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets"
includes the following classifications:
• Collector street. A street which carries traffic from local streets to streets and highways of higher classifications. It provides
for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas.
• Cul-de-sac. A street with a circular turn -a -round and only one outlet.
Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a
neighborhood.
Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to
trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to
geographical areas smaller than those identified with the higher system.
Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a
metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the
total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class.
Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress
to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue
delays.
• Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or
girders, or any substantial changes in the roof and exterior walls.
• Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something
having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, signs, recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code, and
other similar items.
• Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use
of or principal structure on the lot on which it is located.
Structure, multiple -occupancy. (See Multiple occupancy building).
Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted.
Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in
certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that
will eliminate the need for the temporary structure. Portable classrooms, portable offices, and air -supported structures are
examples of temporary or portable structures.
• Studios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc.
practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory
use.
• Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (added
05105110)
• Substantial improvement. (added 05105110) Within any consecutive 365-day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not,
however, include either:
• Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure
safe living conditions.
• Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as
an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations,
Part 59.1.
• Thrift Store. (revised 512712025) A business for which the stock of goods is primarily used and may include the following
operational characteristics:
Processing, conditioning, cleaning, or repair of used or returned items for resale.
Storage of used items on site for processing, resale, or disposal.
Receipt of goods through purchase, consignment, or donation.
• Class I: Above uses in a business located within a multi -tenant building which occupies less than 7,000 square feet or less
than 20 percent of the building square footage in a multi -tenant building, whichever is lower.
• Class II: Above uses in a business located within a standalone building or located within a multi -tenant building which
occupies greater than 7,000 square feet or greater than 20 percent of a multi -tenant building.
• Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an
antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio
(including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind -power generator.
• Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent dwellings above
or below it, and is attached to other similar dwellings by a common wall.
• Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or
may be occupied or maintained.
• Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted.
• Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or
maintained.
• Use, principal multiple -operation. A business or industrial operation which consists of two or more distinguishable uses, all of
which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally
compatible with the permitted allowable uses in the district.
• Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration
by the Commission and Council, pursuant to the applicable procedures contained herein, may be allowed as an accessory use by
Conditional Use Permit granted by the Council.
• Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted
principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable
procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be
granted by the council. Includes temporary uses which require conditional approval before being allowed.
• Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly
serve abutting properties.
Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services.
Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly
serve abutting properties.
• Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed; such as special purpose trailers (i.e.
boat trailers, ATV trailers) or other hauling trailers. (revised 02107108)
• Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business or storage
purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or
meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This
term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors
and trailers. A permanent foundation shall not change the character of the vehicle.
• Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to
allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular
property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, except that modification in the
allowable uses within a district shall not be allowed as a variance. (revised 05105110)
• Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles.
• Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess
current state auto licenses.
• Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal
storage facility. (revised 7114110)
• Watercraft. Motorized water -oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishing/hunting
boats, pontoon boats, and any non -motorized craft with greater than a two person capacity. This definition excludes non -motorized
one and two person crafts such as canoes, kayaks, and paddle boats. (revised 02107108)
• Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore
property.
• Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either created or natural, covered with
shallow and sometimes temporary or intermittent waters as defined in the United States Fish and Wildlife Service Circulator No.
39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet meadows, and shallow lakes and ponds with
emergent vegetation. (revised 02122110)
• Wetland alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size,
depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water;
appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions.
Alterations would not include Native Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious weeds,
unless within a Drainage and Utility Easement in which case submission of and written approval by the City is required. (added
02122110)
• Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition
or through intervention, has the characteristics of buffering the wetland from surrounding landscaping. (added 02122110)
• Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of
Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established
in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and
conclusions performed during the assessment when wetlands are present. (added 02/22/10)
Yard, front. A yard extending along the full length of the front lot line between the side lot lines.
Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot
line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code.
• Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of
the main building.
Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard.
Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard.
Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts.
Section 1310 - Minimum Compliance Requirements
1310.01 Compliance with this Zoning Code.
No building, structure or parcel of land may hereafter be used or occupied and no building permit shall be issued for any
structure or use which does not conform to the provisions of this Code, except as hereafter provided under Section 1350.
1310.02 Requirements Not To Be Reduced.
No existing lot, yard, or parking area shall be so reduced in area or dimension as to make any such area or dimension less than
the minimum required by this Code, and if already less than the minimum required, it shall not be further reduced, except as
provided by the variance provision in Section 1355 Subd 4.
No yard or open space provided about any building for the purpose of complying with the provisions of this Code shall be
considered as providing a yard or open space for any other building, and no yard or open space on adjoining premises shall be
considered as providing a yard or open space on a lot whereon a building is to be erected.
1310.03 Use of Pre -Existing Lots.
Subd. 1 If two or more pre-existing, contiguous lots, including Lots of Record, in total could not be divided into two or more lots
meeting the requirements of Section 1320 and are held by the same owner on November 13, 2006, they shall be considered one
lot for building and zoning purposes. A covenant, duly filed and recorded, shall be required before a building permit is issued
thereon.
Subd. 2 Lots joined together for zoning or building purposes shall not be divided in the future, but shall be tied together by
restriction filed with the County.
Section 1315 - Zoning Map and Boundaries of Zoning Districts
1315.01 Zoning Map.
The boundaries of the zoning districts defined in Section 1320 are hereby established as of November 13, 2006, and shown on
the map entitled "Official Zoning Map of Arden Hills, Minnesota," which map is properly approved and filed in the office of the City
Administrator. (revised 8127118 and reprinted 4124124; updated May 2025; updated October 2025)
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1315.02 Boundaries of Zoning Districts.
District boundary lines as indicated on said map are intended to follow street right-of-way lines, street centerlines or lot lines
unless a boundary line is otherwise indicated on said map.
In the case where a boundary line does not appear to follow a property line, street or right-of-way line, or where such line is not
dimensioned on said map, the boundary line shall be determined by the scale appearing on the map.
Whenever any public street is vacated by official action, the zoning districts abutting the centerline of said vacated street should
not be affected by such action.
1315.03 Annexed Territory.
A building moratorium shall apply, not to exceed the time permitted by State Statutes, to any territory annexed to the City, until
such time as a detailed study by the Planning Commission has taken place as to the proper zoning for the property newly acquired.
Following such study the City shall proceed to zone the property in accord with the procedures prescribed by this Code for
rezoning.
1315.04 Zoning and the Comprehensive Development Plan.
Any application to consider a change in zoning by the City shall concurrently be accompanied by an application to amend the
Comprehensive Development Plan in accordance with the proposed rezoning, if the rezoning is not consistent with the Plan.
Section 1320 - District Provisions
1320.01 Establishment of Districts.
The zoning districts designated herein are hereby established so as to assist the City in carrying out the intent and purpose of its
Comprehensive Development Plan for the City and to control development in a manner consistent with the provisions of adequate
public services and utilities.
1320.02 Designation of Zoning Districts.
(revised 09125117)
For the purposes of this Code the City of Arden Hills is hereby divided into the following zoning districts:
R-1 Single Family Residential District
R-2 Single and Two -Family Residential District
R-3 Townhouse and Low Density Multiple Dwelling District
R-4 Multiple Dwelling District
B-1 Limited Business District
B-2 General Business District
B-3 Service Business District
B-4 Retail Center District
NB NB District
CC Civic Center District
GB Gateway Business District
1-1 Limited Industrial District
1-2 General Industrial District
I -Flex I -Flex District
PUD Planned Unit Development Overlay District
CD Conservation District
POS Parks and Open Space District
INST Institutional District
1320.03 Allowable Uses.
(revised 09125117)
Uses allowed in any district.
Subd. 1 Permitted Principal Uses (P) - Those uses that are allowed as a matter of right and multiple operation uses, as defined
herein, if at least one of the operations is a permitted use and none of the operations is classified as a conditional use. Permitted
multiple family residential, business or industrial uses are required to submit a site plan in accordance with the requirements in
Section 1355.
Subd. 2 Conditional Uses (C) - Those uses that are allowed only after issuance of a Conditional Use Permit as required in
Section 1355.
Conditional Uses may include those uses that are:
A. Listed as conditional uses on the Land Use Chart (1320.05)
B. Not listed on the Land Use Chart as either permitted or conditional uses, but which have been reviewed by the Planning
Commission and designated by the City Council as conditional uses which are similar to those listed;
C. Uses that are both accessory uses and conditional uses (CA);
D. Multiple Operation Uses as defined herein, if at least one of the operations is classified as a conditional use.
Subd. 3 Accessory Uses (A) Those uses that are incidental to the principal use of the premises on which it is conducted.
Subd. 4 Conditional Accessory Uses (CA) Those uses that are both accessory uses and conditional uses, including those listed
on the Land Use Chart.
Subd. 5 Planned Unit Development- PUD (D) Those uses allowed only after issuance of a PUD Permit. Uses allowed in a PUD
may include permitted uses, uses by conditional use permit, accessory uses and conditional accessory uses. The underlying
zoning district(s) establishes the basic allowable uses and the general development standards.
Subd. 6 For any new construction or alteration, building permits must be secured pursuant to the provision of the building code
and this Code.
Subd. 7 Where questions arise as to whether a proposed use falls within a permitted use category and/or a conditional use
category and/or an accessory use category, or whether a specific use that is not included on the Land Use Chart should be allowed
in a particular district, the Planning Commission shall make a recommendation to the City Council which shall make the final
determination that the use is similar to other allowable uses in the district or that a zoning code amendment procedure should be
initiated.
1320.04 Purpose of Districts.
(revised 9125117; revised 0411012023)
Subd. 1 R-1 Single Family Residential District (revised 6/23/11)
A. To establish areas for the development of single family detached housing at a maximum density of approximately three (3)
units per net acre.
B. To reserve development areas for single-family housing.
C. To restrict encroachment of incompatible uses.
D. To maintain density limitations.
E. To take advantage of municipal utilities.
F. To preserve open space.
G. To allow educational uses on campus -like settings which are compatible with adjacent residential uses.
Subd. 2 R-2 Single Family and Two Family Residential District
A. To establish areas for the development of single and two (2) family housing at a maximum density of approximately five
units per net acre.
B. To reserve development areas for single and two family housing.
C. To restrict encroachment of incompatible uses.
D. To maintain density limitations.
E. To take advantage of municipal utilities.
F. To preserve open space.
Subd. 3 R-3 Townhouse and Low Density Multiple Dwelling District
A. To provide areas offering a broad development range in housing units with a maximum density of eight (8) units per net
acre.
B. To retain the environment and character of less intensive residence areas through carefully established bulk and lot area
requirements.
Subd. 4 R-4 Multiple Dwelling District
A. To establish areas for the development of multiple dwelling structures with a maximum density of twelve (12) units per net
acre.
B. To permit the most intensive residential development allowed in the City.
C. To maintain an essentially residential character in areas developed at a more intensive density.
Subd. 5 NB Neighborhood Business District
A. To be located at the edge of residential neighborhoods.
B. To provide a limited range of over-the-counter, convenience, retail, and service uses to accommodate the needs of the
adjacent residents.
C. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses.
D. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use.
E. To accommodate, where possible, a public commons giving residents a place to gather and interact with one another.
F. To ensure adequate buffering is provided on these sites for the adjacent residential uses.
G. To require, where applicable, compliance with the City's gateway requirements.
Subd. 6 B-1 Limited Business District
A. To establish areas for the location and development of administrative office buildings and related office uses which are
subject to more restrictive controls.
B. To provide a district which is related to and may reasonably adjoin high density or other residential districts.
C. To establish a business district in which there is limited contact with the public and no exterior display or selling of
merchandise to the general public.
Subd. 7 B-2 General Business District (revised 12/03/08)
A. To be a place in which people can live, work and play.
B. To create a compact, architecturally diverse, pedestrian- and bicycle -friendly community with a distinct identity.
C. To provide a connected sidewalk system and places for people to gather and socialize.
D. To implement design standards to promote an attractive environment with lasting and sustainable value.
E. To group compatible retail and service business uses that tend to draw trade that is naturally interchangeable and
promotes business prosperity.
F. To provide an adequate supply of businesses and professional service areas to meet the needs of the residents.
G. To minimize the effects of traffic congestion, noise, odor, glare and similar safety problems.
H. To implement the Plan known as the "Guiding Plan for the B2 District," which was adopted by the City Council on October
27, 2008.
Subd. 8 B-3 Service Business District
A. To accommodate an adequate supply of businesses and services that serve the community and motorists traveling through
the community with a broad range of services and goods.
B. To provide locations for uses that may be incompatible with retail centers, thereby keeping the retail centers compact and
convenient.
C. To keep services in close proximity to arterial streets or highways in areas that are appropriately designated on the
Comprehensive Plan.
D. To encourage grouping of compatible and mutually supportive business uses and services.
E. To promote business prosperity.
F. To establish a high standard of development and design that produces a positive visual image and minimizes the effects of
traffic congestion, noise, odor and glare.
G. To allow a transitional reuse of existing buildings until market conditions warrant redevelopment.
H. To enhance redevelopment potential by prohibiting uses that would impede redevelopment.
I. To ensure acceptable traffic operations on local streets.
J. To promote flexibility in land uses and site development standards to achieve the purposes of the district.
Subd. 9 B-4 Retail Center District
A. To meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of
retail goods and services.
B. To promote business prosperity by creating an attractive and functional retail center.
C. To provide an integrated retail trade center that groups compatible retail uses in one or more multiple -occupancy buildings.
Free standing, single -occupancy buildings will be allowed if planned and constructed as part of a unified development that contains
a retail center or is developed after such a retail center is developed.
D. To produce a positive visual image by establishing a high standard of design and development.
E. To allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in
a contemporary retail center and a phasing in of uses and development as warranted by market conditions.
F. To encourage grouping of uses that are mutually supportive and have similar requirements for vehicular and pedestrian
accessibility and exposure.
G. To alleviate potential traffic congestion on local streets by the design of the circulation pattern and arrangement of uses.
Subd. 10 CC Civic Center District
A. To implement that part of City of Arden Hills Comprehensive Plan known as the Civic Center (CC) area.
B. To create a destination -oriented area that serves as focal point for the Community where a mix of uses including public,
small retail, educational, semi-public facilities and some mid -to -high -density housing are located.
C. To bring forth a government center that would integrate Sunfish Lake with a civic campus and commercial area, and create
a gathering/activity place that is unified in purpose, design and use.
D. To require strict development standards and building materials to create a high quality civic environment.
E. To preserve, protect, and enhance existing development adjacent to the district.
F. To promote compact, unified development that takes advantage of the proximity to the adjacent open space areas and
regional transportation facilities.
G. To minimize the effects of traffic congestion.
H. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems
including Lexington, Hamline, and Highway 96.
I. To encourage arrangement of uses that are mutually supportive and have similar requirements for vehicular and pedestrian
accessibility and exposure.
Subd. 11 GB Gateway Business District
A. To implement that part of Arden Hills Comprehensive Development Plan known as the 1-694/1-35W Plan.
B. To promote high quality, unified, large-scale development in a manner similar to a planned unit development.
C. To take full advantage of the site's location as documented and described in the NE 1-694/1-35W Plan.
D. To allow only development that will create an attractive environment and a positive image for this site, which is one of the
most visible in the community and represents the City's last major development site.
E. To protect the site's environmental resources.
F. To promote flexibility in land uses and development standards to achieve the objectives of the 1-694/1-35W Plan.
G. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems.
Subd. 12 1-1 Limited Industrial District
A. To allow only those types and intensities of industrial uses that do not detract from the surrounding area.
B. To maintain performance standards to keep the intensity of land utilization lower than in the general Industrial District.
Subd. 13 1-2 General Industrial District
A. To provide an area where more intensive light industrial land uses may locate.
B. To present the least deleterious effect to adjacent, less intensive land uses.
Subd. 14 I -FLEX District
A. To preserve, protect, enhance and perpetuate existing development in the district.
B. To attract new development that is compatible with existing development in the district in terms of use, performance,
character, quality and appearance of buildings and sites.
C. To permit only those uses that will have traffic generation characteristics that are compatible with existing development in
the district and that will ensure reasonable traffic operation on streets in the vicinity.
D. To encourage new site development that will be compatible with existing site development standards of existing
development in the district.
E. To promote flexibility in land uses and site development standards to achieve the objectives of the I -Flex District.
Subd. 15 Planned Unit Development (PUD) Overlay District
A. To allow flexibility in land development to benefit from new technology in building design and construction and in land
development.
B. To encourage variety in the organization of site elements, land uses (residential and non-residential), building densities,
and building and dwelling types.
C. To promote higher standards of site and building design through the use of trained and experienced professional land
planners, landscape architects, registered architects, engineers and surveyors to prepare plans for all PUD's.
D. To preserve and enhance desirable site characteristics and open space.
E. To promote more efficient and effective use of land, open space and public facilities
F. To effectuate the policies and standards of the Arden Hills Comprehensive Development Plan.
Subd. 16 POS Parks and Open Space District (added 11/25/13)
A. To support the Arden Hills Parks, Trails, and Open Space Plan and the Ramsey County Parks and Recreation System
Plan.
B. To provide an area for publicly owned lands that have recognized outdoor recreational or open space resources.
C. To support community health through the provision of active and passive outdoor recreational opportunities.
D. To promote natural and ecological stewardship.
E. To conserve vital environmental resources.
Subd. 17 CD Conservation District (added 11/25/13)
A. To provide a "holding" zone for federally owned lands on the Arden Hills Army Training Site to ensure that future
development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas
generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage
and soil conditions, and critical wildlife habitat.
B. To provide for areas for the development of solar energy systems.
Subd. 18 INST Institutional District (added 9125117)
To establish areas for the post -secondary education of general public.
To establish areas for the training of well-educated and talented workforce.
To provide for the ability of the post -secondary students to live and have their daily needs met on the campus of the post-
secondary education institution.
To provide the opportunity for athletic programs to be created for the post -secondary students while providing opportunities for
the general public to experience these athletic programs."
1320.05 Land Use Chart.
(revised 5124121; revised 0411012023; revised 412412023; revised 812812023, revised 2112124, revised 7122124; revised
11125124; revised 5127125)
Note: To view 1320.05 Land Use Chart in PDF, click HERE
Uses:
Zoning Districts:
R-1
R-2
R-3
R-4
NB
B-1
B-2
B-3
B-4
CC
GB
1-1
1-2
FLEX
CD
POS
INST
Uses:
Zoning Districts:
R-1
R-2
R-3
R-4
NB
B-1
B-2
B-3
B-4
CC
GB
1-1
1-2
FLEX
CD
POS
INST
Antenna, Dish or Tower
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
Agriculture, Commercial Cannabis
=_
__
__
__
__
__
__
__
__
_=
C
Boarding house
C
C
C
C
C
Brewpub
=_
__
__
__
__
_=
C
C
C
Business service
=_
__
__
_=
A
P
❑P
P
C
P
P
P
P
Cannabis, Mezzobusiness
=_
__
❑❑
__
__
__
_=
C
Cannabis, Microbusiness
=_
__
__
-_
_-
__
__
_=
C
Cannabis Testing Facility
=_
__
__
__
__
__
__
__
__
_=
C
Clinic, medical office
=_
__
__
_=
P
P
P
P
P
C
P
P
P
P
Club or lodge (non-profit)
__
__
__
__
_=
P
P
P
==
C
Club , sports & fitness
=_
__
__
__
_=
A
P
P
I P
C
P
P
==
P
Commercial recreation - indoor
=_
__
__
__
__
_=
P
P
P
=_
_=
P
Commercial recreation - outdoor
=_
__
__
__
__
_=
A
Daycare Facility, over 10
=_
__
__
_=
P
P
P
P
P
==
P
P
P
Day care, family - 10 or less
A
A
A
A
A
==
A
Day care, group family - 14 or less
CA
CA
CA
CA
CA
==
CA
Dog kennel
=_
__
__
__
__
_=
C
Dog run
A
A
A
Drive -up windows
=_
__
__
__
__
_=
C
C
C
==
A
"Dry cleaning & laundry, pick-up station"
__
__
__
-=
C
==
A
A
=_
_=
A
"Dry cleaning & laundry, self-service laundry"
__
__
__
_=
C
==
C
C
Dwelling: density zoning
D
D
D
D
=_
__
__
__
__
__
__
Dwelling: multiple family
=_
_=
C
C
C
==
C
=_
_=
C
C
Dwelling: single-family attached
C
C
D
D
Dwelling: single-family detached
P
P
P
P
Dwelling: two-family
C
C
P
P
C
Dwelling: live -work unit
C
Event Center
=_
__
__
__
_=
CFinancial
institution & service
=_
__
_=
P
P
P
PC
r==
P
P
P
PGarage,
truck
__
__
__
__
__
=_
__
_=
C
C
Higher Education, Campus
=_
__
__
__
__
__
__
__
__
__
__
__
__
__
__
_=
C
Home occupation : Class I
A
A
A
A
A
=_
__
__
_=
A
Home occupation : Class 11
CA
CA
CA
CA
CA
=_
__
__
_=
C
Hospital
Hotel/motel
=_
__
__
__
__
_=
C
P
C
C
C
=_
_=
C
House of worship
C
C
C
C
C
C
C
C
C
C
=_
__
_=
C
Light Manufacturing, Cannabis
=_
__
__
__
__
__
__
__
__
_=
C
Light Manufacturing, Lower -Potency Hemp
Edible
--
--
--
--
--
--
--
--
--
--
C
--
--
--
--
--
--
Lower -Potency Hemp Edible Sales
=_
__
__
_=
CA
==
CA
CA
CA
==
CA
Manufactured home park
=_
_=
C
Manufacturing & processing : Class I
A
A
A
==
P
P
P
P
Manufacturing & processing : Class II
=_
__
__
__
__
__
__
__
__
__
__
_=
P
Micro brewery
=_
__
__
__
__
_=
C
C
C
==
C
=_
_=
C
Micro distillery
=_
__
__
__
__
_=
C
C
C
==
C
=_
_=
C
Mortuary, funeral home
=_
__
__
__
__
_=
P
P
==
C
Multiple occupancy building
=_
__
__
_=
C
C
C
C
C
C
C
C
C
C
Nursery
C
C
C
C
Nursing home and assisted living
C
C
C
C
=_
_=
D
=_
_=
C
Office
=_
__
__
_=
P
P
P
P
P
P
P
P
P
P
Pawn shoe
=_
__
__
__
__
__
__
__
__
__
__
__
__
__
_=
P
=_
Personal services
=_
__
__
_=
C
A
P
P
P
C
P
=_
_=
A
Public use
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Research and development facility
=_
__
__
_=
C
P
C
C
C
==
P
P
P
P
C
C
=_
Research animals
=_
__
__
__
__
_=
C
=_
__
__
_=
C
C
Residence Hall, dormitory
=_
__
_=
C
==
C
D
Residential facility, state licensed, serving 1- 6
p
p
p
p
P
==
p
Residential facility, state licensed, serving 7- 16
C
C
C
C
C
==
C
Restaurant and restaurant -fast food
=_
__
__
_=
C
A
P
P
P
C
P
C
C
Retail, Cannabis Sales
=_
__
__
__
__
__
__
_=
C
Retail sales & service
=_
__
__
_=
P
A
P
P
P
C
A
A
A
A
School, general education
C
C
C
C
=_
__
__
__
_=
C
School, specialized education
=_
__
__
__
_=
C
C
C
C
C
Service station
=_
__
__
__
__
_=
C
C
=_
_=
C
C
C
Solar Energy System
A
A
A
=_
__
__
__
__
__
__
__
__
__
_=
C
Storage, exterior
=_
__
__
__
__
__
__
__
__
__
__
_=
CA
Studio
=_
__
__
_=
C
C
P
P
P
C
Theater, indoor
=_
__
__
_=
A
C
P
==
C
Thrift Store, Class I
P
P
P
=_
__
__
_=
P
Thrift Store, Class 11
=_
__
__
__
__
_=
C
==
C
=_
__
__
_=
C
Utility distribution line
P
P
P
P
P
P
P
P
P
==
P
P
I P
P
A
P
=_
Utility substation
=_
__
__
__
__
__
__
__
__
__
_=
C
C
Utility transmission
C
C
C
C
C
C
C
C
C
==
C
C
C
C
C
C
=_
Vehicle - motorized, leasing and rentals
=_
__
__
-
__
_=
C
C
Vehicle - motorized, service
=_
__
__
__
__
_=
C
C
Warehousing
=_
__
__
__
_=
A
A
A
A
==
C
P
P
C
Wholesaling, Cannabis
=_
__
__
__
__
__
__
__
__
_=
C
"P" = Permitted; "D" = Planned Unit; "== " = Not Permitted;
"C" = Conditional Use Permit; "A" = Accessory; "CA"= Conditional Accessory Use Permit, "I" = Interim Use Permit"
1320.06 District Requirements Chart
(revised 10/25/21)
Note: To view 1320.06 District Requirements Chart in PDF, click HERE
R-1
R-2
R-3
R-4
NB
B-1
B-2
*B-3
*B-4
CC
B
1-1
1-2
1-FLEX
CD
POS
INST
R-1
R-2
R-3
R-4
NB
B-1
B-2
*B-3
*B-4
CC
*G-B
1-1
1-2
I -FLEX
CD
POS
INST
1. Minimum Lot
Area
(SF per Dwelling
Unit)
Single Family
14,000
11,000
11,000
11,000
Two Family
14,000
8,000
8,000
8,000
Multiple Family
=_
_=
5,450
3,630
=_
_=
2,178
PUD
2. Minimum Lot
Area (SF)
Non -Residential
14,000
11,000
11,000
11,000
13,000
13,000
13,000
13,000
==
20,000
5AC
30,000
24,000
24,000
=_
_=
13,000
Uses
Mixed Use Project
or
Multiple
13,000
==
5AC
__
20
Occupancy Center
AC
Single Use Project
10
or Free standing
=_
__
__
__
__
_=
13,000
==
2 AC
==
AC
Building
3. Minimum Lot
Size (ft)
Width/Depth
Non-residential
=_
__
__
_=
100/
100/
100/
100/
100/
100/
100/
100/
100/
100/130
=_
_=
100/130
130
130
130
130
130
100
130
130
130
Single Family
95/130
85/120
85/120
85/120
Two Family
95/130
85/120
85/120
85/120
4. Height (ft.)
35
35
35
35
35
35
50
35
35
35
35
35
45
45
35
35
35
5. Floor Area Ratio
0.3
0.3
0.3
0.3
0.7
0.7
0.8
0.8
0.3
0.8
==
0.6
0.8
0.8
0.3
0.3
0.7
(F.A.R.)
6. Lot Covered by
25%
25%
25%
25735%
35%
45%
40%
25%
407_=
37
40%
40%
25%
25%
35%
Structure
1
7. Min. Landscape
65 %
65 %
65 %
65 %
35 %
25 %
20 %
25 %
25 %
20 %
35 %
35 %
25 %
25 %
65 %
65 %
26
Lot Area
8. Minimum
Building Setbacks
(ft)
Front yard
40
40
40
40
20
50
50
50
50
20
50
55
50
50
40
40
50
Rear Yard
30
30
30
30
20
20
20
20
20
20
20
20
20
20
30
30
20
(Principle )
Rear Yard
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
(Accessory)
Side Yard Interior -
Principal
*
10/2 5
5/15
5/15
5/15
5/15
20/40
10-20
20/40
20/40
10-20
20/40
20/40
20/40
20/40
10/20
10/20
20/40
(Min /total both
yards on lot)
Side Yard Interior -
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
Accessory
Side Yard Corner
40
40
40
40
20
50
20
50
50
20
50
50
50
50
40
40
50
Other Setbacks
60
Lakeshore - High
Water Mark ***
=_
__
__
_=
30
100
==
100
100
100
100
100
100
100
100
Abutting
Residential
Zoning District
9. PUD & SUP
Maximum Dwelling
Unit
3
5.5
8
12
=_
_=
20
=_
_=
20
12
Density Per Net
Acre
* See Sections 1320.07 - 1320.14 for further requirements.
** But in no case less than 1/2 Building Height.
*** See Section 1330.03.
**** Total housing units and building square footage will be determined based on the capacity of the adjacent roadways and
intersections as determined by the required traffic study and may be reduced.
1320.07 Graphic Zoning Illustration
ID
9Ue LOf Llrat 1 �� 1
nillmam side aNback ins �`--� � �
1
1 buildeale rol area
1 u� ti
IF
I L— m-------- — 1 1
I iinun aids w .tea
91DE LOT
1
LOT DCRTM VD. PAY I
6 I
_ SIDE LOT LN£
roar Yard aloo 1 IroM yard<
II Yud
1 ILYAWLDNO
I TTa 11 g' a
ml n
twYn 1, �� 6 IiR 1
BULGING
1 1
I aide I I
Yard ;
SIDE LOT
1
LOT DiPTM - � aLVp. PAVWO I
GRAPHIC ILLUSTRATION OF ZONING TERMS
1320.075 Special Requirements for the Single Family Residential (R1) District.
(added 6/23/11)
Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3,
Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that requires a Conditional
Use Permit. Conditional Use Permits are not required for permitted uses that occupy ap-proved buildings.
Subd. 2 Special Regulations for General Education and Higher Education, School uses. General Education uses shall be
allowed with an approved Conditional Use Permit, and Higher Education uses shall be allowed with an approved Planned Unit
Development. In addition to the requirements in Section 1355 for Conditional Use Permits and Planned Unit Developments, School
uses within the R1 District shall also be required to meet the following requirements:
A. Be located in a campus setting on a contiguous area of land no less than ten (10) acres in size;
B. The campus setting shall be comprised of main buildings and out buildings that are owned or leased by the institution or
school district providing the School use, and within which are offered a mix of no fewer than four of the following educational uses:
classrooms, laboratories, administrative and faculty offices, chapels, auditoriums, libraries, lecture halls, student and faculty
centers, athletic facilities, student housing, dining facilities, and/or other school related uses as approved by the City Council.
1320.08 Special Requirements for the Neighborhood Business (NB) District.
(revised 4/28/08)
Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3,
Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building
construction, modification of a building's exterior or modification of the site. Conditional Use Permits are not required for permitted
uses that occupy approved buildings that do not require exterior building modification or site modification. This provision is subject
to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning
flexibility and to encourage cooperative dialogue between the applicant and the City.
Subd. 2 Special Regulations for Permitted Uses in the NB District. Permitted uses are allowed as specified in the Land Use
Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for Clinics; Financial Institutions &
Service; and Retail Sales & Service. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets
that would negatively impact adjacent residential uses outside the neighborhood business district.
A. Clinics shall not exceed three thousand (3,000) gross square feet.
B. Financial Institutions & Service shall not exceed five thousand (5,000) gross square feet, nor include a drive thru facility,
nor include an outdoor or detached automated kiosk.
C. Retail Sales & Service shall not exceed three thousand (3,000) gross square feet. These uses shall only include: antiques,
art and school supplies, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets
and rugs, china and glassware, clothing and costume rental, convenience store, custom dressmaking, drugs, dry goods, florist,
garden supplies (year-round operation only), gifts, grocery, hardware, hats, hobby shops, household appliance repair, interior
decorating (no retail furniture sales), jewelry, locksmith shops, musical instruments, paint and wallpaper, shoes, sporting goods,
tobacco, toys, and wearing apparel, and similar type uses. Automobile related business, liquor stores, and restaurants, exceeding
forty (40) percent in gross liquor receipts of the total food and liquor receipts, would not be allowed in the Neighborhood Business
District.
Subd. 3 Special Regulations for Conditional Uses in the NB District. Conditional Uses are allowed as specified in the Land Use
Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for restaurants and multiple
family and two-family dwellings units. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets
that would negatively impact adjacent residential uses outside the neighborhood business district.
A. Restaurants shall not exceed three thousand (3,000) gross square feet. Exterior seating will be considered based on its
impact on adjacent residential uses outside the neighborhood business district.
B. Dwelling Units may be located within a mixed use development including non-residential structures.
Subd. 4 District Requirements: (The district requirements in Section 1320.06 for the NB District will apply). To further
accomplish the stated purpose of the NB District, developers are encouraged to plan their sites in the spirit of the purpose and
intent of the Planned Unit Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and
Site Plan Review, the applicant shall identify modifications to the standard zoning requirements otherwise applicable to the site and
the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district.
The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and
relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and
meet the intent of the City as expressed in the NB District purpose and the above criteria for allowable uses.
Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the NB District requires
particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The
arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on
adjoining sites in the district.
A. The City Council will make the final determination on the compatibility and consistency with this provision.
B. Landscaping for the site shall comply with Section 1325.05, Subd. 1 of the Zoning Code.
C. Buffer yards thirty (30) feet in width shall be provide adjacent to all residential uses outside the neighborhood business
district. The buffer yard shall be landscaped with a combination of evergreen trees and deciduous trees such that the use is
substantially screened from the adjacent residences. The buffer yard landscaping may require landscaping in excess of the
minimum requirements.
D. Hours of Operation shall be prohibited between the hours of 11:00 p.m. to 6:00 a.m. All deliveries and loading shall be
done during normal hours of operation.
E. Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent
with those found in the adjacent residential neighborhoods outside the neighborhood business district.
F. Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the
same exterior materials.
G. Lighting shall adhere to the requirements in Section 1325.05 Subd 3. Lighting shall not be permitted to wash the building,
except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals
not to exceed fourteen (14) feet in height.
H. Trash shall be fully screened in a masonry enclosure or shall be stored within the principal structure.
I. Vending Machines shall be located on the interior of the principal structure.
J. Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building.
K. Sidewalks shall be provided adjacent to all public rights -of -way.
L. Gateways, where applicable, should be incorporated into the layout of the site. The 1985 Parkway System Feasibility Study
and the Comprehensive Plan provide additional guidance on the incorporation of gateways.
1320.085 Special Requirements for the B-2 General Business District.
The B-2 General Business District encompasses a primary gateway into the City. The aesthetic and transportation impacts from
new developments and redevelopments must be evaluated to help ensure the long-term viability and success of the B-2 District.
Accomplishing the purpose of the B 2 District requires particular concern for the design of buildings, site features (such as
landscaping, lighting, and signage), site layout, building materials, site design, and other related design elements. To that end, new
development and redevelopment shall conform to the standards in this and related zoning requirements. The "Guiding Plan for the
B2 District' shall act as a guide for development but is not part of the Zoning Code. In reviewing and approving land use
applications, the City Council shall make the final determination on the compatibility and consistency with all provisions in this and
related sections of the Zoning Ordinance. (revised 12/3/08)
Subd. 1 Procedure. To further accomplish the stated purpose of the B2 District, the following procedures shall be used:
A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the
Planned Unit Development (PUD) process. The PUD proposal shall identify any requested modifications from the applicable
zoning requirements and from the "Guiding Plan for the B2 District' as well as the reasons why the modifications would be in the
public interest and would be consistent with the purpose of the B-2 District. Modifications to these requirements may be granted by
the City without a variance through the PUD process. Conditional use permits may also be required for uses list in Section
1320.05.
B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before
November 24, 2008, shall remain in effect but shall use the Planned Unit Development Process for future site amendments.
C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD
process but shall be subject to administrative review and approval:
1. Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the
changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or
their designee;
2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking
lots;
3. Minor modifications to the exterior of a building or a site that substantially conforms to the design standards in Section
1325 and has no discernable impact on traffic as determined by the Community Development Director or their designee;
D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a
variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be
encouraged without costly upgrades or complete changes to a site.
Subd.2 Uses.
A. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B-2 District) that occupy existing buildings do
not require a conditional use permit prior to occupancy. Other city permits may be required.
B. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the B-2 District) require an approved conditional
use permit prior to occupancy. Other city permits may be required.
C. The following land uses are not compatible with the stated purpose of the B-2 District and shall be prohibited:
1. Individual retail businesses larger than 50,000 square feet except for Sports and Fitness Clubs.
2. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational
vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, and similar items. Approved open air garden centers
shall be exempt.
3. Mini storage facilities;
4. Tattoo parlors;
5. Consumer Small Loan establishments;
6. Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products,
chemicals and similar products; and,
7. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from
the Ramsey County Public Health Department.
Subd. 3 Special Regulations for Drive -up Windows. Section 1325.04 of the Zoning Ordinance specifies additional requirements
for drive -up windows and automobile service stations. In accordance with Section 1320.085, Subd. 1, the City Council as part of
the land use application review shall require the following conditions to be met in determining site suitability for drive -up windows:
(revised 6/27/2022)
A. The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and
functionally integrate the building and the site on which it is located.
B. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non -
motorized movements, specifically pedestrian and bicyclists.
C. Requested modifications to the provisions in section 1325.04 shall be stated in writing along with an explanation of why the
modifications would be in the public interest and would be consistent with the purpose of the B-2 District.
Subd. 4 Hotel/Motel Additional Conditional Use Permit Criteria. In addition to meeting the requirements of Section 1345 and
1355.04 Subd 3, hotel/motels shall conform to the following:
A. Meet building code requirements;
B. Entrance to each room shall be from an indoor corridor;
C. Landscaping shall be brought into conformance with section 1325.05 Subd 1.
Subd. 5 Assisted Living Additional Planned Unit Development Criteria. (revised 1/25/2021)
A. In addition to meeting the requirements of Section 1325, multi -family assisted living residential projects may incorporate
memory care units meeting the following:
1. Each unit consists of private bedrooms with bathrooms;
2. Each unit is open to a shared central dining and living areas;
3. Units may be less than 550 square feet;
4. Memory care units shall be considered to be equivalent to .5 dwelling units.
B. In addition to meeting the requirements of Section 1325, an existing hotel -motel use may be used for assisted living upon
approval of a Master Planned Unit Development provided that all of the following requirements are met:
1. The building to be used for assisted living meets applicable building and fire codes as determined by the Fire Marshal
and Building Official;
2. Each room that has occupants on an overnight basis shall have bathroom facilities within the room;
3. The capacity of the building shall not be exceeded
Subd. 6 Event Center Additional Conditional Use Permit Criteria. (added 7122124)
A. In addition to meeting the requirements of Section 1325 and 1355.04 Subd 4, event centers shall conform to the following:
1. The occupancy of the building must never exceed the occupancy load posted based on the Fire Marshal's determination.
2. The serving of alcohol shall be subject to Minnesota State Statute and Chapter 5 - Alcoholic Beverages of the Arden Hills
City Code requirements and is permitted only in conjunction with a private event that is not open to the public.
3. Licensing information from the Ramsey County Sheriff's Office may be requested by City. City could at its discretion
request licensing information from the County Sheriffs Office.
4. A security plan shall be submitted and approved by the City;
5. A noise mitigation strategy shall be submitted and approved by the City.
B. In addition to meeting the requirements of Section 1325 and 1355.04 Subd 4, the City may:
1. Prohibit access from a predominantly residential street;
2. Restrict the hours of operation for loading docks;
3. Require greater than minimum setbacks for structures and driveways;
4. Require opaque screening to eliminate headlight glare;
5. Impose any other restriction it deems to be in the public interest.
1320.09 Special Requirements for the B-3 Service Business District.
The aesthetic and transportation impacts from new developments and redevelopments must be evaluated to help ensure the
long-term viability and success of the B-3 District. Accomplishing the purpose of the B 3 District requires particular concern for the
design of buildings, site features (such as landscaping, lighting, and signage), site layout, building materials, site design, and other
related design elements. To that end, new development and redevelopment shall conform to the standards in this and related
zoning requirements. In reviewing and approving land use applications, the City Council shall make the final determination on the
compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. (revised 12/17/ 08)
Subd. 1 Procedure. To further accomplish the stated purpose of the B3 District, the following procedures shall be used:
A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the
Planned Unit Development (PUD) process. The PUD proposal shall identify any requested modifications from the applicable
zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the
purpose of the B-3 District. Modifications to these requirements may be granted by the City without a variance through the PUD
process. Conditional use permits may also be required for uses listed in Section 1320.05.
B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before
December 8, 2008, shall remain in effect but shall use the Planned Unit Development Process for future site amendments.
C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD
process but shall be subject to administrative review and approval:
1. Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the
changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or
their designee;
2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking
lots;
3. Minor modifications to the exterior of a building or a site that substantially conforms to the design standards in Section
1325 and has no discernable impact on traffic as determined by the Community Development Director or their designee;
D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a
variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be
encouraged without costly upgrades or complete changes to a site.
Subd.2 Uses.
A. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) that occupy existing buildings do
not require a conditional use permit prior to occupancy. Other city permits may be required.
B. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) require an approved conditional
use permit prior to occupancy. Other city permits may be required.
Subd. 3 Special Regulations for Drive -Up Windows in the B-3 District. Section 1325.04 of this Code, specifies additional
requirements for drive -up windows and automobile service stations. In accordance with Section 1320.09 Subd. 1, the City Council
as part of the land use application review shall require the following conditions to be met in determining site suitability for a drive -up
windows and automobile service stations: (revised 6/27/2022)
A. The operation consists of one or more drive -up windows and is an integral part of a building containing one or more other
allowed uses, or the operation is part of an architecturally unified complex containing two or more businesses using drive -up
windows
B. Shared access drives and shared parking are utilized by all such businesses using drive -up windows in said building or
complex.
C. Only one building or architecturally unified complex containing two or more businesses using drive -up windows will be
allowed in addition to one freestanding business using a drive -up window.
D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance
and function of the complex or building.
E. An architecturally unified complex may consist of one or more buildings on one or more parcels if the intent of providing a
unified appearance and function is not compromised.
F. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non -
motorized movements, specifically pedestrian and bicyclists.
Subd. 4 Design Standards. The standards in section 1325 shall apply.
1320.10 Special Requirements for the B-4 Retail Center District.
(revised 12/17/08)
Subd. 1 Procedure. To further accomplish the stated purpose of the B-4 District, the following procedures shall be used:
A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the
Planned Unit Development (PUD) or the Conditional Use Permit (CUP) process. The proposal shall identify any requested
modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest
and would be consistent with the purpose of the B-4 District. Modifications to these requirements may be granted by the City
without a variance through the PUD process. Conditional use permits may also be required for uses listed in Section 1320.05.
B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before
December 8, 2008, shall remain in effect.
C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD
or CUP process but shall be subject to administrative review and approval:
1. Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the
changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or
their designee;
2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking
lots;
3. Minor modifications to the exterior of a building or a site that conforms to applicable zoning regulations and has no
discernable impact on traffic as determined by the Community Development Director or their designee;
D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a
variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be
encouraged without costly upgrades or complete changes to a site.
Subd. 2 Permitted Uses. Due to the replacement, reuse or redevelopment nature of potential development in this district, the list
of 12 permitted uses as of April 1991, that are not permitted in the B 4 District, will be allowed in buildings existing in April 1991 as
permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. Such uses will not be
allowed in buildings constructed after April 1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B 4 District
will be permitted either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redeveloped buildings.
Subd. 3 Uses Allowed by Conditional Use Permit. Due to the replacement, reuse or redevelopment nature of potential
development in this district, the existing 12 uses allowed by conditional use permit as of April 1991 will be allowed to continue as
conditional uses until redevelopment or replacement of the building or buildings housing such uses occurs. No new 12 uses by
conditional use permit will be allowed unless those uses are permitted or allowed by conditional use permit in the B 4 District. The
uses allowed by Conditional Use Permit on the Land Use Chart, Section 1320.05, in the B 4 District will be allowed by conditional
use permit either as replacement uses in buildings existing as of April 1991 or as uses in replaced, redeveloped or new buildings.
Subd. 4 Special Regulations for Drive -Up Windows in the B-4 District. Section 1325.04 of this Code, specifies additional
requirements for drive -up windows and automobile service stations. In accordance with Section 1320.10 Subd. 1, the City Council
as part of the land use application review shall require the following conditions to be met in determining site suitability for drive -up
windows: (revised 6/27/2022)
A. The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and
functionally integrate the building and the site on which it is located.
B. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non -
motorized movements, specifically pedestrian and bicyclists.
C. Requested modifications to the provisions in section 1325.04 shall be stated in writing along with an explanation of why the
modifications would be in the public interest and would be consistent with the purpose of the B-4 District.
Subd. 5 District Requirements. The requirements below are established for development of individual 'lots" and for the overall
development of "planned projects". "Lots" are individual parcels on which may be placed a single building (either single or multiple
occupancy). "Planned projects" are sites on which may be placed (a) A single or multi occupancy retail center; (b) Two or more
free- standing, single or multiple- occu-pancy buildings; or (c) A combination of (a) and (b).
A "retail center" is a single building housing either several retail outlets or a single retail outlet with several departments. In a
"planned project" individual lots may be created for separate buildings or parts of buildings but separate buildings are not required
to be located on separate lots. To allow maximum development creativity and flexibility, regulations such as lot area, side and rear
yard building and parking setbacks, Floor Area Ratio (F.A.R.), number of parking spaces, percent of landscape area, etc., may be
modified for individual parcels and interior lot lines within a project. However, the regulations for these same items must be met for
the total project area and exterior project lot lines.
A. Minimum Lot Area Requirements:
1. Multiple occupancy retail center: 5 acres
2. Freestanding, single or multiple occupancy building: 2 Acres
B. Maximum Bulk Requirements:
1. Height: 35 feet
2. Floor area ratio (F.A.R.):.30
3. Lot coverage by structure: 25%
C. Minimum Landscaped Area: 25%
D. Minimum Building Setbacks:
1. Front yard and exterior project lines: 50 ft
2. Side yard: 20 feet
3. Rear yard: 20 feet
Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the B 4 District requires
particular concern for the design of buildings, site features (such as landscaping, lighting and signage) and site design. The
arrangement, geometry, massing, materials and colors shall be responsive to existing buildings. The City Council will make the
final determination on the compatibility and consistency with this provision.
A. Landscaping (Section 1325.05, Subd 1, shall apply)
B. Parking (GB District regulations, Section 1320.13, shall apply)
C. Signs (GB District regulations, Section 1320.13, shall apply)
D. Lighting (GB District regulations, Section 1320.13,) shall apply)
E. Pedestrian Circulation: All development within the B 4 District shall incorporate pedestrian improvements, which may
include more specific City requirements that become apparent in the plan review process.
F. Drainage /Water Management Plan: A plan must be submitted with each project or lot development in the B 4 District. The
plan must be approved by the Rice Creek Watershed District, other agencies as required, and by the City Engineer. On site
ponding is encouraged as a visual and functional amenity. Two or more lots or projects may coordinate their plans for their mutual
benefit.
1320.11 Special Requirements for the Civic Center (CC) District.
(revised 4/28/08)
Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3,
Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building
construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or
additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to
encourage cooperative dialogue between the applicant and the City.
Subd. 2 Allowable Uses. Development within the CC District will include uses that are permitted and conditional uses on the
Land Use Chart, Section 1320.05, under the CC District. These uses must be consistent with the stated purposes of this district
and the following development criteria:
A. Uses. Uses as shown on Land Use Chart Section 1320.05, under the CC District as permitted and conditional uses are
allowed. Uses not expressly stated on the chart are not allowed, unless determined by the City Council that the use is similar to the
allowed uses and that the use is in the best interest of the City and the CC District. In this case, the applicant must demonstrate to
the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and
proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the CC District
purposes and the criteria for allowable uses.
B. Staging Area. With the exception of during a new construction period, staging areas shall be free of such materials,
equipment or vehicles at the close of each business day. Overnight, weekend or holiday storage is not permitted. Materials transfer
is permitted only for such activities necessary during the normal day-to-day business operation between the hours of 6:00 a.m. and
6:00 p.m. Monday through Friday.
C. Hazardous Materials. All hazardous materials used or stored on site are subject to the regulation of the State Fire and
Building Code and the Minnesota Pollution Control Agency (MPCA).
D. Internal Traffic Control. All buildings shall be accessible to and from nearby public streets. City design review will include
pedestrian, bicycle, transit and automotive circulation patterns and needs.
Subd. 3 Prohibited Uses. Some land uses are specifically not compatible with the stated purpose of the CC District. The
following uses are therefore prohibited:
A. Outdoor storage of equipment, vehicles, and materials. Any type of storage associated with use must be fully contained
within primary or accessory building. Materials used in "staging areas" must not remain on ground for more than twenty-four (24)
hours.
B. Towers for telecommunications. Only antennas that are flush, parallel, unobtrusive and painted the same color as building
will be allowed.
C. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational
vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items.
D. Fast food establishments.
E. Drive-in businesses.
F. Single and two-family housing.
G. Gasoline service stations.
H. Casino.
I. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing
or establishing new or unforeseen standards.
Subd. 4 Development Standards.
A. All district standards specified in Section 1320.06 must be met.
B. Maximum Floor Area Ratio (FAR). The total FAR shall not exceed 0.8.
C. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of
the CC District, multi story buildings will be allowed.
1. State Highways or County Roads: Minimum building setback is 60 feet. Building setbacks from State Highways or County
Roads are measured from roadway easement line.
2. Parking setbacks. Parking areas shall be set back twenty (20) feet from all roadways. The side yard setback requirement
for parking is five (5) feet.
3. Parking between the front of the building and the roadway is not permitted. Parking lots must be setback to be placed
either even with or behind the primary structure.
4. Thirty-five (35) feet is the maximum height allowed.
5. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi building
complexes and single buildings.
6. The location of buildings relative to their heights will consider views and relationship from within the CC District and from
public and private areas off the site.
D. Landscaping and screening. Appropriate and unified landscaping is essential to effectively meet the defined purpose of the
CC District.
1. A landscape plan shall be submitted as required in Section 1325.05, Subd 1 of the Zoning Code.
2. Fences. If fences are used for landscape screening, they must conform to the following:
a) No higher than six (6) feet in rear yards only;
b) No barbed wire, razor wire, or spikes allowed.
c) Fences must blend into the landscape and minimize corrosion. Wood, brick, stone or wrought iron is encouraged. If
chain link is allowed by the City Council, it must have black or dark green vinyl coating.
d) All other requirements of Section 1325.05 Subd 4 must be followed.
3. Special attention to screening from roadways must be given. Screening along Highway 96 must be consistent in
appearance and materials.
4. Overhead garage doors, large parking lots, mechanical utilities and other such items must be properly screened.
5. Special attention must be given to the Gateway entrances at Highway 96 and Hamline Avenue and at Highway 96 and
Lexington Avenue as specified in the community gateway study.
E. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the
stated purpose of the CC District requires particular concern for building design.
1. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement of the whole CC
District.
2. Exterior building materials shall be of brick, stone, glass or any combination thereof, except trim and accessories may be
metal. Materials and colors selected for any individual building shall be compatible with other buildings in the CC District.
3. Exterior characteristics and building materials shall utilize consistent motifs in design, size and scope to create unity in
the CC District. All building elevations shall be considered "fronts."
4. All service entrance areas, mechanical equipment and trash handling devices shall be fully screened.
F. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by
the City in the project review process if the changes will more effectively accomplish the stated purpose of the CC District.
G. Traffic Impact Study. The City may determine if a use will impose limitations on traffic.
H. Generated within the CC District. In order to maintain the functional capacity of the area road system, a traffic study
prepared by a traffic engineer may be required.
I. Signs. Signs are regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein.
J. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors.
1. A lighting plan shall be submitted that shows location, type of illumination and design.
2. Exterior lighting shall be consistent in type, design, and scale to create unity in the CC District.
3. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots,
streets or highways or residential areas south of Highway 96.
4. Light washing of buildings is prohibited. Wall packs are allowed at entrances only. Accent lighting of buildings and sites
may be permitted by the City. A photometric analysis of site and building shall be submitted for City approval.
K. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the City
of Arden Hills Comprehensive Plan. Other pedestrian sidewalks and trails may be required by the City.
1. Site design shall facilitate pedestrian connections and mobility within and between building, sites, and uses by providing
clear visual indicators through door placement, signage, and integrating landscaping components.
2. The city may require bike racks; racks must be placed to not impede pedestrian circulation.
3. Internal sidewalk systems shall connect with adjacent planned or developed public sidewalks or trails.
L. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the CC District. The
plan must be approved by the Rice Creek Watershed District, other agencies as required, and the City Engineer.
1. Regional ponding is encouraged as a visual and functional amenity; two or more sites may coordinate their water
management plans for their mutual benefit.
2. Utility Lines. Underground utility lines shall be required in all develop-ment within the CC District. Except for temporary
measures by special permit, there shall be no utilities located overhead.
1320.12 Special Requirements for the I Flex District.
(revised 12/17/08)
Subd. 1 Procedure. To further accomplish the stated purpose of the I -Flex District, the following procedures shall be used:
A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the
Planned Unit Development (PUD) or the Conditional use Permit (CUP) process. The proposal shall identify any requested
modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest
and would be consistent with the purpose of the I -Flex District. Modifications to these requirements may be granted by the City
without a variance through the PUD process. Conditional use permits may also be required for uses list in Section 1320.05.
B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before
December 8, 2008, shall remain in effect.
C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD
or CUP process but shall be subject to administrative review and approval:
1. Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the
changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or
their designee;
2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking
lots;
3. Minor modifications to the exterior of a building or a site that conforms to the applicable zoning regulations and has no
discernable impact on traffic as determined by the Community Development Director or their designee;
D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a
variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be
encouraged without costly upgrades or complete changes to a site.
Subd. 2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart, Section 1320.05, for the I Flex
District.
Subd. 3 Uses allowed by Conditional Use Permit.
A. Used allowed by Conditional Use Permit as specified on the Land Use Chart, Section 1320.05, for the I Flex District.
B. Wholesaling and warehousing if such use is wholly contained within a building and occupies not more than fifty (50)
percent of the gross floor area of the building in which it is located.
C. Wholesaling, warehousing and related accessory uses which were in existence in April 1991 issued a Conditional Use
Permit, which will allow such uses to continue on the site, or within any existing or expanded facilities or improvements thereon,
provided that the ratios of conditional uses to the gross floor area of the building do not exceed the ratios existing as of the date
hereof. The Conditional Use Permit shall define the scope and ratios of existing uses and may be amended in compliance with the
procedural requirements of Section 1355.04 Subd 3 relative to Conditional Use Permits.
D. Manufacturing or processing that generates hazardous waste with a valid hazardous waste generators license from the
Ramsey County Public Health Department or other licensing agencies having jurisdiction.
Subd. 4 Prohibited Uses. Some land uses are not compatible with the stated purpose of this district and will not be allowed. The
following uses are prohibited:
A. Residential uses, except those required for safety and security reasons in relation to the principal use.
B. Open sales, rental or storage uses or lots.
C. Vehicular sales, lease, rental or repair.
D. Truck terminals, freight terminals and freight forwarding services.
E. Bulk storage buildings, yards and terminals, including but not limited to forest, metal, concrete, agricultural and petroleum
products; chemicals and similar products.
F. Manufacturing or processing that generates hazardous waste without a valid hazardous waste generator license from the
Ramsey County Public Health Department or other licensing agencies having jurisdiction.
Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the I -Flex District requires
particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The
arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on
adjoining sites in the district. The City Council will make the final determination on the compatibility and consistency with this
provision.
1320.13 Special Requirements for the Gateway Business (GB) District.
(revised 4/28/08)
Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3,
Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building
construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or
additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to
encourage cooperative dialogue between the applicant and the City.
Subd. 2 Definitions of Terms Used Herein.
A. Gateway Business (GB) District. A district established specifically to provide a flexible framework for the development of the
area of the city generally located in the northeast quadrant of the interchange at 1 694 and 135W.
B. Mixed Use Project. A segment of the GB District that is controlled by a single developer entity, containing more than one
type of use, and planned as a single development but may be developed in more than a single stage.
C. Single Use Project. A segment of the GB District that is controlled by a single developer entity and containing a single type
of use, planned as a single development and encompassing one or more parcels but may be developed in more than a single
stage.
Subd. 3 Allowable Uses. Development within the GB District will include uses that are specified on the Land Use Chart, Section
1320.05, and shall comply with the following development criteria:
A. Office uses occupying not less than twenty-five (25) percent nor more than fifty (50) percent of a project's total floor area.
B. The mix, relationship and intensity of uses and buildings will be compatible and complementary both internally and with
adjacent uses.
C. Retail or service businesses offering goods, merchandise or personal services for sale primarily to those employed in the
GB District will be allowed to occupy no more than fifteen (15) percent of the total floor area of the building in which they are
located. Service stations with retail services and with a car wash shall be exempt from this restriction.
D. Multi family residential use is limited to that area adjoining the public area surrounding Round Lake and shall not exceed
fifteen (15) percent of the total land area in the GB District exclusive of Parcels 2, 3, 4 and 5 as identified in the NE 1 694/1 35W
Plan. Densities shall not exceed those allowed in an R 4 Residential District.
E. Licensed day care facilities will be allowed either in a building containing other uses or in a freestanding building.
Freestanding day care facilities are not required to meet minimum floor area or minimum lot area requirements otherwise required
in the GB District.
F. The use is in the best interest of the City and the GB District. The applicant shall demonstrate to the satisfaction of the City
that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible
and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the GB District purpose
and the above criteria for allowable uses.
Subd. 4 Uses Allowed by Conditional Use Permit. Service stations with retail sales and services and with a car wash are
allowed by Conditional Use Permit. Such uses shall offer retail, gasoline, and car wash services and shall not contain vehicle repair
bays or offer vehicle repair services; minor repairs; incidental body and fender work; minor painting and upholstering; replacement
parts and motor services to passenger automobiles and trucks not exceeding one and one-half tons capacity; major general repair;
rebuilding and reconditioning of engines, motor vehicles or trailers collision service, including body, frame, or fender straightening
or repair; or overall painting or paint job.
Subd. 5 Prohibited Uses. Some land uses are not compatible with the stated purpose of the GB District. The following uses are
therefore prohibited:
A. Single family or two family residences
B. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational
vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items.
C. Vehicular sales, lease rental or repair, including but not limited to the items listed in (b) above.
D. Truck terminals, freight terminals and freight forwarding services.
E. Building supply stores and yards.
F. Outside storage.
G. Warehousing and wholesaling exceeding seventy-five (75) percent of the building in which it is located.
H. Mini storage facilities.
I. Bulk storage buildings, yards and terminals, including but not limited to, forest, metal, concrete, agricultural and petroleum
products, chemicals and similar products.
J. Manufacturing that requires outdoor storage of bulk, raw or finished materials used in or resulting from the manufacturing
process.
K. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from
the Ramsey County Public Health Department.
L. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby
imposing or establishing new or unforeseen standards.
Subd. 6 Development Standards.
A. Minimum project and lot size.
1. Except as otherwise specifically set forth in this Section, a mixed -use project within a GB District shall contain a minimum
of twenty (20) acres. The proposed land uses in such a project and their mix, intensity and relationship may require varying lot
sizes within said project, none of which lots shall be less than five (5) acres in size except as otherwise permitted herein.
2. Lots of less than five (5) acres within a mixed use project may be permitted only when the applicant has demonstrated
satisfactorily that:
a) The lot will be the site of a use that will be compatible with and will complement and enhance existing and planned
businesses.
b) The primary business of the proposed complementary use will serve business activities within the GB District.
3. Single use projects, excluding service stations with retail sales and services and with a car wash, shall contain a
minimum area of ten (10) acres.
4. Interior lot lines within a mixed or single use project maybe located to allow individual ownership of specific buildings. To
allow maximum development creativity and flexibility, regulations such as side and rear yard building and parking setbacks, F.A.R.,
number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines. However,
the regulations for these same items must be met for the total mixed use or single use project area and exterior project lot lines.
a) Minimum Building Size. To accomplish a scale of development consistent with the defined purpose of the GB District,
the minimum ground floor area of a building other than residential uses, and for service stations with retail sales and services and
with a car wash, shall be twenty thousand (20,000) square feet, except as otherwise regulated herein.
b) Maximum Floor Area Ratios (F.A.R.). The total F.A.R. of a Mixed -Use project shall not exceed 0.5. In order to achieve
the open space objectives of the GB District, mixed use projects shall conform with the following relationships, F.A.R., building
height, and landscape lot area.
Minimum Building Height In Maximum Project F.A.R. Minimum Landscape Lot Area
Stories
3 0.5 35%
2 0.4 35%
1 0.3 35%
Proj. F.A.R. = F.A. Bldg. 1 + F.A. Bldg. Bldg. 2 + F.A. Bldg. n
A
Where: F.A. = Total Floor Area in Square Feet
n = Total Number of Buildings
A = Project Area in Square Feet
B. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of
the GB District, multi story buildings will be encouraged.
1. Building height will be regulated only as it affects the safety of occupants, compatibility with other uses and buildings, and
other City and District requirements.
2. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi building
complexes and single buildings.
3. The location of buildings relative to their heights will consider views and relationship from within the GB District and from
public and private areas off the site.
4. Minimum building setback requirements are fifty (50) feet from all streets and exterior project property lines and twenty
(20) from all interior property lines, except that interior lot line setback requirements may be modified by the city in the project
review process if specific conditions of the project plan justify modification.
C. Landscaping. Appropriate and unified landscaping is essential to effectively meet the defined purpose of the GB District.
1. A landscape plan shall be submitted as required in Section 1325.05, Subd 1, of the Zoning Code.
2. Special landscape enhancement of views from 1 694 and 135W will be required.
D. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the
stated purpose of the GB District requires particular concern for building design.
1. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement, geometry and
massing of the whole of the GB District.
2. Exterior building treatment (wall surfaces) shall be of brick, stone, glass or any combination thereof, except trim and
accessories may be metal.
3. Materials and colors selected for any individual building shall be compatible with other buildings in the GB District.
4. All service entrance areas, mechanical equipment and trash handling devices shall be screened from adjacent building
and off site visibility.
5. A "campus" plan arrangement is hereby encouraged and a "signature" building is considered desirable.
E. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by
the City in the project review process if the changes will more effectively accomplish the stated purpose of the GB District.
Surface parking shall maintain a fifty (50) foot landscape setback from all public streets and a twenty (20) foot landscaped area
from exterior project property lines, except for access drives that may cross the setback area. Since the intent of this parking
setback is to provide visual separation for large scale developments service stations with retail sales and services and with a car
wash shall be exempt for this particular requirement and instead shall be required to meet the general parking setback
requirements (a twenty (20) foot parking setback from any public street or right-of-way and a five (5) foot parking setback from any
side or rear property lines) as stated in Section 1325.06.
F. Traffic Impact Study. The City has determined that the traffic capacity of the interchange at 135W and State Highway 96 will
impose limitations on traffic generated within the GB District. In order to maintain the functional capacity of the area road system,
both internal and external traffic and parking plans and traffic generation studies prepared by registered traffic engineers will be
required for all project within the GB District.
G. Signs. Signs will be regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. To
promote the purpose of the GB District:
1. A sign plan shall be submitted in connection with the site plan or PUD Master Plan that shows the location, type, size and
design of the individual signs.
2. Deviation from the standard regulations shall be allowed only after the applicant demonstrates, and the City concurs, that
the deviation is essential to further the purpose of the GB District
3. Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written
approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in
connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of
the billboards, located within the GB District.
H. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors.
1. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots,
streets or highways or residential areas east and south of Round Lake.
2. Accent lighting of buildings and sites may be permitted by the City.
3. Alighting plan shall be submitted that shows location, type of illumination and design.
I. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the NE 1
694/1 35W Plan approved by the City. Other pedestrian sidewalks and trails may be required by the City.
J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the GB District. The
plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer.
1. On site ponding is encouraged as a visual and functional amenity.
2. Two or more projects may coordinate their water management plans for their mutual benefit.
K. Utility Lines. Provision for underground utility lines shall be required in all development within the GB District.
1320.14 Planned Unit Development (PUD) Overlay District.
Subd. 1 General Purpose. The Planned Unit Development (PUD) District promotes the development of land in a unified manner
by treating the entire development as a single entity and relaxing the strict application of standard zoning and subdivision
requirements, in exchange for a project that better forwards the goals and purpose of the City's Comprehensive Plan. The purpose
of the PUD process is to achieve a higher quality, better project than would otherwise be possible if the strict application of the
zoning and subdivision requirements were met. While PUD's may be allowed in any district, they are required for some types of
development in certain districts.
Subd. 2 Applicability. The PUD District is an overlay zoning technique, whereby the basic underlying zoning district establishes
the basic allowable uses and the general standards for development and the approved PUD plan establishes the specific
regulations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning
change is required to accommodate the uses or general intensity of development in the PUD, an application for a Zoning District
change shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the
underlying zoning district and designation as a PUD district.
Subd. 3 General Procedure.
A. Applicant shall meet with City Staff to clarify and determine PUD requirements and discuss applicant's development
concept.
B. Applicant shall submit PUD Concept Plan to the City (Optional).
C. Applicant is encouraged to have community meetings where appropriate (Optional).
D. Applicant shall submit PUD Master Plan to City.
E. Planning Commission conducts public hearing(s) on the PUD Master Plan and make a recommendation to the City
Council.
F. City Council may conduct additional hearings and take action on the PUD Master Plan.
G. The PUD Master Plan, as approved, including all applicable documents, is adopted as the governing development plan for
the PUD property.
H. Applicant submits Final PUD Plan for elements that are to be developed imminently. A Final PUD Plan will be submitted for
each stage of development and construction.
I. Planning Commission reviews Final PUD Plan and recommends action to the City Council.
J. City Council reviews and takes action on the Final PUD Plan.
K. Applicant applies for all necessary permits to begin construction.
Subd. 4 Planned Unit Development (PUD) Concept Plan Review (Optional)
A. Purpose. A PUD Concept Plan Review is an informal discussion process that allows the applicant to present preliminary
ideas about a contemplated development project, and, in turn, the City may offer suggestions and concerns regarding the concept.
B. Application, Documentation and Administrative Procedure. The applicant shall complete and submit to the zoning
administrator an application on forms provided by the administrator, together with the required fee and escrow.
C. City Procedure. The City will prepare a summary of the proposed Concept Plan in terms of City plans and regulations and
transmit this information and the information submitted by the applicant to the Planning Commission and City Council to assist their
review of the proposal. Applicants are encouraged to have informal consultations with City Staff prior to the filing of an application
for Concept Plan Review, provided no statement or representation made by said staff shall be binding upon the City of Arden Hills.
D. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to
the applicant. These comments and suggestions will be transmitted to the City Council. The City Council will offer comments and
suggestions regarding the Concept Plan to the applicant. A public hearing is not required for this stage, and the City will take no
formal action at this stage. No suggestions made by the Planning Commission or Council on the proposed Concept Plan are
binding on the City for subsequent stages.
Subd. 5 Planned Unit Development (PUD) Master Plan.
A. Procedure. The first step in the PUD review process is the submittal and approval of a PUD Master Plan. Upon approval,
the applicant proceeds to the PUD Final Plan for each stage of development, or may apply for both the Master Plan and Final Plan
concurrently.
B. Application and Documentation. The applicant shall complete and submit to the City a PUD Master Plan application on
forms provided by the zoning administrator, together with the required fee and escrow. The applicant shall submit documentation
as required in Appendix A, Procedure Manual, and Paragraph G of this Section below.
C. Procedure for Council Action. The procedure for Council action in Chapter 1355.04 Subd 6 shall apply.
D. Other Requirements Applicable to a PUD Master Plan Approval. In making its decision as to whether to approve the
applicant's PUD Master Plan the City Council shall be guided by the provisions of Section 1355.04 Subd 3.13. Council action on the
PUD shall follow the provision of Section 1355.05.
E. Documentation for Larger Complex Areas. Additional documentation required for a Master Plan for larger complex areas
(development tracts five (5) or more acres in size or of such complexity that more detailed and complete plans are warranted):
1. Land Use and Design Component. A land use component shall consist of a map or maps setting forth the distribution,
location and extent of the area of land devoted to each category of land use existing and proposed as part of the Master Plan,
including, but not limited to, the existing and proposed coverage of area by buildings, streets, trees and landscaping, and parking.
Said map or maps shall encompass not only that portion of the development tract located within the City but also any portion
thereof located in an adjacent municipality. Said component shall also contain a descriptive statement of objective, principles and
standards used in its formulations. The land use and design component shall also contain a descriptive statement of the standards
of population density and building intensity for the various proposed land uses, including estimates for future population
characteristics and change within the planned community correlated with the other components of the Master Plan. The supporting
data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square
footage by type for the various nonresidential facilities, including sufficient data to calculate traffic generation, parking
requirements, water consumption, sewage needs and the necessary capacity of related utilities and services traditionally rendered
by public and private organizations for a population of such size as is projected for the completed, planned development.
2. Transportation and Parking Component. The transportation and parking component shall consist of a map or maps
setting forth the general location and extent of all traffic circulation, pedestrian and bicycle circulation, and parking facilities, existing
and proposed, as part of the Master Plan of the entire development tract, including any portion thereof located in an adjacent
municipality. In addition, it shall include, among other things, documentation, data or expert testimony in sufficient detail to show
the impact of traffic expected to be generated by the proposed development over the course of its growth and expansion upon the
current and projected traffic in surrounding streets; to demonstrate the adequacy of parking facilities in light of existing and
projected population of the development; and to show the adequacy of streets providing access to and from proposed and existing
parking facilities. The City may require a traffic study. Said component shall also contain a descriptive statement of objectives,
principles and standards for its formulation.
3. Utilities and Grading Component. A utilities and grading component shall contain a map(s) setting forth the general
location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse
disposal, drainage, local utilities and rights -of -way, easements, facilities and appurtenances necessary therefore. In addition, it
shall include a grading plan showing in sufficient detail the amount and type of fill or excavation to be used to accomplish the
grading of the development tract, or portion thereof, the contours of the areas to be graded, and provisions made for storm water
drainage so that the City can assess the impact of such grading upon the remainder of the development tract and the surrounding
neighborhoods. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used
for its formulation, as well as a detailed statement describing the proposed ownership, method of operation and maintenance of
each such service and facility.
4. Contractual Component. The City shall prepare the necessary development agreement or contracts for the PUD Master
Plan. The applicant shall submit agreements or contracts affecting the owner or owners of individual units or of the entire project
proposed under the PUD Master Plan, such as homeowners' agreements, business improvement areas, and covenants.
5. Construction Staging Component. A construction staging plan shall include a map or maps setting forth the proposed
chronological order of construction relating each proposed use and structure to the construction of the various services and
facilities as specified in the master plan. The staging plan shall include estimated completion dates and shall specify the proposed
order of request for utility release or authority to occupy completed structures so as to provide a basis for determining the
adequacy of the related services and facilities for each separate construction stage.
6. Subdivision Component. In the event the development tract is to be subdivided, the developer shall submit a subdivision
plan. A subdivision plan shall contain a descriptive statement of the principles governing the proposed subdivision of land, including
lot design for various proposed land uses. A subdivision request shall include all of the documentation necessary for preliminary
plat approval as found in the Subdivision Ordinance of the City of Arden Hills. This component shall be in sufficient detail so that it
can serve as the basis for determining the conformity of any PUD Final Plan to the PUD Master Plan.
7. Additional Components. The Master Plan may include as additional components, a recreation component; a public
building component, providing for consideration of administrative and public safety quarters; and such other components indicated
by the nature of the particular proposed development.
Subd. 6 Planned Unit Development (PUD) Final Plan.
A. Purpose. The purpose of the PUD Final Plan is to implement and ensure conformity with the PUD Master Plan. Each stage
of the PUD Master Plan shall require a PUD Final Plan before development.
B. Procedures. The applicant for a PUD Final Plan approval of a specific stage of the PUD Master Plan shall complete and
submit to the zoning administrator an application on forms provided by the administrator, including all application fees and escrows.
Other applications such as preliminary plat, final plat, and conditional use permit may also be required. The applicant shall provide
the following:
1. Awritten statement describing the proposed development in the PUD Final Plan application.
2. The proposed starting and completion dates for the construction.
3. The applicant shall submit documentation demonstrating that the PUD Final Plan is in conformance with the PUD Master
Plan.
C. Development Agreement and Bonding.
1. A development agreement and corporate surety may be required at the time of PUD Final Plan approval by the City
Council to assure that all improvements to be constructed as part of the approved PUD Final Plan are completed in accordance
with the terms and conditions of such plan, or each stage thereof as outlined in the construction staging component. The bond
shall guarantee in a penal sum equal to one hundred twenty-five (125) percent of the cost of such improvements as estimated by
the City. The development agreement and bond shall be filed with the administrator no later than sixty (60) days after PUD Final
Plan approval.
2. The development agreement may provide for several bonds covering separate aspects of the PUD, the aggregate of
which shall total one hundred twenty-five (125) percent of all the improvements to be constructed and completed by the applicant
pursuant to the approved PUD Final Plan. In this case, each bond required by the development agreement shall be filed no later
than sixty (60) days after PUD Final Plan approval. It may also require guarantee bonds in the penal sum of one hundred (100)
percent of the cost of completed improvements, as estimated by the City Engineer to guarantee such improvements for whatever
lengths of time are specified therein. The release of any bond or any portion thereof shall either be governed by the terms and
provisions of the development agreement or shall be based upon the recommendation of the City Engineer or City Planner and
approval by the City Council.
3. If the applicant fails to enter into a development agreement and to file the corporate surety bond with the administrator by
the expiration of the sixty day period, the PUD Permit, Final Plat (if any) and approved PUD Final Plan shall be deemed void,
nullified and revoked unless an extension is requested in writing by the applicant and for good cause granted by the City Council.
D. Park and Open Space Dedications and Covenants.
1. To ensure that any park, open space, recreational areas, common areas and the like that are proposed to be owned and
maintained by a homeowners' association, business improvement district, or other similar association are properly maintained for
their approved uses, the City Council may require that the applicant execute and grant to the City easements and covenants over
such areas within sixty (60) days after the City Council has made such requirements.
2. If the applicant fails to execute the open space easements and covenants and to file the same with the administrator by
the expiration of the sixty (60) day period, the PUD Permit, Final Plat, if any and Final Plan shall be deemed to be void, nullified
and revoked unless an extension has been required in writing by the permittee and for good cause granted by the City Council.
1320.145 Special Requirements for the Parks and Open Space District.
(added 11 /25/13)
Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04, Subd. 3,
Conditional Use Permits, shall be followed for all development that requires a Conditional Use Permit. This provision is subject to
any modifications or additions set forth in this Section.
Subd. 2 Conditional Uses. In addition to the evaluation criteria established in Section 1355.04, Subd. 3, applications for
conditional uses within the POS District will be evaluated by the City Council based on the following consideration:
A. The compatibility of the proposed use with the natural features and recreational amenities of the Parks and Open Space
District area.
Subd. 3 Development Standards. If the City determines in its review of site and building plans for developments within the
District that the protection of natural features requires certain performance standards, the City may require additional development
standards to protect those features.
1320.15 Special Requirements for the Conservation District.
(added 11125113; revised 0411012023)
Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04, Subd. 3,
Conditional Use Permits, shall be followed for all development that requires a Conditional Use Permit.
Subd. 2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart, Section 1320.05. The following uses
are also permitted:
A. Any facility, building, or structure controlled by either the Minnesota National Guard or Army Reserve located on the Arden
Hills Army Training Site.
B. Any use or activity carried out by either the Minnesota National Guard or the Army Reserve on the Arden Hills Army
Training Site.
Subd. 3 Conditional Uses. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the CD
District. However, this Code specifies additional requirements for a solar energy system.
A. Solar Energy Systems shall be evaluated as part of the Conditional Use Permit review for development consistent with the
District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design
standards including but not limited to setbacks, lot coverage, height, access, size, screening, and fencing based upon site
suitability and abutting properties and area.
1320.16 Requirements for Affordable Housing.
(added 04/27/2026; revised 07/27/2026)
Subd. 1 The City Council of Arden Hills finds and declares the following:
A. The health, safety, and economic welfare of present and future residents of Arden Hills depends on the availability of
housing choices affordable to people and families at various income levels, including those earning less than 80% of Area Median
Income (AMI).
B. Stable, safe, and affordable housing provides measurable health and economic benefits for individuals, families, and the
community as a whole.
C. There is a demonstrated need to encourage the development of affordable housing for Arden Hills' workforce and families.
D. New residential development can accommodate existing demand for affordable housing for service workers, teachers,
public safety personnel, and other essential community members.
E. The preservation of naturally occurring affordable housing (NOAH) is critical as market pressures increase rents and
threaten the displacement of existing affordable units.
F. Economic integration of affordable housing within market -rate developments creates diverse, stable neighborhoods and
prevents the concentration of poverty and the concentration of wealth.
Subd. 2 Purpose. The purpose of this section is to:
A. Maintain a balanced community that provides housing opportunities for households at all income levels.
B. Ensure housing opportunities for employees of businesses located in Arden Hills and the surrounding region.
C. Implement affordable housing goals and policies contained in the City's Comprehensive Plan.
D. Promote economic integration by including affordable units within market -rate developments.
E. Create affordable housing without requiring public subsidies or tax increment financing.
Subd. 3 This section is adopted pursuant to:
A. Minnesota Statutes § 462.358, subd. 1 a, which authorizes municipalities to adopt ordinances for the purpose of increasing
the supply of affordable housing using land use mechanisms.
B. Minnesota Statutes § 462.358, subd. 11, which authorizes municipalities to enter into agreements requiring affordable
housing with established pricing and long-term affordability controls; and
C. Minnesota Statutes § 473.859, which requires municipal comprehensive plans to promote creation of affordable housing
for low- and moderate -income individuals and families.
Subd. 4 Definitions. The following terms shall have the meanings indicated:
AFFORDABLE. Housing is affordable when a household pays no more than 30% of gross household income for housing costs,
including rent or mortgage payment, utilities, fees, and charges.
AFFORDABLE RENTS. The rent and utilities for the affordable housing units will be based on payment standards by Zip code
using Small Area Fair Market rents, as established by the Metro HRA or, as applicable, MN Housing income limits, US Department
of Housing and Urban Development income limits, the Multifamily Tax Subsidy Projects (MTSP) Income Limits are used to
determine qualification levels as well as set maximum rental rates for projects funded with tax credits or tax exempt housing bonds
authorized under the Internal Revenue Code as adjusted annually.
AFFORDABLE HOUSING UNIT. A dwelling unit that has income and rent restrictions pursuant to this section to ensure
affordability for eligible households.
AREA MEDIAN INCOME (AMI). The median household income as most recently determined by the U.S. Department of
Housing and Urban Development (HUD) for the Minneapolis -St. Paul -Bloomington, Minnesota -Wisconsin Metropolitan Statistical
Area, adjusted for household size and number of bedrooms.
DENSITY BONUS UNIT. A unit as a result of an increase in density permitted above the per acre limit established by the city
code
DEVELOPMENT. A new residential or mixed -use development, including construction in phases or stages, for which city
approvals are being or have been sought.
DWELLING UNIT. One or more rooms designed for residential use by a single household, containing cooking, living, sanitary,
and sleeping facilities.
ELIGIBLE HOUSEHOLD. A household with annual income at or below 80% of AMI for rental units, or at or below 110% of AMI
for ownership units.
MARKET -RATE UNIT. A residential dwelling unit not subject to affordability restrictions under this section.
NATURALLY OCCURRING AFFORDABLE HOUSING (NOAH). Existing rental housing that is affordable to households at or
below 60% of AMI without public subsidy, typically constructed between 1940 and 1990 and classified as Class B or C real estate
property.
SUBSTANTIAL REHABILITATION. Improvements to a property where the cost exceeds 20% of the property value (excluding
land) after improvements.
TENANT PAID RENT. The monthly rent for an affordable dwelling unit shall include rent, utility costs and any other non -optional
monthly occupancy charges.
WORKFORCE HOUSING. Housing affordable to households earning between 60% and 80% of AMI, typically needed by
teachers, public safety personnel, healthcare workers, and other essential workers.
Subd.5 Applicability.
A. This section applies as follows:
1. New multifamily residential developments creating 20 or more dwelling units.
2. Mixed -use developments with a residential component of 20 or more dwelling units.
3. Substantial rehabilitation or reconstruction of existing buildings containing 20 or more dwelling units.
4. Conversion of non-residential buildings to residential use creating 20 or more dwelling units.
5. Those developed on property purchased from the City of Arden Hills unless a waiver is approved by the Arden Hills City
Council.
6. The development must comply with this inclusionary housing ordinance as amended and approved by the city council as
of the date the development enters into a development agreement with the city.
7. Properties within the TCAAP development Plan Area, as defined in the TRC, are exempt from this section.
B. Calculation of Units/Payment in Lieu
1. For phased developments, the affordable housing requirement shall be calculated based on the total number of units in
all phases. Affordable units shall be provided proportionately across phases.
2. When calculating the number of affordable units required, any fraction of 0.5 or greater shall be rounded up to the nearest
whole number; fractions less than 0.5 shall be rounded down.
Subd. 6 Affordable Housing Requirement
A. New Development Requirements
1. Developments subject to this section shall provide affordable housing units according to the following standards:
Options (Choose one)
Affordability Standard
Maximum household
income
Minimum % of Units
1
Ext. low income
30%AMI
5%
2
Very low income
50%AMI
5%
3
Low income
60%AMI
17.5%
4
1 Workforce housing
80%AMI
1 10%
2. On -site parking shall be provided (either surface or enclosed) for affordable units and shall be included within the
affordable sales price and/or affordable rent. At least one enclosed parking stall shall be included in the purchase price of an
affordable for -sale unit in the same manner as offered to buyers of market -rate units.
3. For ownership housing (condominiums, townhomes/twin homes, duplexes, triplexes, rowhouses, and four-plexes), at
least 10% of units shall be affordable to households at or below 110% of AMI, including any related and required association or
management fees.
B. Naturally Occurring Affordable Housing (NOAH) Replacement Requirement. If a development demolishes or converts
NOAH units, the new development must replace those units at a minimum rate of 20% of total units affordable at 60% AMI.
Replacement units shall be comparable in bedroom count and total bedroom square footage to the demolished units.
C. Integration and Design Standards
1. Distribution and Integration. Affordable units:
a. Shall be distributed throughout the development and not concentrated in any single building, floor, or section.
b. Shall be proportionately distributed across all unit types (studio, 1-bedroom, 2-bedroom, 3-bedroom, etc.).
c. Shall be indistinguishable from market -rate units in terms of exterior appearance and quality of construction.
d. May be either "fixed" or "floating." Fixed units are those identified by unit number and never change. Floating units may
change over time as long as the total number of units and any specific quantity of bedroom sizes or total square footage in the
property remains compliant with the original Development Agreement.
2. Comparable Quality. Affordable units shall:
a. Have the same design, materials, and construction quality as market -rate units.
b. Have comparable square footage and room sizes to market -rate units of the same bedroom count.
c. Have comparable furniture, fixtures and equipment to market -rate units.
d. Have access to the same amenities, facilities, and services as market -rate units.
e. Have proportional access to parking, including both surface and enclosed parking if available.
Subd. 7 Affordability Controls
A. Rent Limits. Maximum rent for affordable units, including utilities, parking and all mandatory fees, shall not exceed 30% of
the applicable AMI level adjusted for household size and bedroom count. Rent limits shall be based on Metro HRA Small Area Fair
Market Rents or Minnesota Housing income limits, whichever is more restrictive.
B. Rental affordable dwelling units shall be rented only to income eligible families during the period of affordability. A
household that was income eligible at initial occupancy may remain in the affordable dwelling unit for additional rental periods as
long as the income of the household does not exceed one -hundred forty percent (140%) of the applicable AMI.
C. Period of Affordability. Affordable units shall remain affordable for a minimum of 20 years from the date of initial certificate
of occupancy. Affordability shall be secured through a recorded covenant or deed restriction approved by the City Attorney.
D. Non -Discrimination. Developers, owners and managers shall not discriminate against prospective tenants on the basis of
source of income. Projects subject to this policy shall accept tenant -based rental housing assistance including but not limited to
Section 8 Housing Choice Vouchers, HOME tenant -based assistance and Housing Support. Tenants with rental assistance may
occupy an affordable dwelling unit with the rent charged not exceeding the maximum allowed by Metro HRA or the assistance
provider.
Subd. 8 Regulatory Incentives. To offset the costs of providing affordable housing without public subsidy, developments meeting
the requirements of this section, are eligible for the following regulatory incentives:
A. Density Bonus.
1. Developments providing affordable units at or below 80% AMI may receive a density bonus of up to 25% above the
maximum density otherwise permitted, provided the increase does not negatively impact surrounding properties or conflict with
comprehensive plan goals.
2. Developments providing affordable units at or below 60% AMI may receive a density bonus of up to 50% above the
maximum density otherwise permitted, provided the increase does not negatively impact surrounding properties or conflict with
comprehensive plan goals.
3. The density bonus shall not increase the number of required affordable units. Bonus units may be market rate.
B. Lot Size and Width Reduction. Minimum lot size and lot width requirements may be reduced by up to 25% for developments
meeting affordability requirements, subject to site plan approval and findings that public health, safety, and welfare are protected.
C. Lot Coverage Increase. Maximum lot coverage may be increased by up to 10% for developments meeting affordability
requirements, subject to adequate stormwater management and site plan approval design review.
D. Expedited Review. Applications for developments providing affordable units shall receive priority review by city staff and may
be placed ahead of other applications in the review queue.
E. Parking Flexibility. The City may consider parking reductions of up to 25% for developments meeting affordability
requirements, provided adequate parking is demonstrated through a parking study and subject to conditions ensuring affordable
unit residents have equitable access to parking at no additional charge.
Subd. 9 Affordable Housing Plan
A. Required Submission. All developments subject to this ordinance shall submit an Affordable Housing Plan as part of the
final development plan application. The plan shall be approved by the City Council prior to issuance of building permits.
B. Plan Contents. The Affordable Housing Plan shall include:
1. Total number of units and number of affordable units by AMI level.
2. Unit mix showing bedroom counts or total square footage of leasable space for both market -rate and affordable unit
types.
3. Site plan and floor plan showing location and distribution of affordable units.
4. Proposed rent levels for affordable units demonstrating compliance with affordability limits.
5. Management plan describing marketing, tenant selection, income verification, and annual reporting procedures.
6. Phasing plan showing proportional development of affordable and market -rate units (if applicable).
7. Draft affordability covenant or deed restriction in form approved by the City Attorney.
Subd. 10 Development Agreement
A. Required Agreement. Prior to issuance of building permits, the developer shall execute a Development Agreement with the
City. The agreement shall incorporate the approved Affordable Housing Plan and set forth all commitments and obligations of both
parties.
B. Recorded Covenant. The developer shall execute and record with the County a covenant or deed restriction, in form
approved by the City Attorney, that runs with the land and ensures continued affordability of designated units for the required
period. The covenant shall be recorded prior to issuance of certificates of occupancy.
C. Right of First Refusal. The agreement may include a right of first refusal providing the City or designated affordable housing
organization with the option to purchase the property before it is offered on the open market, to preserve long-term affordability.
Subd. 11 Monitoring and Compliance
A. Annual Reporting. Property owners shall submit an annual report to the City Administrator or designee by February 1 of
each year, containing:
1. Total number of units and number of affordable units by AMI level.
2. List of all affordable units or sum total/percentage of leased square footage of affordable units.
3. Current rent for each affordable unit.
4. Income verification documentation for new tenants.
5. Vacancy information.
6. Certification of compliance with all requirements of this ordinance and the Development Agreement.
B. Monitoring and Inspection. The City reserves the right to inspect records and properties to verify compliance with
affordability requirements. Inspections shall be conducted upon reasonable notice and during normal business hours.
C. Phasing Compliance. For phased developments, certificates of occupancy for market -rate units shall not be issued until a
proportionate number of affordable units in that phase have received certificates of occupancy and are available for occupancy.
Subd. 12 Alternative Compliance. The City Council may approve alternative methods of compliance that provide equal or
greater public benefit than strict application of this section. Any alternative proposal shall:
A. Provide at least as many affordable units at the same or lower income levels.
B. Maintain or exceed the quality and design standards required by this section.
C. Demonstrate compelling circumstances justifying the alternative approach.
D. Be recommended for approval by city staff with detailed findings supporting the public benefit.
Subd.13 Enforcement
A. Violations. Failure to comply with the requirements of this ordinance or the Development Agreement constitutes a violation
subject to enforcement action. Violations may result in withholding of certificates of occupancy, revocation of permits, civil
penalties, or other remedies available under law.
B. Remedies. The city may pursue any remedy available under law or equity to enforce this section. Remedies are cumulative
and not exclusive.
Subd.14 Administration
A. Guidelines and Procedures. The City Administrator may adopt administrative guidelines and procedures to implement this
section, subject to approval by the City Council. Guidelines shall be published and made available to developers and the public.
B. Annual Evaluation. The City Administrator or designee shall provide an annual report to the City Council by October 1 of
each year evaluating the implementation and effectiveness of this section, including the number of affordable units created,
compliance rates, and recommendations for amendments.
C. Periodic Review. The City Council shall review this section at least every five years to ensure it remains responsive to local
housing needs, market conditions, and regional housing goals. Amendments may be adopted following public hearing as required
by state law.
Section 1325 - General Regulations
1325.01 Accessory Structures.
(revised 1/31/11)
Subd. 1 Time of Construction. No accessory structure shall be constructed on any lot prior to the time of construction of the
principal structure to which it is accessory.
Subd.2 Height.
A. R-1, R-2, and R-3 Districts. Accessory structures in the R-1, R-2, and R-3 Districts shall not exceed fifteen feet in height or
the height of the principal structure to which it is accessory, whichever is lower.
B. All Other Districts. Accessory structures in all other Zoning Districts shall not exceed the height of the principal structure to
which it is accessory.
Subd. 3 Location. (revised 7/7/11)
A. Accessory structures in the R-1, R-2, or R-3 Districts shall not be located nearer the front lot line than the front yard setback
line for the principal structure to which it is accessory. Accessory structures as permitted and regulated in this Code may be located
within the rear yard of the principal structure in the R-1 and R-2 Districts.
B. Detached accessory garages may be located in the front yard (between dwelling and street) of a lakeshore property
provided all of the following are met:
1. Detached garages shall not be located within the minimum front yard setback.
2. Color and roof material of detached garages shall match or complement the existing primary residential structure, and
shall conform to all other requirements for the zoning district.
Subd. 4 Size. (revised 2/9/11)
A. R-1, R-2, and R-3 Districts.
1. Accessory structures associated with residential uses shall not exceed seven hundred and twenty-eight (728) square feet
in floor area. Accessory structures associated with non-residential uses shall not exceed two thousand one hundred eighty-four
(2,184) square feet in floor area; and,
2. The total floor area of accessory structures located in the rear of a principal structure, the total floor area of all such
accessory structures shall not exceed twenty-five (25) percent of the minimum required rear yard area for the principal structure;
and,
3. No more than two (2) accessory structures shall be permitted on a lot primarily used for residential uses.
B. All Districts. Accessory structures in all zoning districts shall not cause the property to exceed any of the regulations of the
underlying Zoning District in Section 1320.
Subd. 5 Permanent Accessory Structures.
A. Site Plan Review. Permanent accessory structures in any district, except residential uses in the R-1, R-2, and R-3 Zoning
Districts, and on through lots in the R-1, R-2, and R-3 Zoning District, shall be subject to Site Plan Review and Council approval.
B. Exterior Finish. The exterior finish of accessory structures shall be compatible in appearance and material used with the
principal structure served by the accessory structure except as provided for in Chapter 1325.01 Subd 5.0 of this code.
C. Membrane Structures. Membrane Structures (as that term is defined in the International Building Code) may be permitted
in the B-1, B-2, B-3, B-4, N-B, 1-1, 1-2, and I -Flex Districts subject to Site Plan Review and City Council approval.
Subd. 6 Temporary Accessory Structures. Atemporary accessory structure, including membrane structures (as that term is
defined in the International Building Code), may be permitted subject to the following provisions:
A. Temporary accessory structures may be in place for up to six (6) months in the B-1, B-2, B-3, B-4, NB, GB, CC, 1-1, 1-2, and
I -Flex Districts with an approved permit from the Building Official. The Building Official may deny a permit for a temporary
accessory structure or limit the size, time, place, or other feature(s) of the accessory structure if the Building Official finds that the
accessory structure would create a negative impact on the property on which it is placed or other properties in the City.
B. Temporary accessory structures are allowed for up to two (2) days in a given thirty (30) day period without a permit in the
R-1, R-2, R-3, R-4, B-1, B-2, B-3, B-4, NB, GB, CC, 1-1, 1-2, and I -Flex Districts subject to all of the following provisions:
1. The temporary structures shall not be permanently attached to the ground;
2. The temporary structure shall not be attached to other permanent structures.
3. The temporary structure shall only be used for non-commercial purposes.
Subd. 7 Accessory Structures in Exceptional and Unusual Circumstances in all Zoning Districts (revised 2/9/11). Deviations
from these requirements may be permitted after Planning Commission review and City Council approval of a site plan in
accordance with Section 1355.04 Subd 5 and with documentation showing the unusual circumstances justifying the proposed
deviation and plans for the proposed accessory structure. Under no circumstances shall the total floor area of an accessory
structure associated with a residential use in the R-1, R-2, and R-3 districts exceed one thousand four hundred and fifty-eight
(1,458) square feet without an approved variance that meets the requirements of Section 1355.04 Subd 4. Under no circumstances
shall the total floor area of an accessory structure associated with a non-residential us in the R-1, R-2, and R-3 districts exceed two
thousand one hundred eighty-four (2,184) square feet without an approved variance that meets the requirements of Section
1355.04 Subd. 4.
Subd. 8. Temporary Family Health Care Dwellings. Pursuant to authority granted by Minnesota Statutes, Section 462.3593,
subdivision 9, the City opts -out of the requirements of Minn. Stat. § 462.3593, which defines and regulates Temporary Family
Health Care Dwellings. (added 8/8/16)
1325.02 Accessory Uses.
Subd. 1 Accessory Retail Sales, Processing, and Storage. Accessory retail sales shall be permitted in industrial districts, and
accessory processing, assembly, repair, and storage of materials shall be permitted in business districts when such uses are
directly associated with the principal use, and when such accessory uses are clearly incidental.
Subd. 2 Day Care Facilities for Houses of Worship and Schools. Day care facilities for over ten (10) persons shall be
considered as accessory uses for houses of worship and schools within all residential districts if located in the principal building.
Subd. 3 Home Occupations. Home occupations are allowed as either accessory uses or conditional uses depending on the
characteristics of the operation.
A. All home occupations shall comply with the following conditions:
1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is
being used for non-residential purposes.
2. It shall be conducted entirely within the dwelling.
3. There is no exterior evidence of the home occupation.
4. It does not require any special entrances to the dwelling.
B. Class I Accessory Home Occupations.
1. Home Occupations will be permitted as accessory uses if they meet the conditions stipulated in the home occupation
definition and following conditions:
a) The business is engaged only by the occupants of the premis-es;
b) The business activity does not occupy more than twenty-five (25) percent of the gross floor area of the dwelling;
c) There will be no patrons visiting the premises;
d) It requires no delivery of products other than those delivered by private passenger vehicle.
2. Applicants for Class I Accessory Home Occupations shall be required to obtain an Accessory Home Occupation Permit
from the City prior to engaging the activity. Review by the Planning Commission and City Council is not required. Application forms
as prescribed by the Administrator shall be accompanied by the following information:
a) A photograph of the residence;
b) A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area
and the floor area to be used for the home occupation;
c) A statement describing the home occupation and the compliance with the required conditions; and,
d) A copy of the state or county license or permit if such a license or permit is required by the state or county for the
proposed home occupation.
C. Class 11 Conditional Accessory Home Occupations.
1. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3 if they meet the
conditions stipulated above for all Home Occupations and the following conditions:
a) The primary business activity shall be conducted by an occupant of the residence;
b) One person not residing in the residence may be employed to assist in the business activity;
c) It does not occupy more than thirty-three (33) percent of the floor area of the dwelling;
d) It has a limited number of patrons visiting the premises;
e) Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be
permitted. On -street parking shall not be used to satisfy required parking; and,
f) It requires delivery of products to the premises no more than once per day.
2. Applicants for Class II Conditional Accessory Home Occupations shall follow the procedures prescribed in the
Conditional Use Permit section of Appendix A, Procedure Manual. The application shall be accompanied by the information
required for Class I Home Occupations in Section 1325.02 above and a site plan showing any additional parking or other
modifications to the site required to accommodate the home occupation. A copy of any required State or County license or permit
as discussed in Class I Home Occupations shall be submitted prior to the issuance of a Conditional Use Permit, however, evidence
that the proposed Home Occupation meets all the requirements for State or County licenses or permits shall be submitted with the
Conditional Use Permit application.
3. In reviewing applications for Class II Conditional Accessory Use Permits for Home Occupations the City shall consider
criteria which affect the appropriateness of a particular use in the location proposed, as discussed in Section 1355.04 Subd 3 and
Appendix A, Procedural Manual.
Subd. 4 Accessory Outdoor Display and Sales.
A. Outdoor display and sales shall only be permitted as an accessory use on a property where the principal use is either
Retail Sales and Services or Service Station.
B. Outdoor display and sales shall only be permitted in the following Zoning Districts: B-2, B-3, B-4, NB, and GB.
C. An Administrative Permit shall be required from the Community Development Department to allow outdoor display and
sales of goods. The Community Development Department shall review a site plan and specifics of the proposed outdoor display
and sales area and may issue the permit, subject to, but not limited to, the following requirements:
1. The total display and sales area shall be determined based on the following formula:
a. For properties with a principal building of 15,000 square feet or less in size, the permitted display and sales area shall
be a maximum of 300 square feet.
b. For properties with a principal building greater than 15,000 square feet in size, the permitted display and sales area
shall be two percent of the base area of the principal building, but not to exceed 1,000 square feet.
2. Merchandise shall be stacked and/or arranged neatly on a hard surface and may be up to six feet in height.
3. The display and sales area shall be located adjacent to the principal building and on the side of the principal building with
the main entrance. No merchandise shall be permitted to be displayed on Service Station islands.
4. The display and sales area shall not obstruct pedestrian access on the site, whether from parking areas to the building
entrance or from the public street to the building entrance.
5. The display and sales area shall not occupy or obstruct on -site parking spaces.
6. The type of merchandise displayed shall be limited to items which require an outdoor location, such as plants or fuel, and
any items which because of large volume or weight are housed outdoors, such as vending machines, salt, or landscaping
materials.
7. Outdoor display and sales areas shall be screened when located within 200 feet of a residentially zoned property.
(added 3128116)
Subd. 5 Accessory Commercial Recreation - Outdoor.
A. Commercial Recreation - Outdoor shall only be permitted in the B-2 General Business District.
B. An Administrative Permit shall be required from the Community Development Department to allow outdoor recreational
activities. The Community Development Department shall review a site plan and specifics of the proposed outdoor recreation area
and may issue the permit, subject to, but not limited to, the following requirements:
1. The Subject Property shall not be located immediately adjacent to a residentially zoned property.
2. All commercial recreation - outdoor related activity must cease by 10 PM on weekdays and weekends.
3. The location of the outdoor commercial recreation area needs to be contiguous to the principal building and shall be a
contained space with a defined perimeter of either decorative fencing, retaining walls, and/or plantings.
4. The permitted commercial recreation - outdoor area shall not exceed 1,500 square feet. (added 412412023)
Subd. 6 Lower -Potency Hemp Edible Sales.
A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3
Service Business, B-4 Retail Business, NB Neighborhood Business and GB Gateway Business Zoning Districts where the principal
use is Retail Sales & Service, Restaurant, or Service Station, the business has a liquor or tobacco license issued by the City, and
when such accessory use is clearly incidental to the principal use..
B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures
prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the
proposed lower -potency hemp edibles business. (added 812812023)
Subd. 7 Solar Energy Systems
A. Solar energy systems are an accessory use in the R-1, R-2, and R-3 Zoning Districts subject to the following requirements:
1. Height. Solar energy systems must meet the following height requirements:
a. Roof- mounted solar energy systems shall not exceed the maximum allowed building height in any zoning district.
b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height or the height of the principal structure
to which it is accessory, whichever is lower, when oriented at maximum tilt.
2. Setback. Solar energy systems must meet the accessory structure setback for the zoning district in which the system is
located.
a. Roof -mounted systems: Consistent with the required building setback, the collector surface and mounting devices for
roof -mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
b. Ground- or pole -mounted solar energy systems are permitted in rear and side yards and may not extend into the
required rear or side yard accessory structure setback when oriented at minimum design tilt.
3. Visibility.
a. Solar energy systems with mounting devices.
i. Roof -mounted systems on pitched roofs shall not have a highest finished pitch steeper than the roof pitch on which the
system is mounted, and shall be no higher than 12 inches above the roof.
ii. Roof -mounted systems on flat roofs shall be no higher than five feet above the finished roof.
b. Solar energy systems using a reflector to enhance solar production shall be prohibited.
4. Coverage. Solar energy systems are subject to lot coverage and impervious surface requirements of the underlying
zoning district.
a. Roof -mounted solar energy systems shall be subject to the Building Code to ensure the system meets the wind load
standards for the roof and to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is
needed.
b. The surface area of ground- or pole- mounted systems shall be factored as part of the maximum lot coverage by
structure and shall not exceed the regulations of the underlying zoning district.
c. The surface area of ground- or pole- mounted systems shall be treated as impervious coverage as regulated for each
zoning district. If the soil under the panel array(s) contains vegetative ground cover, the Zoning Administrator may consider
allowing additional impervious coverage. Allowed impervious coverage may be increased by up to ten percent above maximum lot
coverage for the zoning district provided 100 percent of the excess is accounted for by an approved ground- or pole -mounted solar
energy system.
d. Ground- or pole -mounted systems shall be counted as an accessory structure.
5. Plan Approvals. All solar energy systems shall require the issuance of a building permit.
a. Applications that meet the requirements of this policy shall be granted zoning approval by the Zoning Administrator.
Plan approval by the Zoning Department does not indicate compliance with Building Code or Electric Code.
b. A building permit application for a solar energy system shall be accompanied by scaled horizontal and vertical elevation
drawings. The drawings must show the location of the system on the building, or on the property for a ground- or pole -mounted
system, including the property lines.
1. For all roof -mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the
solar collector and the slope of the finished roof surface on which it is mounted.
2. For flat -roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the
building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street
frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
c. All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota
Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.
d. All solar energy systems shall comply with the Minnesota State Electric Code. (added 2112124)
1325.03 Exceptions to the Minimum Requirements for All Districts.
Subd.1 Setbacks.
A. Front Setbacks. Where existing principal buildings have a greater setback than the minimum setback required herein, the
front setback of a new principal structure shall not be less than the prevailing setback in the immediate vicinity. The administrator
shall determine the necessary minimum front setback in such cases. However, in no case shall a residential building be required to
set back more than sixty (60) feet.
B. Side and Rear Setbacks. Buildings may be exempted from side and rear setback requirements provided party walls are
used and if the adjacent buildings are constructed as an integral unit, or if residential buildings are to be constructed utilizing the
"zero lot line" concept. Townhouse, shopping center, cluster developments and components of institutional facilities are examples
of where this provision would apply.
C. Through Lots. The administrator may determine that one of the front yards maybe deemed a rear yard and shall determine
appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot,
location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot.
D. Lakeshore Setbacks. Minimum lakeshore setbacks are established by the Minnesota Department of Natural Resources
(MNDNR) for all development abutting lakes. No building shall be located within the minimum lakeshore setbacks as set in Section
1330.03.
Subd. 2 Permitted Encroachments.
A. Parts of the Principal Structure. In all zoning districts except R-2 and R-3, features which are part of a principal structure,
including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may
extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6)
feet from any lot line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear
setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. In R-2 and R-3 zoning districts, the
encroachments listed in this Part A shall not be less than three (3) feet away from any lot line. Required steps per the International
Codes shall be permitted encroachments in all districts. (adopted 12/20/07)
B. Equipment Attached to the Ground or Other Structure. Recreational equipment, gym sets, picnic tables, patios, barbecue
grills, and clotheslines which are more or less permanently attached to the ground or are attached to some other structure having a
location on the ground may be located in side or rear yards provided these are not less than two (2) feet from any lot line.
C. Intersection Visibility. On a corner lot, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow
in such a manner as to materially impede vision now or in the future between a height of two and one-half (2-1/2) and ten (10) feet
in the clear vision area. (revised 3/18/09)
D. Single and Two -Family Nonconforming Dwellings. For already developed lots on which a principal structure exists, but is
nonconforming for reasons of setbacks or lot dimension, the principal structure may be expanded provided that all of the following
provisions are met (revised 2/23/12):
1. The proposed addition extends no closer to a property line than the pre-existing nonconforming structure;
2. If the addition expands the footprint of the structure, then the proposed addition extends no closer than thirty (30) feet
from the front property line or five feet from a side property line;
3. The exterior materials of the proposed addition are consistent or complementary in color, texture and quality with those
visible on the existing structure;
4. The roof of the proposed addition is integrated into, and consistent with, the existing roof of the structure;
5. The addition does not adversely affect drainage on the lot or neighboring properties;
6. The addition does not extend within a drainage and utility easement, and meets all requirements of the Building and Fire
Code;
7. The addition does not expand the nonconforming height of a structure;
8. The addition does not further increase nonconforming lot coverage;
9. The addition does not create any new nonconforming conditions.
E. Covered Porches for Single -Family Detached Dwellings.
1. For already developed lots on which a principal structure existed prior to May 1, 2006, the Covered Porch shall not be
closer to the front lot line and side yard corner as determined by the following provisions:
a) The Covered Porch shall be set back from the front lot line and side yard corner at least the number of feet calculated by
the following formula:
Current principal structure setback in feet multiplied by .75 = Covered Porch setback from the front lot line and side yard
corner in feet
(For example, if the principal structure is thirty-two (32) feet from the front lot line, then:
32 feet * .75 = 24 foot setback from the front lot line and side yard corner for the Covered Porch. In this case, the Covered
Porch may extend up to eight (8) feet from the principal structure into the front setback)
For this subsection, the principal structure setback is defined as: The setback from the front lot line to the front of the principal
structure, not including overhangs, awnings, eaves, garages, stoops, sidewalks, bay windows, cantilevered areas, accessory
structures, attached garages encroaching on the front setback, existing porches, or other extensions or projections not deemed
part of the principal structure.
b) A Covered Porch on a principal structure that is set back fifty (50) feet or more from the front lot line shall be set back at
least forty (40) foot front lot line.
c) No Covered Porch shall be constructed closer than twenty (20) feet to the front lot line without review and approval
through the variance process.
d) Required steps per the International Building Code shall be excluded when calculating the dimensions of the Covered
Porch.
2. For vacant lots where a principal structure is constructed after May 1, 2006, the Covered Porch shall not be closer than
thirty (30) feet to the front lot line or the side yard corner.
3. For already developed lots on which a new principal structure is developed after May 1, 2006, and the new principal
structure exceeds the footprint of the original structure, the Covered Porch shall not be closer than thirty (30) feet to the front lot
line or side yard corner.
4. For already developed lots on which a new principal structure is developed after May 1, 2006, and the new principal
structure does not exceed the footprint of the original structure, the Covered Porch may be set back from the front lot line and side
yard corner a distance as calculated in Section 1325.03 Subd. 2.D.1.a.
5. Building Permits shall be required before the construction of a Covered Porch. The Community Development Director or
Development Director's designee must make the following findings prior to the approval of a building permit for a Covered Porch:
a) The Covered Porch shall comply with the front and side yard corner setbacks determined by Section 1325.03 Subd
2.D.1.a-d.
b) The Covered Porch shall comply with all other aspects of the underlying zone, including the side yard interior setbacks
and impervious coverage limits.
c) The design of the Covered Porch shall comply with the Covered Front Porch Design Guidelines in the Zoning
Ordinance Procedure Manual.
d) The exterior materials of the proposed Covered Porch shall be consistent or complementary in color, texture, and
quality with those visible at the front of the principal structure;
e) The roof of the proposed Covered Porch shall be properly proportioned to and integrated with the roof of the principal
structure and have no less than a 3/12 slope;
f) The base of the Covered Porch shall not be open; the base shall be either a masonry perimeter foundation (note: frost
footings will be required for a building permit), or be screened by a solid fascia consistent with the front of the principal structure or
lattice with openings no larger than two (2) inches by two (2) inches and painted to be consistent with the front of the principal
structure.
g) At least sixty-five (65) percent of the exposed Covered Porch fagade (excluding the foundation) shall be open or
occupied by screens and/or screen doors; and the fagade constitutes the area from the floor level of the Covered Porch to the
Covered Porch ceiling; up to thirty-five (35) percent of the fagade may be solid and may only be occupied by columns, spindles,
and railings; solid walls and glass (even partial) are prohibited.
h) A Covered Porch within the forty foot front yard setback shall not be converted to a four season porch.
Subd.3 Height.
A. Exceptions. Height limitations shall not apply to church spires, belfries, cupolas and domes; chimneys and smokestacks;
public monuments and flagpoles; public and private utility facilities; electronic transmission towers; roof -mounted television and
radio antennae and parapet walls extending not more than four (4) feet above the maximum permitted height of the building,
except as hereinafter provided.
B. Roof -mounted Mechanical Equipment. Such equipment, whether screened or completely enclosed, shall be excepted from
the height limitations if the enclosure (or enclosures) does not occupy more than thirty (30) percent of the roof area and does not
extend more than twelve (12) feet above the roof upon which it is located.
1325.04 Additional Minimum Requirements for Drive -In Businesses, Drive -up Windows, Fast Food
Restaurants and Automobile Service Stations.
(revised 6/27/22)
Because drive-in businesses, drive -up windows, fast food restaurants and automobile service stations present certain unusual
problems, they are hereby required to meet the following requirements in addition to the general requirements applicable to them in
the zoning district in which they are to be located, unless otherwise regulated in this Code:
Subd.1 Location.
A. Proximity to Schools, Churches, Public Recreational Areas and Residential Lots. No drive-in business, drive -up window, or
fast food restaurant shall be located on a site that is within four hundred (400) feet of a public, private or parochial school, a church,
a public recreation area, or any residentially zoned property.
B. Proximity to Other Establishments. In any Business Zoning District, no drive-in business, drive -up window, or fast food
restaurant shall be located on a site that the proximity of the boundaries of another one is determined by the City Council through
the PUD process to be incompatible with the area in which it the proposed use is to be located. A drive-in business, drive -up
window, fast food restaurant, and automobile service station may be limited in proximity as deemed appropriate by the City Council
so as not to unreasonably interfere with adjacent and nearby uses.
C. Unreasonable Traffic Volume. No drive-in business, drive -up window, or fast food restaurant shall be located on a site if the
probable result of such location would be to unreasonably increase traffic volume on nearby streets.
D. Size of Lot. No drive-in business, drive -up window, or fast food restaurant shall be located on a lot of less than twenty-four
thousand (24,000) square feet.
Subd. 2 Site Development Standards
A. Landscaping. A lot to be used for drive-in business, drive -up window, fast food restaurant or automobile service station
purposes shall be landscaped at least to the following depths from each lot line:
1. Twenty (20) feet from the front lot line, except for approved access drive.
2. Ten (10) feet from each side lot line.
3. Fifteen (15) feet from rear lot line.
B. Electronic Devices. Electronic devices such as loudspeakers or devices, and similar instruments, shall not be located within
fifty (50) feet of any adjacent lot regardless of use or zoning district.
C. Snow Storage. Adequate area shall be designed for snow storage such that clear visibility shall be afforded from the
property to any public street.
D. Screening. A suitable screening fence shall be erected along all property lines except those which are also public right-of-
way lines. Said fence shall be of a type and design approved by the Council. Planting of a type approved by the Council may also
be required in addition to or in lieu of fencing.
E. Design. The design of all structures shall be compatible with other structures in the surrounding area.
F. Signs. No permanent or temporary signs visible from a public street shall be erected without approval from the Council.
G. Traffic Circulation. No site plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian
circulation.
H. Access. Access shall be to public streets from at least two (2) points on the subject premises. A divided entry with a center
island may meet the requirements of this provision.
I. Rules and Regulations of State Fire Marshal. With respect to automobile service stations, any building proposed to be used
as a service station shall be constructed and maintained as required by the rules and regulations of the state fire marshal
governing the handling, storage and transportation of flammable liquids. Every facility, whether underground or above ground and
whether indoors or out-of-doors, for the handling, storage and movement of flammable liquids, shall likewise be constructed and
maintained in accordance with the rules and regulations of the State Fire Marshal and the Pollution Control Agency (PCA).
1325.045 Multi -family Dwelling Units Additional Conditional Use Permit Criteria.
Subd. 1 Minimum Unit Size. Efficiency units shall be a minimum of five hundred and fifty (550) square feet; one -bedroom units
shall be a minimum of seven hundred (700) square feet; two -bedroom units shall be a minimum of nine hundred and fifty (950)
square feet; and three -bedroom units shall be a minimum of twelve hundred (1,200) square feet. For each additional bedroom, an
additional one hundred and fifty (150) square feet is required. Garages, breezeways, common hallways, balconies, and porch floor
spaces shall not be credited in determining the required floor area of units. (revised 3131114)
Subd. 2 Security Plan Component. A complete security plan shall be submitted at the time of the development proposal, subject
to the approval of the Ramsey County Sheriffs Department
Subd. 3 Lighting Plan Component. A complete photometric plan shall be submitted in compliance with the recommendations of
the Ramsey County Sheriff's Department. Compliance with this requirement shall be in addition to any maximum lighting
requirements, as described elsewhere in the City's Zoning Code.
Subd. 4 Parking. A minimum of one enclosed parking stall shall be provided per dwelling unit. Enclosed parking structures shall
be attached to at least one of the principal structures to which parking is being provided.
Subd. 5 Common Area. Common area devoted to recreation or leisure activities shall be provided. Common area must include
a combination of both indoor and outdoor space.
Subd. 6 Efficiency Apartments. The number of efficiency units in a multiple dwelling shall not exceed fifteen (15) percent of the
total number of apartments.
Subd. 7 Bicycle Parking. Enclosed bicycle parking shall be provided at a rate of .5 spaces for every dwelling unit.
Subd. 8 Window coverings. All windows which are visible to the outside shall be provided with window treatments. Window
treatments shall be consistent throughout each multi -family dwelling structure or development.
1325.046 Thrift Store Additional Criteria.
Subd. 1 Thrift Stores. Thrift stores are allowed as either principal uses or conditional uses depending on the characteristics of the
operations.
A. All thrift stores shall comply with the following conditions:
a. All merchandise receiving, transfer, sorting, processing, and storage shall occur within a completely enclosed principal
structure.
b. No exterior storage or the use of exterior storage containers or semi -trailers for storage shall be allowed upon the site.
c. Waste and recycling receptacles and equipment shall be completely contained within a principal or accessory structure.
B. Thrift Store, Class I
a. Thrift store, Class I may be permitted as a principal use if they meet the conditions stipulated above for all thrift stores,
conditions stipulated in the thrift store, Class I definition and the following conditions.
i. A drive -through shall not be allowed.
ii. There shall be no outdoor collection/donation area or receiving and transferring of goods exterior of the business. All
receipt and transfer of goods shall take place interior of the business. The receiving of used goods which are of either a large
quantity or size shall be transported to the thrift store by the Business Owner in order to limit circulation impacts and traffic
management to the neighboring multi -tenant businesses.
C. Thrift Store, Class II
a. Thrift store, Class II may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd. 3 if they meet the
conditions stipulated above for all thrift stores, the conditions stipulated in the thrift store, Class II definition and the following
conditions:
i. All merchandise receiving and transfer shall occur within a completely enclosed principal structure.
ii. At least one (1) accessory drive -through service lane shall be provided.
iii. Accessory drive -through service lanes leading to and accessing the indoor collection/donation area shall meet the
following conditions:
1. Drive -through service lanes shall not be permitted within the front, side, or rear yards which abut a public street.
2. Drive -through lanes shall be designed in a manner that segregates the drop-off lane from drive lanes, parking spaces,
and sidewalks.
3. The drive -through service lane shall be a minimum of fourteen (14) feet wide and provide up to one hundred sixty
(160) linear feet of automobile stacking space within the site.
4. Automobile stacking shall not interfere with on -site drive lanes, fire lanes, parking stalls, loading areas, access to
trash/recycling dumpsters, or sidewalks
5. Drive -through service lanes shall not open directly onto a public street.
6. Directional signage shall be provided to direct customers to the collection/donation area.
iv. Thrift stores that have drive -through collection/donation facilities shall meet the standards within Section 1325.04
Additional Minimum Requirements for Drive-in Businesses, Drive -up Windows, Fast Food Restaurants and Automobile Service
Stations. (revised 512712025)
1325.047 Cannabis Business Conditional Use Permit Criteria.
(added 11124124)
Subd. 1 Applicability
The standards within this subsection shall apply to the following uses:
A. Agriculture, Commercial Cannabis
B. Cannabis, Mezzobusiness
C. Cannabis, Microbusiness
D. Cannabis Testing Facility
E. Light Manufacturing, Cannabis
F. Light Manufacturing, Lower -Potency Hemp Edible
G. Retail, Cannabis Sales
H. Wholesaling, Cannabis
Subd. 2 Setbacks
A. Any cannabis business must be setback 1,000 feet from schools as established by Minnesota Statute Section 342.13(c)
B. Exceptions to distance restrictions. Cannabis business located north of Highway 694, east of Interstate 35W and west of
State Highway 10 in the Gateway Business zoning district shall be exempt from the distance requirements of City Code 1325.047
Subd. 2.
Subd. 3 Development Standards
A. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota
Rules, and the Office of Cannabis Management.
B. Security.
1. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis
Management.
2. Any security bars, gates, or grills shall be retractable, shall remain open and retracted when the cannabis business is
open to the public or otherwise in operation, and shall not be installed on the exterior of the building.
C. Outdoor operations are prohibited.
D. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions:
1. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior
of the facility or at any adjoining use or property.
2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or
otherwise create a danger to any person or entity in or near the facilities.
3. An odor maintenance plan must be submitted to the City and approved by the City.
4. At the City Council's discretion, the applicant may be required to provide plans that show appropriate odor control systems
so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility.
E. All mechanical, odor suppression equipment, and trash enclosures must be screened.
F. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited.
G. Lighting
1. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be
architecturally designed to match the overall design of the building.
2. The specifications of all light fixtures must be provided to the City with the application for a conditional use permit.
3. A photometric plan must be submitted to the City with the application for a conditional use permit, indicating light measure
at the property line.
4. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines
shall not exceed 1.0 foot-candles at any time.
H. Water and Wastewater
1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control
Agency, and City Ordinances. Where multiple standards exist, the more restrictive of the standards shall apply.
2. Water use within the site shall be designed to maximize the amount of water reuse possible.
I. Signs
1. Signs shall be in compliance with the Office of Cannabis Management and the City Code. Whenever a more restrictive
standard exists, the more restrictive standard shall apply.
2. Exterior wall, window, and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, hemp
derived edible consumer product, or the like. Additionally, a business logo containing the above depictions shall not be displayed
as part of any exterior signage. No products, interior signage, advertisements, or like attention -getting items shall be placed or
displayed that may be visible from the exterior of the Cannabis or Hemp Business
J. Sale of Cannabinoid
Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or
hemp -derived consumer products between the hours of 10:00 a.m. and 9:00 p.m. on Monday through Sundays.
1325.05 Design Standards.
The standards established in this section are designed to encourage a high standard of development by providing assurances
that neighboring land uses and neighboring properties will be compatible. The standards shall also apply to all future development
and shall apply to existing development where so stated. Before any applications for development or construction under the City
Code are approved, it shall be determined that the proposal will be in conformance with these standards unless a deviation has
been granted. It shall be the responsibility of the applicant to demonstrate such conformance. (revised 4/28/08)
Subd.1 Landscaping.
A. Purpose and Findings. The City declares that it is desirable and essential to the health, safety, welfare, and aesthetics of
the City to protect certain existing plants and trees, to require new and additional plants and trees, to prohibit the planting of certain
species, to require the maintenance of plants and trees as set forth in this subdivision, and that appropriate and unified
landscaping is essential to meet the community objectives established in the Comprehensive Plan.
B. Scope. The provisions of this subdivision shall apply only to privately owned property. Property within public rights -of -way
shall be maintained in accordance with Chapter 7 of the City Code.
C. General Landscaping Requirements
1. Minimum Requirements. In all districts, all developed uses shall provide and maintain a landscaped area according to
the minimum requirements in Section 1320.06, the district requirements chart.
2. All land area not occupied by marshes, ponds, wetlands, buildings, parking, driveways, sidewalks, or other hard surface
shall be sodded, seeded, mulched or landscaped with appropriate perennials, shrubbery and/or trees.
3. Landscaped Area Along Streets. In all districts all developed uses shall provide and maintain a landscaped area along
streets. This area shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the area shall extend
along the entire frontage of the lot and along both streets in the case of a corner lot.
4. Maintenance of Green Space. The property owner shall be responsible for the maintenance of all green space and
landscaped areas in accordance with Section 600.02 of the City Code.
5. Green Roofs. Green roofs may be counted towards the minimum landscaping requirements of a parcel, as determined
by Staff, based on the absorption rate and quality of the green roof.
6. Screening. All developments shall be in conformance with Section 1325.05 Subd. 4.
7. Tree Preservation. Clear cutting of an entire stand of trees is prohibited on all parcels. All developments shall be in
conformance with Section 1325.055. and subject to an approved Tree Mitigation Plan as outlined in Section 1325.055, Subd. 6.
(Revised 1112812022)
D. Landscaping Plan.
1. Scope. In cases where a landscaping plan is required by this Code or by an approval granted by the City, the applicant
for the building or grading permit shall submit a landscape plan prepared in accordance with the provisions of Appendix A of the
Zoning Code. A landscape plan shall be approved by the City and implemented by the property owner:
a) For any new development or new building construction in any business, industrial, Institutional, R-3, R-4, or I -FLEX
zoning district, and planned unit developments, except as otherwise provided by specific development agreements.
b) For any existing commercial, industrial, or institutional building or parking lot to be expanded by at least ten (10)
percent, or at least 5,000 square feet, where an approved landscape plan is not on file with the city. In the case where a plan is
required under this subparagraph, the property owner may submit a plan implementation schedule that would allow the plan to be
implemented over a period of three years.
c) No building permit for any construction described in items (a) and (b) of this subparagraph shall be issued unless a
landscape plan required hereunder is approved by the city.
2. Landscaping Plan Standards.
a) If the City determines, at its sole discretion, that landscaping to be planted in satisfaction of the ordinance exceeds that
which can be accommodated practically on -site, a landscaping fee may be collected at the sole discretion of the City in lieu of on -
site planting. The landscaping fee amount shall be the cost of materials and installation of landscaping, plus ten (10) percent, and
shall be provided by the applicant and approved by the City. All funds shall be expended exclusively towards landscaping, as
defined by the ordinance, for implementation of the goals listed in Subd. 1.A of this section and Section 1325.055, Subd. 1.
(Revised 1112812022)
E. Performance Guarantee.
1. A landscape performance bond or other acceptable financial surety is required for all screening or landscaping required
in this Code to insure completion and maintenance of all landscaping in accordance with the approved landscape plan required
hereunder.
2. The amount of the bond or surety shall be 125% of the cost of materials and installation.
3. The bond or surety shall be provided prior to the issuance of any building or grading permits and shall be valid for, two
full years, from the date of installation, or three years in the case of an extended timeline.
4. For any landscaping or screening that is not in accordance with the approved landscaping plan at the end of two growing
seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not
done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance.
F. Minimum Landscape Requirements.
1. Caliper Inches. The minimum caliper inches required per building site shall relate to the gross square footage of all floors
of a building and the building height. A single story building in excess of thirty (30) feet in height shall be considered a two-story
building for the purposes of determining gross square footage. Minimum total caliper inches =
Gross Square Footage of all Floors of Building
320
Tree Ratio. The minimum total caliper inches shall contain the following minimum percentages of trees in various size
ranges:
Building Height In
percentage of Trees of Various Caliper Inches
Stories
2.0"-3.0"
3.5"-4.0"
4.5"-6.0"
1-2
500
30 %
20 %
3-4
50 %
30 %
20 %
5 and over
30 %
50 %
20 %
3. Coniferous Tree Measurement. Coniferous trees may be considered equivalent to the sizes shown by dividing the height
of the coniferous tree in feet by 2.4.
4. Minimum size at time of planting.
a) Two and one-half (2.5) caliper inches for deciduous trees.
b) Six (6) feet in height for coniferous trees.
5. Trees Along Street Frontage. A minimum of one tree shall be provided along the right of way for every fifty (50) feet of
public street frontage.
6. Perennials and Shrubberies. At least ten (10) percent of the total landscaped area shall be covered with perennials and/or
shrubbery and be planted within the perimeter of private parking, building, and driveway areas.
7. Planting Islands. Planting islands shall be required to visually break up expanses of hard -surface parking areas, to
provide safe and efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least ten (10) percent of
the parking area. Planting islands shall be edged with concrete curbs. Parking lot planting islands shall be a minimum of 150
square feet in area, be of appropriate width and length, and include at least one tree meeting the requirements of this ordinance.
G. Landscape Design Specifications. All landscape plans and landscaping under this subdivision shall follow and be in
compliance with the following requirements, together with all other Code regulations:
1. Diverse Selection. The landscape plan shall include a full complement of over story, ornamental and evergreen trees,
shrubbery, and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-
round color and interest.
2. Existing Plant Credit. Plant materials existing on a site at the time of development, may be used as a credit against the
requirements of these landscape regulations; the City Council shall determine the extent of credit allowed, based on the evaluation
of species, size, location, quality of existing plant materials and the consistency with the intent of these regulations.
3. Plant Selection. The City maintains a list of trees that may not be used to satisfy the landscaping requirement of this
section.
4. Method of Installation. All deciduous and coniferous trees shall be planted in accordance with American Standards for
Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade -moved trees.
5. Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment,
such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking
lots and other open areas shall not have slopes in excess of 3:1.
6. Landscape Plan Maintenance. Quantity and character of landscaping, as originally approved, shall be maintained in
perpetuity by the property owner unless the City approves a change to the landscaping plan. Maintenance shall include removal of
litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be
maintained as free flowing and free of debris.
7. Erosion Control. All areas of any site shall be restored and maintained in accordance with provisions of the city erosion
control standards, and other requirements of the Code.
8. Placement of Trees and Shrubs. No trees or shrubs shall be planted within any drainage/utility easements, road right-of-
way, or where it would now or in the future materially impede the clear vision area or other driveway between a height of two and
one-half (2-1/2) and ten (10) feet in the clear vision area. (revised 3118109)
9. Completion Deadline. All plants required for screening purposes shall be planted to completion within six months from
date of issuance of a building permit unless otherwise approved by the city due to the time of the year or if an alternative schedule
is set in a development agreement. In no case shall the period exceed six months from issuance of the certificate of occupancy.
Subd. 2 Drainage Wetlands and Flood Plain.
A. Water Management Plan. A water management plan must be submitted for:
1. Development of individual sites of two and one half (2.5) acres or greater for single-family homes.
2. Additions to existing buildings on sites two and one half (2.5) acres or greater.
3. Development on any individual site within:
a) One hundred (100) year flood plain.
b) One thousand (1,000) feet of a public water or protected wetland.
c) Three hundred (300) feet of Rice Creek, a major tributary to Rice Creek or a county or judicial ditch.
B. Exceptions to Exemption for Single Family Detached Dwellings. Construction of a single family detached dwelling on an
isolated lot will not require permit approval unless one of the above listed conditions exists. The plan must be approved by the Rice
Creek Watershed District, other agencies as required and by the City Engineer.
1. On -site ponding is encouraged as a visual and functional amenity.
2. Two or more projects may coordinate their water management plans for their mutual benefit.
C. Submission Requirements. Drainage plan requirements are specified in Appendix A, Procedure Manual.
Subd.3 Lighting.
A. Direction. In all districts lighting shall be so arranged as to direct light away from adjoining lots and public streets. Direct or
sky -reflected glare, from floodlights or high temperature processes such as combustion or welding, shall not be directed at any
adjoining lots or public streets.
B. Concealment or Hooding of Source. The source of illuminate shall be hooded, concealed or controlled in a manner so as to
direct the lighting pattern only on the site to which the lighting is intended.
C. Intensity. Any light or combination of lights shall not cast light that exceeds a meter reading of one foot candle on the travel
lanes of adjoining public streets or 0.4 foot candles on adjoining residential property.
D. Exterior Lighting of Building Facade. For non-residential uses, visible from residentially zoned property, a maximum of
twenty-five (25) percent of the facade visible from such residential property may be illuminated by direct lighting from spot lights or
flood lights.
Subd.4 Screening.
A. Definition and Purpose. Screens and buffers are designated units of yard or open area where setbacks, landscaping,
berming, walls, and fencing help minimize adverse impacts of public nuisances, such as: noise, glare, activity, or dust, which are
often times associated with parking, storage, signs or buildings.
B. Types of Screening. The screening required in this section shall consist of a fence, wall or landscaping, subject to the
approval of the Council. Landscaping may include a combination of any of the following: berms, shrubs, deciduous or coniferous
trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be
screened. When natural materials, such as trees or hedges, are used to meet the screening requirements, density and species of
planting shall be such as to achieve 60 percent opacity year round at maturity.
C. General Screening Requirements
1. Screening in Proximity to Residential Lots. Screening shall be required where:
a) Any business or industrial use is adjacent to any zoned residential or along the boundary of any such residential lot;
b) Any business, parking lot or industrial use is across the street from a residential district, but not on that side of a
business or industrial use considered to be the front.
c) Any non-residential use in residential districts by Conditional Use Permit or PUD, such as schools, houses of worship,
day care facilities over ten (10), residential facilities over six (6), or public uses other than parks, adjoins or is located across the
street from any single or two family residential lot.
d) The driveway to a parking area of more than six (6) parking spaces, within a residential district, is within fifteen (15) feet
of an adjoining lot.
2. All parking, loading service, utility, and outdoor storage areas shall be screened and buffered from all public streets and
adjacent differing land use.
3. Screening of Mechanical Operating Equipment. On non-residential properties, screening shall also be provided where
mechanical operating equipment is located on the ground or on the roof of the premises, such screening shall be constructed and
located so as to completely screen from view of adjacent streets and differing land uses. Mechanical operating equipment shall
include all exterior devices used to service the building or its occupants, including but not limited to electrical, HVAC, plumbing,
communications (including telephone and dish antennae) and storage tanks.
4. Exception to requirements. Screen and buffer requirements maybe waived or modified by the city where the intent is
otherwise satisfied by significant change in elevation, an existing screening, significant distance or similar circumstances.
5. Intersection Visibility. On all lots, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow in
such a manner as to materially impede vision now or in the future between a height of two and one-half (2-1/2) and ten (10) feet in
the clear vision area. (revised 3/18/09)
6. Responsibility for Screening. The owner or occupant of the premises containing the use or features to be screened shall
provide the required screening and maintenance.
D. Fence Regulations.
1. Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all
residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential
districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and
the fence does not encroach on the clear vision area. (revised 3118109)
2. Height of Fences, Solid Walls and Hedges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in
height in the minimum front yard building setback area are prohibited in all R-1 and R-2 Residential Districts.
3. Fences in residential districts shall be comprised of chain -link, aluminum, wood, vinyl, composite, or other material as
approved by the Zoning Administrator. Alternate fencing materials may be allowed in business and industrial zoning districts
subject to conformance with Section 1325.05.
4. Height of Fences in Business and Industrial Districts. Fences may be up to eight (8) feet in height in the side and rear
yards up to the front building line of the principal structure. Fences abutting residential districts shall conform to those regulations
applicable to the residential district. Fences, solid walls and hedges in the minimum front yard setback may be allowed through Site
Plan Review or as part of a Planned Unit Development as determined appropriate by the City Council based on site suitability to
allow for additional screening and/or as a buffer for noise reduction.
5. Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes or be of metal
construction, which is charged or connected with electrical current within any district of the City. These fencing types shall only be
permitted through a Conditional Use Permit.
6. Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to
the abutting property.
7. Direction of Fence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face
toward adjoining property.
8. Fences in Public Rights -of -way. No fence, wall or hedge may be placed in a public right-of-way.
9. Fences in Non -Residential Situations and Exceptional and Unusual Circumstances in Residential Districts. Deviation from
these require-ments for fences, walls and landscape screening may be permitted after Planning Commission review and Council
approval of a site plan with documentation showing the unusual circumstances justifying the proposed deviation and plans for the
proposed fence, wall, or landscape screening. This provision is intended to allow flexibility in meeting the purpose and intent of this
subdivision without the necessity of proving a hardship as is required in the variance procedure. The objective of this provision is to
improve the livability, appearance, and security of properties and their relationships to one another.
10. Fences which are temporary in nature shall be allowed seasonally for the purpose of protecting gardens or lawns from
natural elements. Temporary fences that are 48 inches or less shall be allowed without a zoning permit and temporary fences over
48 inches are prohibited. Other purposes for temporary fencing may be permitted on a case -by -case review subject to the approval
of the Zoning Administrator. Temporary fencing may be installed for a duration not to exceed 150 days with snow fencing to be
removed no later than April 1st each year. Examples of temporary fencing materials allowed are snow or safety fence (i.e. plastic),
silt fence (i.e. fabric), or wire fence. Temporary fencing shall be subject to all other fence regulations listed within the ordinance. Silt
fencing or fencing utilized at a construction site associated with an active grading and erosion control or building permit issued by
the City is allowed as an exception to this provision for duration and height. Temporary fencing installed in conjunction with a City
permit is subject to removal prior to the final inspection. (revised 812812023)
Subd. 5 Restrictions on Nonresidential Uses Located in Residential Districts. In the granting of Conditional Use Permit or
Planned Unit Development permits for nonresidential uses other than detached single family homes (i.e. uses such as houses of
worship, day care facilities (over 10), residential facility (over 6), public uses, schools of any kind, multiple family dwellings,
boarding houses and dormitories to be located in a residential district on a site of one (1) acre or more), the Council shall not
permit access from that site to a cul-de-sac or local street and also shall not permit any structure or hard surface area to be
constructed on said site closer than seventy-five (75) feet from any adjacent residential lot.
Subd.6 Aesthetics.
A. Evaluation of Impact. The proposed design, scale, massing, materials, height and other aspects of the subject matter of
any permit requested hereunder shall be evaluated by the Planning Commission and the Council with respect to structures and
properties in the surrounding area. To this end, the Planning Commission and the Council shall consider, prior to the issuance of
any permit hereunder, whether the appearance of the subject matter is so at variance with the structures and properties in the
surrounding area as to cause a substantial depreciation in the property values in the surrounding area or to unreasonable detract
from the appearance of the area or the city as a whole.
B. Applicability. The foregoing considerations shall be applicable to any permit applications other than detached dwelling units.
Subd. 7 Design Standards for Principal Structures in Residential Zoning Districts.
A. Minimum Width. All principal structures in residential zoning districts, except mobile homes in approved mobile home parks,
shall have a minimum width of twenty (20) feet measured from face to face of principal exterior walls.
B. Foundation. All principal structures in residential districts, except manufactured home in approved manufactured home
parks, shall be placed on permanent foundations that comply with the requirements of the State Building Code and are continuous
and solid for the entire perimeter of the structure.
C. Permitted encroachments in Section 1325.03 Subd 2 shall be exempt from subparts 1 and 2 above.
Subd. 8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and
B3 Districts. (revised 04127115) Unless preempted by the standards in this section, all other zoning provisions shall apply:
A. Purpose and Intent. The purpose of these additional design standards is to promote a high level of architectural,
landscaping, and site design in the business districts of Arden Hills. The City seeks to create a unified, harmonious, and high -
quality environment to foster a distinct, positive, and successful image for the City. The criteria by which new development,
redevelopment, and site modifications in the Districts shall be judged are as follows:
1. Consistency with provisions of the comprehensive plan and other guiding plans as amended from time to time; provisions
of the zoning ordinance and subdivision ordinance; and all other applicable regulations.
2. Use of appropriate materials, lighting, textures, colors, and architectural and landscape forms to create a unified, high -
quality design concept for each site that is compatible with adjacent and neighboring structures and functions.
3. Creation of unified site designs, each with a sense of internal order, that provide desirable environments for site users
and visitors and the community as a whole and that consider all site elements.
4. Provision of safe and adequate access from public streets to sites giving ample consideration to the location and number
of access points, the safety and convenience of merging and turning movements, and traffic management and mitigation.
5. Provision of on -site vehicular, bicycling, and pedestrian circulation by way of interior drives, parking areas, pathways, and
walkways adequate to handle anticipated needs and to safety buffer pedestrians and cyclists from motor vehicles. Ample
consideration shall be given to the width of interior drives, internal traffic movement and flow, separation of pedestrian, cycling,
automobile; and delivery traffic, and the safe, convenient, and practical arrangement of parking spaces.
B. Application. The standards in this Section should apply only to the building or site elements being developed or altered (i.e.
a proposal for changes to a building would be required to meet only those standards that pertain to buildings while changes to a
parking area would be required to meet the standards for parking areas but not for buildings). The design standards shall be
applied proportionately to the degree of change proposed. Upon recommendation from the Planning Commission, the City Council
may waive specific design standards based on the scale of the project. The City Council shall make the final determination on the
compatibility and consistency with the design standards.
C. Architectural Style and Building Character. Evaluation of a project shall be based on the quality of its design and on its
relationship to its surroundings. Site characteristics to be evaluated for this purpose include, but are not limited to, building and
landscaping materials, colors, textures, shapes, massing, building components, height, roof -line, and setback. Monotony of design,
both within projects and between projects and its surrounding, is prohibited. Variation in detail, form, and arrangement shall provide
visual interest. (revised 11/25/13)
D. Buildings shall be constructed of materials that are enduring, timeless, and well -detailed. Other new materials of equal or
better quality to those listed may be approved by the Community Development Department. (revised 11/25/13)
1. At least seventy-five percent (75%) of the exterior building materials shall be of brick masonry, tile masonry, natural stone
(or synthetic equivalent), decorative concrete plank, transparent glass or any combination thereof. (revised 11/25/13)
2. Trim and other accent or decorative features may be metal, wood, split faced block, EIFS, or stucco. Metals shall have a
matte finish and have visible corner moldings and trim when used on exterior walls. EIFS shall be located at least twelve (12) feet
above the ground line. (revised 11/25/13)
3. Undesirable materials shall include simulated brick, vinyl or aluminum siding, sheet or corrugated metal siding, plain
concrete blocks or panels, brightly colored metal roofing or canopies, pre -cast tilt -up walls, mirrored or reflective glass, and
materials that represent corporate colors or logos not in conformance with approved building materials. (revised 11/25/13)
E. Building Design. The arrangement, massing, materials and colors shall work to create a high quality development that is
responsive to existing buildings, site features, and site design on adjoining sites in the district. (revised 11/25/13)
1. At least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line.
2. Fagade treatment shall be carried around all sides. Architectural elements such as, but not limited to, windows, shutters,
awnings, doors, masonry exterior veneers, cornice detailing, window casings, and other architectural details should demonstrate
consistency on all sides of the structure that are reasonably visible to the general public. Plain flat walls shall not be permitted
when viewable from the public right-of-way or public areas.
3. To avoid long unbroken expanses and to increase visual interest from the street, buildings of more than 40 feet in width
shall be divided into smaller increments (between 20 and 40 feet) through articulation of the facades to convey the impression of
individually -constructed small storefronts or, in the case of housing, housing units. This can be achieved through the combination
of the following techniques:
a) The use of windows and doors;
b) Farade modulation -stepping backward or forward or extending a portion of the fagade;
c) Vertical divisions into storefronts with separate display windows and entrances;
d) Recesses and projections such as porches, dormers and bays that create shadows and add visual interest;
e) Variation in the rooflines by using multiple roof and ridge lines perpendicular to one another, offsetting single roof lines,
stepped roofs;
f) Providing a lighting fixture, trellis, tree, or other landscape feature with each interval.
4. Awnings or overhangs shall be provided at the primary entryway and at all entrances fronting a public street to provide
protection for pedestrians. Awnings shall be opaque so as not to create a glowing effect with lights under the awnings. Awnings
shall be constructed of durable and protective material, and shall be properly maintained. Plastic or fiberglass awnings shall not be
permitted. (revised 11/25/13)
5. Any multi -level building shall distinguish the ground floor level from the upper floors by use of any or a combination of
these techniques: an intermediate cornice line, difference in building materials or details, awnings trellis or arcade, special window
details, or brick corbels or quoins. A strong base and top for multi -story buildings shall be established; middle layers shall be
simpler. Detail shall be an integral part of the architecture rather than a series of applied elements.
6. Standardized corporate or franchise architecture identified with a particular chain shall be discouraged unless it is
compatible with surrounding architecture and conforms to these design standards. (revised 11/25/13)
7. Entrances shall have convenient access to the street frontage and to parking serving the use. For those properties along
County Road E, access to the street frontage shall be given priority where feasible.
F. Window and Door Openings (revised 10125121)
1. Commercial Fagade Transparency.
a) Fifty percent (50%) of all first level building fagades that front a public street shall be comprised of transparent windows
or doors in order to allow views of interior uses and activities.
b) If the building is a one story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12)
feet shall be included in calculating the facade area. (revised 11/30/15)
c) The City may consider a proportional reduction in the transparent window and door requirement on the public street
facade if additional transparent glass is used on the remaining sides. (revised 11/30/15)
2. Residential Fagade Transparency. Twenty percent (20%) of all residential building fagades that front a public street shall
be comprised of transparent windows or doors in order to allow views of interior uses and activities. Transparency requirement may
be waived by the City where privacy concerns warrant. (revised 11130115)
3. Configurations. The shape, size, and placement of windows and doors shall emphasize the intended organization and
articulation of the facade. Windows and doors shall be recessed at least one inch rather than being flush with the building facade.
(revised 11/25/13)
4. Materials. Acceptable materials for window trim include anodized aluminum, steel, wood, and clad wood. Door trim shall
be made of steel, wood, or clad wood. (revised 11/25/13)
5. For buildings with a use or function that does not readily allow windows (e.g. cooler or freezer areas, mechanical rooms,
security areas, storage areas) the transparent window standards may be reduced at the discretion of the City Council. However,
aesthetic interest must be provided by the use of upper level windows or architectural detailing that provides arches, patterning,
recesses, and shadowing. Architectural detailing may include such things as change in materials, change in color and other
significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall. (revised 11/25/13)
G. Building Color. Building colors shall be muted. Recommended colors include browns, grays, tans, beiges, and dark or
muted green, blues, and reds. Bright or brilliant colors and sharply contrasting colors may be used for only accent purposes
occupying a maximum of five percent (5%) of building fagades. (revised 11/25/13)
H. Fences. Fences shall blend into the landscape, be compatible with other materials used on site, and be made of a material
that minimizes corrosion. Finished and treated wood, brick, stone or wrought iron is encouraged.
I. Signs.
1. Business signs shall be architecturally compatible with the style, materials, colors and details of the building. Signs shall
be incorporated into the fagades of the buildings rather than extending past the roof line and should not project more than twelve
(12) inches beyond the plane of the fagades. Retail business wall signs shall be located in a position above the front window that is
located consistently among stores. (revised 11/25/13)
2. All other provisions in Chapter 12, Sign Code, shall apply.
J. Site Furnishings and Seating Areas.
1. Site furnishings shall be provided based on the scale of the project. The site furnishings may be spread out on the site or
clustered to provide a more formal area. Placing site furnishings near landscaped areas is encouraged. These areas may be
shared by multiple tenants on a property or adjacent properties and may include tables, chairs, benches, plantings, and other
outdoor amenities such as a plaza. These areas shall be maintained for year round use. Creativity is highly encouraged. These
spaces shall be connected to the sidewalk system.
2. Benches and decorative plantings shall be provided near the primary entrance of all buildings on a site.
3. Restaurants shall include a functional outdoor seating area with tables, chairs, plantings, and access to the restaurant.
a) No outdoor seating shall be permitted in any portion of the public sidewalks where normal pedestrian traffic flow is
obstructed.
b) The outdoor seating area shall not be used for exterior storage when the area is not in use. (revised 11/25/13)
c) These areas shall be distinguished with decorative fencing and/or plantings.
d) If alcoholic beverages are served, the establishment shall take reasonable steps to insure that alcoholic beverages are
consumed only by patrons of the establishment who are of age. All other provisions related to the license to serve alcohol shall
apply.
K. Screening.
1. Trash and recycling equipment, materials, and containers shall be fully enclosed and integrated into the architecture of
the buildings.
2. All mechanical equipment, whether roof -mounted or ground -mounted should be integrated into the architecture of the
building. It shall be completely screened from the ground -level view of adjacent properties and public streets. Wood screening shall
not be permitted.
3. Truck docks and delivery areas shall face away from the public street and shall be integrated into the architecture of the
building.
L. Landscaping. A minimum of one tree shall be placed along the right-of-way every forty (40) feet. The tree shall not interfere
with the roadway and shall be on private property. (revised 11/25/13)
M. Parking. (revised 10125121)
1. Sufficient parking shall be provided to accommodate the reasonable hourly peak on a given site. Shared parking is
encouraged to reduce land devoted to parking. Hourly variations among different types of land use may be considered when
estimated parking demands.
2. Plantings shall be used to soften and shade parking lots and parking structures. Parking adjacent to streets should be
screened from view with landscaping, including but not limited to trees, hedges, flowers and other bushes and/or decorative
masonry walls. Berms shall be discouraged. (revised 11/25/13)
3. Parking lot islands shall be used to distribute large parking lots into separate areas. Parking lot islands shall be planted
with trees or include infiltration basins and plantings. Entry drives shall be defined by trees and shrubs. (revised 11/25/13)
4. A concrete curb shall be provided around the periphery of all parking lots and access roads, except where the City
Engineer determines that a curb would impede drainage.
5. Parking structures that are visible from off the site shall display an integration of building materials, form, and colors with
the principal building. No signs other than directional signs shall be permitted on parking ramp facades. (revised 11/25/13)
6. Parking structures that are visible from off the site shall display an integration of building materials building form, textures,
architectural motif, and building colors with the principal building. No signs other than directional signs shall be permitted on
parking ramp facades.
N. Traffic Study. A traffic study shall be required for all new developments, redevelopments, and significant modifications to
existing sites unless waived by the City Council.
O. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors.
1. Alighting plan shall be submitted that shows location, type of illumination and design. A photometric analysis of site and
building shall be submitted for City approval with all new construction or redevelopment projects.
2. Exterior lighting shall be consistent in type, design, scale, and color to create unity in the Districts. High-pressure sodium
lighting and other similar types of lighting color may be required by the City to promote a unified lighting color throughout the
Districts. Other lighting colors may be considered during the City review process.
3. Exterior lighting for parking lots and buildings shall not be excessive and shall be directed at their intended purposes.
4. Lighting under a gasoline station canopy shall not be directly visible from the street but shall be recessed into the canopy
or otherwise shielded.
5. Light washing of buildings and accent lighting may be permitted through the City review process provided that it does not
negatively impact residential areas or traffic safety and is complementary to the district as a whole.
P. Pedestrian and Bicycle Circulation. Pedestrian and bicycle improvements shall be installed in accordance with the City of
Arden Hills Comprehensive Plan and the local guiding plan and shall be in conformance with the following:
1. Site design shall facilitate pedestrian connections and mobility within and between buildings, sites, and uses by providing
clear visual indicators through door placement, signage, striping, raised pathways, and integrating landscaping components.
(revised 11/25/13)
2. An internal sidewalk system shall link the primary entrance of each building on site with the public sidewalk or trail
network. In the event a building is subdivided into multiple separated tenant spaces, a sidewalk must link the primary entrance of
each separated tenant space with the public sidewalk network. (revised 11/25/13)
3. Where there is new building construction or renovation where the renovation value is thirty percent (30%) or more of the
Pre -renovation value of the structure, a minimum six foot concrete sidewalk adjacent to or in all rights -of -way shall be provided.
The location of the sidewalk shall be prescribed by the Public Works Director. The new sidewalks shall connect to sidewalks on
adjacent properties if they exist. At the discretion of the City Council, the property owner may, in lieu of constructing the sidewalk,
pay the City an amount equal to the cost of constructing the sidewalk to satisfy the obligations of this section. Said payment shall
be used by the City to further maintain and construct the pathway system within the City. (revised 11/25/13)
Q. Bicycle Parking. (adopted 11/25/13)
1. General Requirements.
a) Bicycle parking may be provided using the following approaches: bicycle racks, bicycle lockers, or bicycle parking
stations.
b) Bicycle racks must support a bicycle frame at two locations and enable the frame and one or both wheels to be secured.
The City requires that bicycle racks meet inverted "U", ring -and -post, or comparable design standards.
c) Bicycle racks or lockers must be securely anchored to a level, concrete or pavement surface.
2. Location Criteria. Bicycle parking shall be located in a safe, designated area and should be within fifty (50) feet of the
primary building entrance. Bicycle racks shall be visible either from within the building or the public right-of-way.
3. Dimension Criteria.
a) At least two (2) feet of clearance shall be provided from the centerline of each adjacent bicycle rack.
b) An access aisle of at least five (5) feet shall be provided in each bicycle parking facility.
c) Bicycle racks shall be at least twenty-four (24) inches from a wall to which they are parallel and thirty (30) inches from a
wall which they are perpendicular.
4. Number of Required Bicycle Parking Spaces. For commercial uses, one bicycle parking space shall be provided for every
twenty (20) automobile parking spaces. A minimum of two (2) parking spaces is required.
R. Drainage/Water Management Plan. Stormwater management plans shall comply with Rule C: Stormwater Management
Plans of the Rice Creek Watershed District Rules.
S. Environmental Conservation and Sustainability. The City encourages the use of green materials and environmentally friendly
construction and site design such as the use of pervious surfaces, green rooftops, energy efficient materials, LEED standards, and
other green building techniques.
1325.055 Tree and Landscaping Preservation.
(Adopted 4128108; revised 1112812022)
Subd. 1 Findings, Purpose and City Authority.
A. Findings and Purpose. The purpose of this section is to identify trees that are to be saved when development or land
disturbing activity is occurring. It is the City's intent to protect, preserve, and enhance the natural environment of Arden Hills and to
encourage a resourceful and prudent approach to development. The city council finds it is in the best interest of the city to protect,
preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to
development and property alteration. In the interest of achieving these objectives, the city has established the comprehensive tree
preservation regulations herein to promote the furtherance of the following:
1. Protect and preserve the environment and natural beauty of the City;
2. Minimize tree and habitat loss during development and construction;
3. Establish minimum standards for tree preservation, landscaping, and the mitigation of environmental impacts resulting
from landscape tree removal;
4. Enforce tree preservation and landscaping standards to promote and protect the public health, safety and welfare of the
community;
5. Increase and maintain property values;
6. Enhance energy conservation through natural insulation and shading;
7. Prevent or reduce soil erosion, sedimentation and stormwater runoff;
8. Protect privacy by maintaining buffers between land uses; and
9. Preserve the variety and extent of trees which exist in the City and which are an integral part of this City's identity.
B. City Authority. To preserve protected trees, the City may:
1. Require and enforce a tree preservation plan as described below;
2. Specify trees or groups of trees for preservation;
3. Specify grading limits;
4. Require the clustering of buildings or the relocation of roads, drives, buildings, utilities or storm water facilities when this
would preserve protected trees;
5. Specify time periods in which tree cutting, trimming or injury may not occur in order to prevent the spread of disease; and
6. Require easements to ensure that groups of significant trees are not destroyed after the development has been
approved.
Subd. 2 Tree Preservation Plan.
A. Scope. A Tree Preservation Plan is required as part of an application for:
1. New building construction in any zoning district;
2. An expansion of an existing building or hard surface by ten percent or greater, where an approved tree preservation plan
is not on file with the city;
3. Any project for which a city grading permit or erosion control permit is required
4. A plat or minor subdivision.
B. Tree Preservation Plan Submission Requirements. A Tree Preservation Plan must include a tree survey certified by a
registered land surveyor, landscape architect, or forester. See Appendix A for details on the requirements of a Tree Preservation
Plan. Projects on residential sites of fewer than two lots are not required to have tree surveys certified. Applicants are encouraged
to consult with city staff concerning preservation of protected trees before developing a Tree Preservation Plan.
C. Review Process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve
significant trees and to enhance the efforts to minimize damage to significant trees. The applicant shall meet with city staff prior to
submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most
feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the
fewest significant trees are destroyed or damaged.
Subd. 3 Performance Guarantee.
A. Any applicant required to submit a tree preservation plan shall provide the required performance guarantee following
preliminary approval of the tree preservation plan and prior to any construction and/or grading to insure completion and
maintenance of all landscaping and trees in accordance with the approved tree preservation plan required hereunder.
B. The amount of a bond or other approved financial surety shall be 125% of the cost of materials and installation.
C. The bond or other financial surety shall be provided prior to the issuance of any building or grading permits and shall be
valid for two full years, from the date of installation.
D. For any tree that is not in accordance with the approved tree preservation plan at the end of two growing seasons, the
applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city,
at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance.
Subd. 4 Compliance with Plan. The applicant shall implement the tree preservation plan prior to and during any construction.
The tree protection measures shall remain in place until all grading and construction activity is terminated.
A. Tree Removal Prior to Approval. No significant trees shall be removed until a tree preservation plan is approved by the city
and except in accordance with the approved tree preservation plan.
B. Inspection. The city shall have the right to inspect the development and/or building site in order to determine compliance
with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been
met.
C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline
within two growing seasons from date of project closure, it must be mitigated at a rate of 2:1, or two caliper inches of trees replaced
for every caliper inch of tree removed. This provision also applies to an easement area that is disturbed during or after
development. The City may use the performance guarantee to accomplish this.
Subd. 5 Tree Removal and Preservation.
A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or killing trees when:
1. Fewer than ten (10) percent of the caliper inches of the significant trees on the property are cut, removed, or killed
2. There is an existing principal use on the property and no construction, grading, or development is to occur in the location
of the removed tree(s) within two years thereafter.
3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees.
B. Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council when there is a greater
public good such as;
1. Allowing for LEED Certified architectural practices;
2. Providing affordable housing;
3. Allowing for a public road or trail; or
4. Providing for a public utility service.
C. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new
subdivision has a reasonable number of lots or units and has lot lines and building pads that minimize tree loss. Mitigation must be
provided for any removal of significant trees.
D. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the subject property shall be removed
from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees
shall not count toward calculation of significant tree inventory.
E. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by unnatural causes
within two years before a development application will be regarded as if it were present at the time of construction or a
development application.
Subd. 6 Approved Tree Mitigation.
A. Mitigation Standards. Mitigation for tree removal of significant trees must meet the following specific standards;
1. Mitigation Rate. Significant live trees lost or reasonably anticipated to be lost as a result of building, construction, or
grading immediately or in the future, shall be replaced by the property owner by planting that number of caliper inches of trees
('replacement trees") determined at a rate of 1:2 or one inch replaced for every two inches lost. The trees required to be replaced
pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code.
2. Mitigation Species. Replacement trees shall be of a species similar to the trees which are lost or removed and shall
include those species pre -approved in writing by the City. The City maintains a list of trees provided for guidance in selection of
trees and shrubs.
3. General Mitigation Standards.
a) All replacement trees shall meet the American Standards for Nursery Stock relating to quality of stock and appropriate
sizing of the root ball for balled and burlapped and spade -moved trees.
b) Trees planted in accordance with mitigation requirements shall not be comprised of more than 25 percent of the same
species or size unless approved by the city.
c) Replacement trees shall be planted on the same property from which the trees were removed. If the City determines, at
its sole discretion, that the number of replacement trees to be planted exceeds the number of trees that can be accommodated
practically on -site, off -site planting may occur at locations to be determined by the City, or a landscaping fee in lieu of off -site
planting may be required as provided in paragraph d below.
d) Where tree replacement on -site in satisfaction of Subd. 6.A above is not practical and a suitable off -site location cannot
be determined by the City, a landscaping fee in lieu thereof may be assessed for the replacement required. The landscaping fee
amount shall be the cost of materials and installation of tree(s), plus ten (10) percent, and shall be provided by the applicant and
approved by the City. All landscaping funds collected shall be expended exclusively towards landscaping, as defined by the
ordinance, for implementation of the goals listed in Subd. 1 of this section and Section 1325.05, Subd. 1.A.
e) Development that is subject to the landscape requirements in Section 1325.05 of the Zoning Code may count
preserved trees towards the required landscaping plan. The planting of trees for mitigation shall be in addition to the landscape
requirements of Section 1325.05 and shall be replaced in accordance with paragraph c and/or d above.
f) The required mitigation trees shall be replaced by the property owner or original developer if they have died or have
severely declined after the second full growing season following installation. A tree shall be considered to be severely declined if
more than 25 percent of the crown has died.
Subd. 7 General Tree Protection Standards.
A. Prior to Construction. Before construction, grading or land clearing begins; trees or tree areas that are to be preserved shall
be visibly marked and the city -approved tree protection fencing or other method shall be installed and maintained at the critical root
zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan.
This fencing shall be inspected by city staff before site work begins.
B. During Construction. The following activities shall be prohibited within the critical root zone areas of trees to be protected.
1. Trenching;
2. Temporary storage of any construction materials or chemicals; and
3. The routing or parking of heavy equipment, including cars, trucks, bulldozers and construction trailers.
4. Sediment and erosion control. All sediment and erosion -control silt fencing or straw bales shall be placed at the limits of
grading or where needed to minimize the deposition of sediment within the drip line of the protected tree(s).
5. Attaching protective devices, signs, etc., to trees is prohibited. No protective devices, signs, utility poles or lines, or other
objects shall be nailed or attached to any trees that are to be preserved.
6. Other actions prohibited. Any other action within the drip line of the protected tree(s) that may result in the severing of
roots or compaction of soil, or that may impede the free access of air and water to tree roots, shall be prohibited.
C. Ponding. Water retention ponding may not be located where there are significant trees, unless approved by the city. The
water retention ponding must be created in a manner that prevents erosion into any nearby water resource.
D. Amendments to Plan. An amendment to the tree preservation plan shall be required prior to the removal of trees that were
designated for preservation on the original tree preservation plan. The amendment shall be subject to City approval prior to
implementation.
1325.06 Requirements for Parking, Loading and Circulation. (revised 4/28/08)
(revised 7122124)
Subd. 1 Off -Public Street Parking.
A. Area and Dimensions of Each Parking Space. For the purpose of this Code, a parking space shall be not less than three
hundred (300) square feet per vehicle of standing and maneuvering area. Individual spaces shall be at least nine (9) feet in width
and eighteen (18) feet in length.
B. Access. All off-street parking spaces shall have access driveways and access directly to public streets or alleys. Curb cuts
for uses other than single family homes shall require approval from the Council. The number of curb cuts along arterial and
collector roads shall be held to a minimum whenever possible. Any residential lot, which has frontage on both a local street and a
collector street or a major or minor arterial (as defined by the Comprehensive Plan of Arden Hills) shall gain access only from the
local street.
C. Construction Standards. These standards shall apply to all development:
1. Surfacing. Off-street parking areas and drives shall be improved with a paved surface. Such areas shall be so graded and
drained so as to dispose of all surface water accumulation within the area as required by the City and the Rice Creek Watershed
District.
2. Curbs. A concrete curb and gutter shall be constructed for all developments according to the requirements of the City
Engineer except driveways for single and two-family residences.
D. Location. All off-street parking spaces herein required shall be located according to the following:
1. Spaces required for one and two family dwellings shall be on the same lot as the principal structure.
2. Spaces required for multiple -family dwellings shall be on the same lot as the principal structure served or within two
hundred (200) feet of the main entrance if not located on the same lot.
3. Spaces required for business and industrial uses should be within eight hundred (800) feet of the main entrance to the
principal building served.
4. No off-street parking space, with the exception of the driveways, shall be within twenty (20) feet of the right-of-way line of
any public street, except in the GB District where the setback shall be fifty (50) feet.
5. In no case shall off-street parking areas containing four (4) or more parking spaces be closer than five (5) feet from any
side or rear lot lines, except in the GB District where no such parking shall be closer than twenty (20) feet to any exterior project lot
lines other than for joint facilities as permitted herein, or as otherwise permitted in this Code.
6. If required parking is located on a site other than the site on which the principal building or use is located, a properly
drawn legal instrument, executed by the parties involved, must be executed and filed with the City and the proper county office, if
deemed necessary by the City Attorney, which provides for such parking and which shall not be terminated without approval by the
City Council.
E. Joint Facilities. The required off-street parking spaces for two (2) or more uses may be located jointly on the same lot,
adjoining lot, or in the same structure when
1. The number of spaces provided is equal to or greater than the sum of the separate requirements for each use; and
2. The joint facility is reasonably related to the destination of the user; and
3. It can be demonstrated that there will be no substantial conflict in the principal operating hours of the uses to be served;
and
4. Setbacks for such joint parking facilities meet the minimum parking setback requirement from any lot lines other than the
common lot lines between the lots involved in the joint parking where setback requirements may be waived; and
5. A properly drawn legal instrument, executed by the parties involved, is filed with the City and the proper county office, if
deemed necessary by the City Attorney, which provides for such mutual parking agreement which shall be terminated without the
approval of the Council.
F. Reduction in Number of Required Spaces. The number of spaces required for a specific use may be reduced if the owner
or occupant provides documentation that a lesser number of spaces will actually be needed than normally required by this Code
and the City Council authorizes such lesser number after recommendation by the Planning Commission. The difference in the
number of spaces provided and those required shall be shown on the approved site plan as "proof -of -parking" and shall be
constructed if and when the need for such additional spaces arises.
G. Conversion or Alteration of Approved Uses. Commercial or industrial buildings for a use, or uses, which is proposed to be
converted, remodeled, or modified to accommodate another allowable use, or uses, which has a greater off-street parking
requirement shall be required to apply for Site Plan Review and approval to assure the adequacy of off-street parking.
H. Parking Structures. The minimum setbacks of parking structures shall be the same as for principal buildings in the district
and the exterior finish shall be compatible with the principal building served by the parking structure.
I. Loading Areas and Maneuvering Space. Such areas shall not be used to satisfy the parking requirements in this Section.
J. Off Street Parking Spaces Required:
Use
Bingo Halls
Bowling Alleys
Business & Professional Office
Call Center
Churches, Theaters, Auditoriums, Mortuaries,
and Other Places of Assembly
Clinics
Daycare, Nursery, and Pre -School Facility
Dwelling, single and two-family
Dwelling, multiple family
Event Center
Inside Motor vehicle Leasing or Sales
Motels/Hotels
Multiple Occupancy Structure
Other Business and Industry
Recreation Facility
Residential Facility or Group Home
Restaurants, Bars
Restaurant, Fast Food
Retail Sales
Schools, Elementary, and Middle School
Schools, Secondary
Service Station
Uses Not Specifically Noted Including Public
Uses
K. Parking Capacity to be Maintained.
Required No. of Spaces
1 for each 1.5 max. seating capacity
5 for each lane plus spaces for related uses
1 for each 250 sq. ft. of gross floor area
1 for each 150 sq. ft. of gross floor area
1 for every 3 seats (based on design capacity)
1 for each doctor or dentist plus 1 for each nurse, technician, or professional
and 1 for each 200 sq. ft. of gross floor area
1 for each teacher or employee plus 1 for each 5 individuals receiving care
(design capacity)
2 for each dwelling unit
1.1 per efficiency and 1 bedroom dwelling units; 2 for each 2+ bedroom
dwelling units
1 for every 4 seats (based on design capacity)
1 for each 250 sq. ft. of gross floor area used for showrooms, sales, and
offices
1 for each employee plus 1 for each unit
1 for each space required for each separate use
1 for each employee on major shift plus 1 for each vehicle used in conducting
the business or 1 for each 1,000 sq. ft. of floor area, whichever is greater
1 for each 1.5 persons at design capacity
1 for every 4 residents plus 1 for each employee on major shift plus 1 for each
on -call medical professional
1 for every 2 seats
15 stacking spaces for each customer pickup window plus 1 for each 2 seats
1 for each 150 sq. ft. of gross retail sales floor space
1 for each staff member plus 3 per classroom
1 for each school employee plus one space per 4 students
3 for each enclosed bay plus 1 for each employee on peak work shift
As determined by City Council after recommendation by Planning
Commission.
1. Surfacing and striping of parking lots shall be maintained in a manner that will assure that the designated parking
capacity is met.
2. Snow storage areas shall be provided so that the number of parking spaces is not reduced below the minimum required.
The City may initiate proceedings to require that snow be hauled off the site if parking and circulation problems related to
inadequate snow -removal occur.
3. Required parking, loading or maneuvering space shall not be used for the sales, storage, display or leasing of vehicles,
boats or products, except for temporary use by special permit.
L. Building Permit and Site Plan Approval Required. A building permit shall be required in such case where a commercial,
industrial, public or semi-public land use is intending to construct on -site parking containing a site aggregate of more than four (4)
spaces or a loading facility that is not a part of, or has prior approval as part of a site plan for which a building permit has been
issued.
M. Inoperable and Unlicensed Vehicles. Passenger vehicles, recreational vehicles, trucks and watercraft that are in an
inoperable condition or are unlicensed or in storage shall not be parked outdoors in the City for a period exceeding seven (7) days.
"Inoperable" shall mean incapable of movement under its own power or in need of repair or disposal in a junkyard.
Subd. 2 Off -Street Loading. Off-street loading space shall be provided in connection with any use which requires the receipt or
distribution of materials by truck. Where noise from such loading space is audible in a residential district, the activity shall terminate
between the hours of 7:00 p.m. and 7:00 a.m.
Subd. 3 Traffic and Circulation.
A. Accessibility to Public Streets. All commercial and industrial buildings or structures and their accessory uses shall be
accessible to and from nearby public streets.
B. Traffic Control Measures. Vehicular traffic generated by a commercial or industrial use shall be channeled and controlled in
a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly
truck traffic. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the city
which may require such additional measures for traffic control as deemed necessary, including, but not limited to the following:
Directional signalization, channelization, standby turn lanes, illumination, snow storage area and distribution facilities within the
commercial site to prevent backup of vehicles on public streets. Internal site traffic shall be designed to separate perimeter traffic
and parking areas. Parking stalls shall be oriented so as to accommodate pedestrian traffic in a safe manner such as, but not
limited to, orienting parking aisles toward the principal building entrances.
C. Driveways.
1. Driveway widths. The permitted width of accesses to County or State streets or roads is subject to County or State
regulations. The following are the required driveway widths for driveways accessing the following types of streets or roads, the
measurements being between the edges of the driveway at right angles thereto.
Types
Residential
Commercial
Minimum (feet) Maximum (feet) Minimum (feet) Maximum (feet)
(a) Minor Streets 10 22 22 32
(b) City Collector Streets 12 22 26 32
2. Minimum Driveway Angle to Public Street: Thirty (30) degrees when the public street is one-way or divided, otherwise sixth
(60) degrees.
3. Minimum Distance of Driveway from Street Intersections: Distance shall be measured along street right-of-way line
between the nearest driveway edge and the nearest right-of-way line of the intersecting street.
If the driveway enters a and the intersecting street is and the driveway enters lane
street classified as a: classified as a: approaching or leaving intersection:
If the driveway enters a and the intersecting street is and the driveway enters lane
street classified as a: classified as a: approaching or leaving intersection:
Approach (feet) Leave* (feet)
Local Street
Local Street, Collector or
15
15
Minor arterial
Local Street
Minor Arterial
20
15
Collector Street
Local Street
20
15
And Minor Arterial
Collector, Minor Arterial
25
15
Major Arterial
35
20
Major Arterial
Local Street
20
15
Collector, Minor Arterial
25
15
Major Arterial
40
20
Expressway Ramp
200
100
* Note: Minimum distance to be the same as that specified for approaching lane if left turns are
permitted into or out of driveway.
* Note: Minimum distance to be the same as that specified for approaching lane if left turns are permitted into or out of driveway.
4. Proximity to lot lines. Access drives may be placed adjacent to property lines, but in no case shall a driveway be placed
nearer than five (5) feet to an existing drive on an abutting parcel.
5. Proximity to residence or other principal building. No access drive shall be closer than three (3) feet to any single- or two-
family residence, nor closer than five (5) feet to any other principal building.
6. Traffic Study May Be Required. Any site development that proposed to increase the peak hour traffic on streets or
highways near the development, may be required to submit a Traffic Study prepared by a qualified traffic engineer, that defines the
impact of the development on the street and highway system and shows techniques to mitigate potential problems.
NOTE: See City Code, Chapter 8, for additional on -street parking regulations.
7. Access to streets. Each property which abuts one or more public streets, shall be entitled to at least one access to a public
street. Single family uses shall be limited to one (1) access per property.
8. Prohibited areas. In all residential districts, parking shall be prohibited on any area of the property except on designated
driveways or parking lots. There shall be no more than four vehicles parked on the driveway.
1325.07 Performance Standards.
(revised 9/27/21)
Subd.1 Maintenance.
A. Health and Safety. In all districts, all buildings and structures, including fences and required landscaping, shall be
maintained so as not to be unsightly or present harmful health or safety conditions.
B. Snow Removal. In all districts, it shall be the responsibility of the residential and/or business land owner to insure proper
snow removal from the sidewalks within twenty-four (24) hours after the last accumulation of two (2) inches or more.
Subd.2 Refuse.
A. Containment. In all districts, any waste materials, debris, refuse or garbage shall be stored and kept in accordance with the
requirements of Section 660.05 of the City Municipal Code, as the same may be amended from time to time.
B. Noxious Weeds and Objectionable Plant Growth. Land shall be kept free of noxious weeds and unsightly or objectionable
plant growth of eight (8) inches or more in height.
C. Home Interiors. Home interiors shall be kept in a clean and sanitary condition free of any accumulation of rubbish and
garbage in compliance with State Health Regulations.
D. Compliance Deadline. Existing uses shall comply with these provisions within thirty (30) days following the effective date of
this Code.
Subd. 3 Exterior Storage.
A. Residential Districts.
1. Materials and Equipment. All materials and equipment shall be stored within a building or be fully screened so as not to
be visible from adjoining lots, except for the following: Laundry drying and recreational equipment, construction and landscaping
materials currently (within a period of twelve (12) months) being used on the premises; agricultural materials and equipment if
these are used or intended for use on the premises; off-street parking of passenger cars and pickup trucks.
2. Boats, Trailers and Utility Vehicles. Exterior storage of boats, trailers and utility vehicles is not permitted in any residential
district, except as regulated in Section 1325.12.
B. Business and Industrial Districts.
1. Screening. All exterior storage in the business and industrial districts shall be screened from public view, except materials
and equipment currently being used for on -site construction.
2. Parking. Vehicles, including but not limited to cars, trucks, buses and RV's parked and/or stored in public view for more
than a period of seven (7) days shall be prohibited unless allowed by the permitted business or industrial use, except as regulated
in Section 1325.12.
Subd. 4 Electrical and Radiation Emissions. No activities shall be permitted that emit dangerous radioactivity beyond an
enclosed area. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than
that of the creator of such disturbances.
Subd. 5 Environmental Pollution. Emission or creation of noise, odors, vibrations, glare, dust, smoke, heat and toxic or noxious
fumes shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. None of
these shall be at a level that is objectionable to surrounding properties.
Subd. 6 Animals. (Amd. Ord. 2024-006, passed 6-24-2024)
A. Location for Buildings Housing Farm Animals. Any building in which farm animals are kept shall be located a distance of
two hundred (200) feet or more from any lot line. Any open structure in which farm animals are kept shall be a distance of four
hundred (400) feet or more from any lot line, except for chicken coops and bee hives in the R-1, R-2, and R-3 Districts provided the
following requirements are met:
Chicken Coops
(1) A coop, separate from other structures, is required to house the chickens. Coops must be constructed and maintained to
meet the following minimum requirements:
a. A coop with a minimum of 20 square feet and no larger than 36 square feet is permitted as an accessory structure
subject to Section 1325.01. Subd. 4 A. for Size.
b. Exemption to Ordinance -A residential property with a detached garage and an accessory structure/shed will be
allowed a third accessory structure for keeping chickens. The combined square footage of all three detached structures may not
exceed 728 square feet.
c. Located in the rear yard. Chicken coop, pen, and optional exercise yard are not permitted in the front or side yard.
d. Setbacks are subject to applicable accessory structure setbacks of the underlying zoning district. In no instance shall
the coop be located in front of the rear building line of the principal structure.
e. The outer limit of the coop including pen shall be located closer to the principal dwelling upon the property that is issued
a license than any other residential dwelling on an abutting property and shall in no instance be located less than ten (10) feet from
the property line and no closer than twenty-five (25) feet to any public trail or walkway.
f. Climate control adequate ventilation and/or insulation shall be provided to maintain the coop temperature. Prior to
issuance of a new license, the prospective license holder must provide a plan for maintaining an adequate temperature in the coop
for safety of the fowl or poultry. The plan must address both extreme winter and summer temperature conditions.
g. Rodent proof coop construction, all grain and food, and materials must be adequate to prevent access by rodents.
h. Coops shall be constructed and maintained in a workmanlike manner.
i. Chickens must not be housed in a residential house or an attached or detached garage.
(2) A pen is required. The pen must be constructed and maintained to meet the following minimum standard:
a. The pen shall be located adjacent to the coop and fenced with adequate coverage to keep hens in and predators out.
b. Minimum size per bird shall be 10 square feet of floor space.
(3) An exercise yard is optional. This area must be located adjacent to the chicken coop and pen and chickens must be
supervised by the licensee while in an exercise yard.
(4) The licensee shall be responsible for cleaning up the chicken keeping areas and disposing of waste in a sanitary
manner. Chicken feces must not be composted on site.
(5) Hens, coop, pen, and optional exercise yard shall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
(6) Any violation of the above conditions, (i.e. roaming chickens outside of proper enclosure, uncontrolled odor), if not
remedied within 10 days, may result in revocation of the license.
(7) If the license holder does not renew the chicken license, and the coop was licensed as an allowed third accessory
structure for chickens, the coop/third structure cannot be repurposed for a storage structure, and the homeowner shall have 60
days to remove any coop, pen, and exercise yard associated with the keeping of chickens in its entirety. If the homeowner/license
holder fails to perform the above, the City may enter upon the subject property, remove the coop, pen, and exercise yard from the
homeowner s property, and charge the amount back to the homeowner as an assessment on the property tax roll. If the coop was
licensed as an allowed second accessory structure, and the property complies with the accessory structure requirements, the
structure may be repurposed for a storage structure.
(Updated 9/22/25)
Bee Hives
(1) The number of hives on residential lots is not to exceed:
i. 1 acre or larger: 8
ii. 1 acre to 3/4 acre: 6
iii. 3/4 acre to 1/2 acre: 4
iv. 1/2 acre or less: 2
(2) The bee hive(s) may not be located in the front yard or a side yard abutting a street.
(3) Bee hive(s) may be no closer than twenty-five (25) feet to an occupied building on another lot and/or any public trail or
walkway.
(4) The hives shall be located at least ten (10) feet from side and rear property lines.
(5) Any property owner who keeps bees shall provide and maintain a nearby, designated water source.
(6) Prior to installation of the bee hive(s), the property owner shall provide written notice to the neighbors immediately
adjacent of their intent to keep bees.
B. Number of Animals Allowed. Up to four (4) domestic animals, excluding birds and fish, are permitted in any dwelling unit,
but without a residential dog kennel license not more than two (2) may be dogs. Up to three (3) dogs are allowed with a residential
dog kennel license. Dog enclosures may be located only in a rear yard in all zoning districts.
C. Animals for Research. Animals for research may be kept in appropriate places by conditional use permit.
D. Wild Animals. Wild animals are not permitted in any district.
Subd. 7 Site Grading.
A. Erosion Prevention. Earth surfaces shall be planted or stabilized to prevent erosion.
B. Drainage onto Neighboring Property. Finished slopes and grades shall not cause adverse drainage effects on adjoining
properties.
1325.08 Filling and Excavation.
Subd. 1 Permit Required. A Grading and Erosion Control permit also subject to Chapter 15 shall be required for any filling or
excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acre, whichever is greater.
Operations of over the above -described amounts shall be considered land reclamation or mining, and shall require a conditional
use permit in accordance with Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances.
Subd. 2 Exceptions. The following operations are excepted from the preceding permit requirements:
A. Excavation for construction of existing public streets and utilities;
B. Filling, excavation, or movement of less than fifty (50) cubic yards of earth for landscaping purposes on a lot already
occupied by a residential structure;
C. Minor agricultural or conservation operations.
Subd. 3 Type of Fill. Fill to be placed on sites shall be subject to City Engineer approval. Building construction materials,
concrete, bituminous, and soils containing hazardous or toxic waste, predominately organic materials, household wastes,
mechanical debris, etc., shall not be permitted.
Subd. 4 Periodic Operations. Periodic filling or excavation of amounts less than four hundred (400) cubic yards per parcel or per
acre shall be allowed under separate Grading and Erosion Control permits until the composite total of such periodic operations
exceeds four hundred (400) cubic yards. Further operations will then be subject to a conditional use permit in accordance with
Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances.
Subd. 5 Submissions. The applicant for a Grading and Erosion Control permit shall submit the information outlined in Chapter
15 Section 1520 — Erosion and Sediment Control Plans and Review.
Subd. 6 Review Procedure. The Grading and Erosion Control permit application shall be reviewed by the City Engineer and
other members of the administrative staff to determine the impact of the proposed operations upon drainage patterns, adjacent
properties, wetlands, and bodies of water. The permit may be approved as submitted, approved with modifications, or rejected
because of specifically stated adverse impacts. If denied, the applicant may appeal the administrative decision to the City Council
within ten (10) days.
(Amended 11127123)
1325.09 Antennas, Dish Antennas and Towers.
(revised 8/5/09)
Subd. 1 Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public
health, safety, and general welfare of the community, the City finds that these regulations are necessary to:
A. Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas
in order to reduce the number of new towers necessary to serve the community;
B. Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements
to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback
requirements;
Subd. 2 Applicability. The regulations in this subsection shall apply to any antenna or tower except as hereinafter provided in
Subd. 3.
Subd.3 Exemptions.
A. Antennas and towers used by the City for City purposes.
B. Receptive dish antennas under one (1) meter in diameter and individual receptive antennas, which are no taller than twelve
(12) feet above the roofline, regardless of the zoning district.
C. In all residential districts, no more than two (2) exempted antennas and no more than one (1) antenna requiring a
conditional use permit shall be allowed on any lot or parcel.
Subd. 4 Conditional Use Permit. (revised 516110)
A. New Antennas, dish antennas and towers are allowed only as conditional accessory uses or structures. They are therefore
allowed only on property containing a principal use or structure to which the antenna, dish antenna or tower is accessory or
secondary. (revised 11130115)
B. Towers that were inexistence prior to April 8, 2010 are allowed as conditional uses and maybe the primary use on a
property. New antennas may be added to said towers subject to the limitations of the conditional use permit for each tower.
C. Antennas, dish antennas, and towers located on property owned by the City of Arden Hills shall not require a conditional
use permit and shall not be subject to the height regulations in Subd. 5, Height, of this section.
Subd. 5 Height. (revised 5/6/10) The height of an antenna or tower shall be measured from the ground at the base of the
antenna, tower, or other structure that the antenna is attached to, to the highest point of the antenna or tower. No antenna or tower
shall exceed the following height limitations:
A. A dish antenna shall not exceed fifteen (15) feet in height if ground or pole mounted and shall not extend more than twelve
(12) feet above the roof if it is roof mounted. Regardless of these height limitations, the antenna shall be mounted as close to the
ground or roof as practical.
B. No antenna or tower shall exceed a height of seventy-five (75) feet.
C. Towers constructed prior to April 8, 2010, which exceed the seventy-five (75) foot height limit, shall not be increased in
height. New antennas may be placed on said towers provided the antennas meet the requirements of the conditional use permit for
the tower and do not exceed the height of the tower.
D. No antenna or tower shall exceed a height equal to the distance from the base of the tower to the nearest overhead
electrical power line (except individual service drops), less five (5) feet.
Subd.6 Location.
A. New antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the
City, that none of the City water towers can be feasibly used from an engineering standpoint.
B. Preferences for Antenna and Support Structure Locations. When selecting sites for the construction of new Antenna
Support Structures and/or for the placement of new antennas, when not located on a City water tower site, the following
preferences shall be followed in order of listing:
1. Existing towers or on existing structures located within any Industrial, Civic -Center, or Business District zoned property
2. On new towers located within any Industrial, Civic -Center, or Business District zoned property
3. Any existing towers or structures located within any Residential zoned property.
4. Any new towers or structures located within any Residential zoned property.
C. Co -location Required. If a new antenna support structure is to be constructed, it shall be designed structurally and
electrically to accommodate both the applicant's antennas and comparable antennas for at least one (1) additional user. Any
antenna support structure must also be designed to allow for future re -arrangement of antennas upon the tower and to accept
antennas mounted at different heights. Other users shall include, but not be limited to, other cellular communication companies,
Personal Communication Systems companies, local police, fire and ambulance companies.
D. Prohibitions. No new support structures shall be approved for construction, unless the applicant shows, to the reasonable
satisfaction of the City, that an existing tower or structure is not feasibly available for use from an engineering standpoint.
E. Antennas and towers shall be located on sites or buildings in areas that are the least visually intrusive to nearby properties
and public streets.
ii. With the exception of antennas placed on towers constructed prior to April 8, 2010, antennas, dish antennas or towers
shall not be allowed (revised 5/6/10):
1. Nearer the street than the principal building on the lot.
2. Nearer the side or rear lot lines than the minimum side or rear yard setbacks for accessory uses as established in Section
1320.06 of this Code.
3. Nearer to an adjoining property's buildable area than to the principal building on the site on which the antenna or tower
will be placed.
4. Nearer to any property line than the height of the antenna or tower.
Subd.7 Screening.
A. Dish Antennas. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public
or private property within six hundred (600) feet of the dish, as follows:
1. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping,
or a combination of these devices.
2. Roof or Wall Mounted Dishes. Screening for roof- or wall -mounted dishes shall be in accordance with Section 1325.05
Subd 4
B. Antennas. Antennas shall be painted the color of the structure to which they are attached.
Subd. 8 Special Requirements for City Water Tower Sites. The placement of licensed commercial wireless telecommunication
services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that
the following requirements are met:
A. The applicant's access to the facility will not increase the risks of contamination to the City's water supply;
B. There is sufficient room on the structure to accommodate the applicant's equipment and all equipment (antennas, exterior
cables, etc) attached to the structure is painted to match the color of the structure;
C. The presence of the equipment will not increase the water tower or reservoir maintenance costs to the City;
D. The presence of the equipment will not be harmful to the health of workers maintaining the water tower or reservoir.
E. Antennas placed on the top of the tower shall not exceed the height of the tallest existing antenna.
F. There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground
equipment are met:
1. The base transceiver station and all other ground equipment shall be housed in an existing on -site equipment building
whenever possible. If an existing equipment building is unavailable, a new equipment building may be constructed. If the
equipment is to be housed in a weather-proof cabinet -like structure in lieu of a building, it shall be mounted upon a suitable
concrete pad.
2. If there is an equipment building constructed on site, it shall be subject to City approval.
3. To the extent possible, the equipment building or cabinet shall be located adjacent to or near existing on -site buildings.
4. The equipment building or cabinet shall be screened from view of adjacent properties by suitable vegetation, except
where non -vegetative screening (e.g., a decorative wall or fencing) better reflects and complements the character of the
neighborhood.
5. The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon
termination of the lease.
6. All applicants must include a signed report from a State registered engineer showing compliance with all applicable
codes, standards and structural requirements of how the additional antennas will affect the water tower structure. A final inspection
report from a State registered engineer showing the work completed is in compliance with previously approved plans shall also be
required.
Subd.9 Requirements.
A. A building permit shall be required for all applications except those as stated in Section 1325.09 Subd 1.A.
B. The City shall require the applicant to complete a radio frequency interference study that is carried out by an independent
and qualified professional reasonably selected by the City that is able to demonstrate that the applicant's use will not interfere with
any existing communications facilities.
1325.10 Temporary Buildings
Subd. 1 Dwellings. No garage, tent, trailer, vehicle or accessory building shall at any time be used as a dwelling except mobile
homes located in an approved mobile home park, and except for structures receiving a temporary permit from the Council. The
Council may, in its discretion, grant a temporary permit for the use of the foregoing, structures as dwellings for a period not to
exceed ninety (90) days when an emergency or hardship situation exists.
In addition to the foregoing, the Council, may if in its discretion it determines an emergency or hardship situation exists, grant a
temporary permit for the use as a residence of a basement under a finished single family residence where the basement is made
suitable and safe for said residential purpose and occupancy is approved by the Building Inspector.
Subd. 2 Public, Semi -Public and Business Buildings. No portable structures, manufactured housing units, mobile homes, air -
supported structures, tents or trailers shall be used as classrooms, offices or any other type of public, semi-public or business use
unless such structures are accessory to permanent principal buildings on the site and unless a temporary permit is reviewed by the
Planning Commission and approved by the Council. Mobile public libraries, blood mobiles, traveling exhibits, and on -site
construction offices are exempt from this provision, however, construction offices shall receive a temporary structure permit in
conjunction with the building permit for the principal building requiring the construction office. The City Council may determine that
a time limitation for a permit for such a temporary building is necessary to assure that the applicant pursues a permanent solution
to the situation that required a temporary building.
1325.12 Recreational Vehicle, Utility Trailer, Riding Lawn Mower, and Watercraft Outdoor Storage.
(adopted 2/7/08)
The unregulated outside parking and outside storage of recreational vehicles, utility trailers, riding lawn mowers, and watercraft
within a residential use district is found to create a nuisance, hazard and detrimental influence upon the public health, safety and
general welfare of the community by obstructing the view on streets and on private property, bringing noise and odors into
residential areas, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets for residential
parking, reducing the useable open space of streets and private property and otherwise adversely affecting residential property
values and neighborhood maintenance and improvement.
Subd. 1 General Regulations for Recreational Vehicles (RVs), Utility Trailers, Riding Lawn Mowers, and Watercraft in All
Districts.
A. Storage in an Enclosed Structure. RVs, utility trailers, riding lawn mowers, and watercraft of any height or length may be
kept within an enclosed structure provided the structure conforms to the underlying zoning requirements of the district.
B. Attachment to Ground Not Permitted. RVs, utility trailers, riding lawn mowers, and watercraft shall not be permanently
affixed to the ground in a manner that would prevent removal. RVs and watercraft not permitted to be operated on public streets
shall be placed on or in a trailer or motor vehicle.
C. Use. RVs, utility trailers, and watercraft shall not be used for temporary or permanent living, sleeping or housekeeping
purposes. RVs and watercraft shall not be connected to sewer, water, or other utilities, unless otherwise permitted in Section
1325.12 Subd. 3B.
D. Condition While Stored. RVs, utility trailers, riding lawn mowers, and watercraft shall be stored or parked in a secure, safe,
orderly, and well -maintained condition that does not inhibit emergency vehicle access to any property. All RVs, utility trailers, riding
lawn mowers, and watercraft shall be currently licensed, if applicable, and be operable at all times.
E. Ownership. RVs, utility trailers, riding lawn mowers, and watercraft shall be owned by the owner or occupant of the
property on which they are stored.
F. RVs, utility trailers, riding lawn mowers, and watercraft shall not be permitted on a vacant lot unless in conformance with
Section 1325.11.
Subd. 2 Permitted RV, Utility Trailer, Riding Lawn Mower, and Watercraft Storage. Storing RVs, utility trailers, riding lawn
mowers, and watercraft outdoors is permitted in all residential districts provided that all of the following provisions are met:
A. No more than three (3) RVs, utility trailers, riding lawn mowers, or watercraft are permitted. Not more than one (1) of the
three (3) may be a motor home, travel trailer, camper, or other similar type of RV. RVs and watercraft on a trailer shall be
considered as one.
B. RVs, utility trailers, riding lawn mowers, and watercraft shall not be greater than twenty-eight (28) feet in length or twelve
(12) feet in height.
C. One (1) motor home, travel trailer, camper, or other similar type of RV that is greater than twenty-eight (28) feet, but not
larger than thirty-four (34) feet, in length is permitted in the rear yard provided that all of the following criteria are met:
1. The RV meets the requirements of Section 1325.12 Subd. 2, D, E, and F.
2. The rear yard is fully enclosed by a six foot privacy fence or is substantially screened from adjacent properties as
determined by the Zoning Administrator; which may include fencing, vegetation, or both.
D. RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored within the principal structure side yard setback
as required in the underlying zone, and shall be at least ten (10) feet from the rear property line. If both side and rear yards are
available for storage, then the location with the least visibility from streets and neighboring property, as determined by the Zoning
Administrator, shall be used for such storage.
E. RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored closer to the street than the principal structure or
attached garage on the lot where they are stored.
F. RVs, utility trailers, riding lawn mowers, and watercraft shall not be stored closer to the principal building of an adjoining lot
than to the principal building on the lot where they are stored.
G. RVs, utility trailers, riding lawn mowers, and watercraft located in the side yard and visible from the public right-of-way
shall be screened with a six foot privacy fence or landscaping of similar opacity as determined by the Zoning Administrator, unless
they are kept on an improved hard surface.
H. Alternative locations for storing a RV, utility trailer, riding lawn mower, or watercraft may be determined by the Zoning
Administrator with an administrative permit for one (1) RV, utility trailer, or watercraft, when topographic conditions or lot
configuration do not allow for the normal location regulations to be met and all of the following criteria are met:
1. It is at least three feet from the side or rear property line;
2. It shall not be stored forward of the principal structure, except as otherwise provided for in Section 1325.12, Subd. 3.
Graphic Storage Location Summary for Subd. 2.
to to
Rear Yard
Rear 'ac
• Pnnopal :SNCIIIre
aide 'rrt cettazk Side
R-1 10 feet 2 Yard Side Yard
yard 4D.
R-2 5 feet
R-3 5 feet
From Yana Front Yard
40' "I,Properry Line
Street Curb
Pe—nided RV. Utt fy Tracer Ridng Lawn
MOW- and Watemra t Storage
Subd. 3 Short -Term RV, Utility Trailer, Riding Lawn Mower, and Watercraft Parking in Residential Districts
A. Short -Term Parking without Permit. Licensed and operable RVs, utility trailers, riding lawn mowers, and watercraft of any
length or height may be parked in driveways for the sole expressed purpose of loading, unloading, and cleaning for a period not to
exceed seventy-two (72) hours, provided that they are not within five (5) feet of the curb or, if there is no curb, the edge of the road
driving surface, and do not encroach upon a pedestrian walkway.
B. Short -Term Parking with Permit. Administrative permits for a period of up to seven (7) days, renewable once during a twelve
(12) month period, may be obtained from the Zoning Administrator that would permit a licensed and operable RV, utility trailer,
riding lawn mower, or watercraft to park in the driveway, provided it is not within five (5) feet of the curb or, if there is no curb, the
edge of the road driving surface, and does not encroach upon a pedestrian walkway. This permit would allow a motor home or
other similar vehicle to be connected to water and electricity.
Subd. 4 Riparian Residential Lots.
A. In addition to RV, utility trailer, riding lawn mower, and watercraft storage permitted by Section 1325.12 Subd. 2, the owner or
occupant of a riparian lot is permitted to store two (2) additional watercraft.
B. RVs, riding lawn mowers, and utility trailers shall not be stored within fifty (50) feet of the shoreline.
C. Watercraft shall not be stored within ten (10) feet of the shoreline.
Graphic Storage Location Summary for Subd. 4.
Ordinary Hlgh Water Mark
Curb --�
Street
icture
aback
Permitted RV, Utility Trailer, Riding Lawn Mower,
and Watercraft Storage
Permitted Watercraft Storage
Section 1330 - Shoreland Regulations
1330.01 General Provisions.
Subd. 1 Intent. The uncontrolled use of shorelands within the City of Arden Hills affects the public health, safety and general
welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best
interest of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature
of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use, and development of the
shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural
environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility
shall hereby be recognized by the City of Arden Hills.
Subd. 2 Purpose. To achieve the policies described in the City's Comprehensive Plan and State and Federal policies and
statutes, the City intends to determine, control and guide future development within and surrounding those land areas which are
contiguous to designated bodies of public water and areas of as herein defined and regulated. Specifically, the City of Arden Hills
Purports to:
A. Regulate the placement of sanitary and storm water disposal facilities on lots;
B. Regulate the area of a lot, the length of water frontage suitable for a building site, and setbacks;
C. Regulate alteration of the shorelands and wetlands of public waters;
D. Control natural environment areas of ecological value to maintain existing aquatic, vegetation, and wildlife conditions to the
maximum extent possible;
E. Promote the use of native vegetation as a means to increase stormwater infiltration, provide natural view sheds, and screen
structures and parking areas as viewed from public waters.
1. Statutory Authorization. This Section is adopted pursuant to the authorization contained in furtherance of the policies
declared in Minnesota Statutes Chapters 105 and 462 and Minnesota Regulations Parts 6120.2500-6120.3900.
2. Abrogation and Greater Restrictions. It shall not be intended by this Section to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section
shall prevail.
3. Jurisdiction. This Section shall apply to all lands located within the boundaries of the shoreland.
1330.02 Shoreland Management Districts and Uses.
Subd. 1 Classification of Lakes. In order to guide the wise development and utilization of shorelands of protected waters for the
preservation of water quality, natural characteristics, economic values and general health, safety and welfare, certain protected
waters in the City have been given a shoreland management classification. These protected waters of the City have been
classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory
Map for Ramsey County, Minnesota.
DNR I.D. No.
General Development Lakes:
Josephine
62-57
Johanna
62-78
Karth
62-72
Little Johanna
62-58
Recreational Development Lakes:
Round Lake
62-70
Natural Environmental Lakes:
Sunfish
62-65
Valentine
62-71
Subd. 2 Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the Shoreland Management
Districts are hereby continued as shown on the map entitled "Official Zoning Map of Arden Hills, Minnesota," which map shall be
properly approved and filed in the office of the City Administrator. The shoreland management districts overlay existing zoning
districts of the City also shown on the official zoning map pursuant to this Code and the City of Arden Hills Zoning Code. As
indicated in this Section, certain portions of the shorelands in the shoreland management districts are classified general
development, recreational development, or natural environment lakes. The map and all of the notations, references and other
information shown thereon shall have the same force and effect as if set forth in this Section at length.
Subd. 3 Boundaries of Shoreland Management Districts. The boundaries of the shoreland management districts shall be
determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the
boundaries of a shoreland management district shown on the official zoning map, for example where there appears to be a conflict
between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon
topographic elevations and other available technical data. Persons contesting the location of the shoreland management district
boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence.
1330.03 General Provisions.
(revised 6/28/21)
Subd. 1 District Requirements. The following standards shall apply to all shorelands of the protected waters listed in this
Section. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than
those set forth in this Section, then the more restrictive standards shall apply:
Natural
Environmental
Waters
Recreational
Development
Waters
General Development
Waters
Lot Area (square feet):
40,000
20,000
14,000
Riparian Lot
14,000 (for District R-1)
Lot Area (square feet): Non-
14,000
14,000
11,000 (for Districts R-2,
Riparian Lot
R-3, R-4)
Minimum Water Frontage
and Width at Building Line
125
75
75
(feet)
Structure Minimum Setback
from Ordinary High Water
150*
75*
50*
Level (feet)
40 for Districts R-1, R-2, R-3, R-4
Structure Minimum Setbacks
from Streets and Highways
50 for Districts B-1, B-2, 1-2
(feet)
55 for District I-1
35 for District R-1, R-2, R-3, R-4, B-1, B-2, 1-1
Structure Maximum Height
(feet)
45 for District 1-2
35 for District R-1, R-2, R-3, R-4
Maximum Lot Area Covered
65 for District 1-1
by Impervious Surface (%)
75 for District B-1, B-2, 1-2
*See Section 1330.03, Subd. 4 for Exceptions to the Structure Setback Requirement
Subd. 2 Roads and Parking Areas. Roads and parking areas shall be located to retard the runoff of surface waters and nutrients
in accordance with the following criteria:
A. All roads and parking areas shall meet the setback requirements established for structures of this Section.
B. Natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water.
Subd. 3 Elevation of Lowest Floor.
A. Structures shall be placed at an elevation consistent with the City's flood plain management controls as set forth in Section
1335 of this Code.
B. In areas not regulated by flood plain management controls, the elevation to which the lowest floor, including basements,
shall be placed shall be determined as follows:
1. For lakes, ponds, and flowages, by (a) an elevation of available flood information and consistent with "Statewide
Standards and Criteria for Management of Flood Plain Areas of Minnesota," or (b) placing the lowest floor at a level at least three
(3) feet above the highest known water level. In those instances where sufficient data on known high water levels are not available,
the ordinary high water level shall be used.
2. For streams, by an evaluation of available flood information and consistent with "Statewide Standards and Criteria for
Management of Flood Plain Areas of Minnesota."
Subd. 4 Adjacent Lots. On any shoreland lot where the adjacent lots have existing dwellings that exceed the minimum setback
from the OHW level, the shoreline setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than
the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet subject to the following:
A. In no case shall the new structure or addition be within the minimum setback from the OWH level as stated in Section
1330.03 Subd 1.
B. In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure.
C. The minimum structure setback in Section 1330.03 Subd. 1 shall be used for the adjacent lot when calculating the setback
if an adjacent lot is:
1. Vacant;
2. Has a use other than single or two-family residential; or,
3. Has a dwelling unit that encroaches on the minimum structure setback.
Subd. 5 Exceptions to Structure Setback Requirements. No structure shall be placed within the structure setback requirements
of the shoreland management district. The following are not classified as structures for the purposes of this section:
A. Docks and Boatlifts. Setback requirements from the ordinary high water level shall not apply to docks and boatlifts.
Location of docks and boatlifts shall be controlled by applicable State and local regulations.
B. Stairways, access lifts, and landings. Setback requirements from the ordinary high water level shall not apply to stairways,
access lifts, or landings. Stairways and access lifts are the preferred alternative to major topographic alterations for achieving
access up and down bluffs and steep slopes to shore areas. Stairways, access lifts and landings located within the Shore Impact
Zone shall meet the following design standards:
1. Landings for stairways and lifts shall not exceed 40 square feet in area.
2. Canopies or roofs are not allowed on stairways, access lifts, docks, or landings.
C. Uncovered patios. At grade uncovered patios that have an underside surface that is entirely in contact with and wholly
supported by the ground may be placed within the structure setback requirements from the ordinary high water level but shall not
be placed within the Shore Impact Zone. Uncovered patios shall not be considered landscaped area when calculating lot coverage.
D. Fences. Chain link, or other types of fences with a transparency of at least 75 percent, may be placed within the structure
setback requirements from the ordinary high water level but shall not be placed within the Shore Impact Zone.
E. Lakeshore lots maybe permitted one (1) accessory storage shed within the required structure setback from the ordinary
high water level, provided that it complies with the following provisions:
1. The structure or facility is not located within the Shore Impact Zone.
2. The structure or facility does not exceed 100 square feet in size and eight (8) feet in height, measured to the highest point
of the structure.
3. The maximum width of the structure, as viewed from the water, does not exceed ten (10) feet.
4. The structure or facility is not designed or used for human habitation and does not contain a water supply or sewage
treatment facilities.
5. The structure or facility shall be constructed of material architecturally similar in design, texture, and color to the principal
structure on the lot; the design shall be reviewed by the City Planner prior to issuance of building permits.
6. The structure shall be screened a minimum of 50 percent by opaque vegetation or topography on the three walls seen
from the lake with ecologically suited landscaping landward of the ordinary high water level from the lake.
7. The roof shall not be used as a deck or storage area.
8. The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section
103G.245.
Subd. 6 Maintenance of shoreland. The shoreland shall be protected from adverse conditions affecting the public. Keeping the
shoreland in a natural state and the use of native vegetation is encouraged.
A. Up to ten (10) percent of the shoreline of a property may be utilized for docks, but no property shall be limited to less than
four feet of the shoreline for the utilization of a dock, subject to DNR regulations.
B. Docks shall be setback a minimum of five (5) feet from side property lines at the point of attachment to the shoreline. This
requirement may be adjusted by the Zoning Administrator in cases where topography or lot width significantly limits the placement
of docks.
C. Watercraft and other water equipment shall be stored in accordance with Section 1325.12, Recreational Vehicle, Utility
Trailer, Riding Lawn Mower, and Watercraft Outdoor Storage, and be kept in a neat and orderly manner.
D. Boatlifts, docks, watercraft, accessory structures, and any other equipment that is in a state of disrepair, inoperable, or
otherwise unusable shall not be stored outdoors.
E. Grading or otherwise removing natural cover from the Shore Impact Zone or cutting or filling which changes the natural
shoreline shall be prohibited without proper permits.
F. The accumulation of debris, the creation or maintenance of safety hazards, and similar activities shall be prohibited.
Subd. 7 Shoreland Alterations.
A. Removal of Vegetation. The removal of vegetation shall be restricted to prevent erosion into protected waters, to consume
nutrients in the soil, and to preserve shoreland aesthetics. Removal of vegetation in the shoreland management districts shall be
subject to the following provisions:
1. In Shore Impact Zones and on steep slopes, limited clearing of trees and shrubs for access to the shoreline, and cutting,
pruning, and trimming of trees is allowed provided that a minimum of seventy-five (75) percent of the Shore Impact Zone be left in
its natural state.
2. The minimal amount of vegetation shall be altered and sufficient vegetative cover shall remain to screen cars, dwellings
and other structures when viewed from public waters.
3. Except for the removal of invasive species, clear cutting of vegetation shall be prohibited.
4. Native vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff
and soil erosion.
5. All disturbed areas are restored to prevent soil erosion.
6. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose
safety hazards.
B. Grading and Filling. All land disturbance activity in the Shoreland Management District shall be subject to the provisions of
Chapter 15 of the City Code, Erosion and Sediment Control.
C. Shoreline Alterations. Any work which shall change or diminish the course, current or cross section of a protected water or
wetland, or shall alter the shoreline below the ordinary high water level, shall be subject to approval by the Commissioner of
Natural Resources, and the approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a
permit under the procedures of Minnesota Statutes.
D. Permeable Surface Credit. At the discretion of the Zoning Administrator, up to five percent of a lot's required landscaped
area, but not exceeding 700 square feet, may be covered with pervious hard surfaces subject to the approval of a Shoreland
Mitigation Plan.
E. Shoreland Mitigation. A shoreland mitigation plan must be submitted for residential development that requires land use
approval including, but not limited to, variances; conditional use permits; subdivisions; rezonings; or a permeable surface credit.
The plan shall be designed to mitigate the adverse effects land development has on water quality and the lake environment. The
mitigation plan shall be signed by the property owner, approved by the Zoning Administrator, and a Mitigation Affidavit recorded
with the Register of Deeds prior to the commencement of development activity. Furthermore, mitigation plans shall be completed
within one year of the plan's approval unless otherwise approved by the City. An escrow fee that shall be held for a minimum of two
years shall also be submitted. The mitigation plan shall include at a minimum two of the following practices:
1. Vegetation Restoration. Vegetation restoration areas may be established which at a minimum shall include land within
the shore and the bluff impact zones or steep slopes. Land area shall be restored from lawn, beach or other disturbances using
native or natural landscaping.
a) Steep Slope/Bluff Restoration. Steep slopes and bluffs that are vegetated with turf may be restored with deciduous and
ornamental trees, evergreens and shrubs that are native to the area.
b) Shoreline Buffer Restoration. A buffer zone of at least 25 feet from and parallel to the ordinary high water mark shall be
planted or restored and maintained with vegetation native to the area to fullest practicable extent possible with effective erosion
and sediment control. Existing natural beaches or beaches which have been permitted by the DNR shall be allowed to continue
and be maintained. A minimum of 30 percent of the lot's shoreline area shall be restored. This restoration area shall be contiguous
unless otherwise approved as part of the mitigation plan.
2. Architectural Mass. The use of natural color(s) and/or materials on the exterior of the structure shall be used to reduce
the visual impact. Natural colors are shades of brown, gray, and green. Natural materials include wood or stone that complement
the setting of the structure.
3. Removal of Nonconforming Structures. The mitigation plan may include the removal of structures that do not comply with
the required structure setbacks from the ordinary high water line or are located within a shore impact zone or bluff impact zone.
4. Reduction of Impervious Surface Coverage. The mitigation plan may include a minimum five percent reduction of the
existing impervious surface coverage. The preferable location of this reduction is within that portion of the lot that drains to the lake.
5. Other Practices. At the discretion of the Zoning Administrator, other restoration or protection activities may be approved
as part of a mitigation plan provided they meet the objectives of this ordinance. Examples include the removal of artificial sand
beaches, stormwater management and replacement of seawalls with bioengineering structures.
Subd. 8 Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of
flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewer access, or any other feature likely to be harmful to the health, safety, or
welfare of future residents of the proposed subdivision or of the community.
Subd. 9 Planned Unit Developments. Planned Unit Developments may be permitted in accordance with this Code and the City
of Arden Hills Zoning Code, provided that preliminary plans are approved by the Commissioner of Natural Resources prior to their
approval by the City, and further provided that:
A. Open space is preserved through the use of restrictive deed covenants, public dedications, or other methods.
B. The following factors shall be carefully evaluated to ensure the increased density of development shall be consistent with the
resource limitations of the protected water:
1. Suitability of the site for the proposed use;
2. Physical and aesthetic impact of increased density;
3. Level of current development;
4. Amount and ownership of undeveloped shoreland;
5. Levels and types of water surface use and public accesses;
6. Possible effects on overall public use.
1330.04 Notification of the Commissioner of Natural Resources.
Subd. 1 Variances. A copy of any request for a variance to the provisions of this Section or plats which propose any lots which
require variances to the lot area and dimensional requirements of this Section or the notice of a public hearing to consider a
conditional use permit or planned unit development permit shall be sent to the Commissioner of Natural Resources such that
notice shall be received by the commissioner at least ten (10) days prior to the hearing or action on the request.
Subd. 2 Amendments. A copy of all amendments to this Section and final decisions granting variances or conditional uses within
the shoreland management districts shall be sent to the Commissioner of Natural Resources within ten (10) days of the
amendment or final action.
Subd. 3 Plats. Copies of all plats within the shoreland management districts shall be submitted to the Commissioner of Natural
Resources within ten (10) days of final approval by the City.
Section 1335 - Flood Plains
1335.01 Statutory Authorization.
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility
to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Arden
Hills, Minnesota does ordain as follows:
1335.02 Findings of Fact.
Subd. 1 Hazards Exist. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of
life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
Subd. 2 Method Used to Analyze Flood Hazards. There regulations of this Section are based upon a reasonable method of
analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
Subd. 3 National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of
the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
1335.03 Statement of Purpose.
It shall be the purpose of this Section to promote the public health, safety, and general welfare and minimize those losses
described in Section 1335.02 Subd 1.
1335.04 Zoning Code.
The City of Arden Hill's Zoning Code is adopted by reference and made a part of this Section as if set out in full.
1335.05 Regulatory Flood Protection Elevation.
The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
1335.06 Lands to Which Regulations Apply.
These regulations of this Section shall apply to all lands within the City as shown on the Official Zoning Map and/or the
attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
1335.07 Establishment of Official Zoning Map.
The Official Zoning Map together with all materials attached thereto shall be adopted by reference and declared to be a part of
this Section as if set out here in full. The attached material shall include the Flood Insurance Study for Ramsey County, Minnesota
(All Jurisdictions) and Flood Insurance Rate Map panels therein numbered 27123C0004G, 27123C0005G, 27123C0010G,
27123CO012G, 27123CO016G and 27123C0020G, all dated June 4, 2010, and prepared by the Federal Emergency Management
Agency. The Official Zoning Map shall be on file in the Office of the City Administrator.
1335.08 Interpretation.
Subd. 1 Minimum Standards. In their interpretation and application, these regulations of this Section shall be held to be
minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any
other powers granted by State Statutes.
Subd. 2 Boundaries. The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map.
Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for
example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal
of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions shall be
based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City
adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the 100-year
floodplain if earlier, and other available technical data. Any person contesting the location of the district boundaries shall be given a
reasonable opportunity to present his or her case to the Board and to submit technical evidence.
1335.09 Abrogation and Greater Restrictions.
It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only.
1335.10 Warning and Disclaimer of Liability.
This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free
from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Arden Hills or any officer or
employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made
there under.
1335.11 Severability.
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Ordinance shall not be affected thereby.
1335.12 Annexations.
The Flood Insurance Rate Map panels adopted by reference into Section 1335.07 above may include floodplain areas that lie
outside of the corporate boundaries of the City of Arden Hills at the time of adoption of this Ordinance. If any of these floodplain
land areas are annexed into the City of Arden Hills after the date of adoption of this Ordinance, the newly annexed floodplain lands
shall be subject to the provisions of this Ordinance immediately upon the date of annexation into the City of Arden Hills.
1335.13 Establishment of Zoning Districts.
Subd. 1 Floodway District. The floodway District shall include those areas designated as floodway on the Flood Insurance Rate
Map adopted in this Section. For lakes, wetlands and other basins, the Floodway District shall include those areas designated as
Zone AE (that do not have a floodway designated) and Zone A on the Flood Insurance Rate Map panels adopted in this Section
that are below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
Subd. 2 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe, which shall
include the areas shown on the Flood Insurance Rate Map, adopted in this Section, as being within Zone AE but being located
outside of the floodway. For lakes, wetlands and other basins, the Flood Fringe District shall include those areas designated as
Zone AE (that do not have a floodway designated) and Zone A on the Flood Insurance Rate Map panels adopted in this Section
that are below the 1 % annual chance flood elevation (100-year flood elevation) but above the ordinary high water level as defined
in Minnesota Statutes, Section 103G.005, subdivision 14.
Subd. 3 General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A and Zone
AE (without a floodway designation) on the Flood Insurance Rate Map adopted in this Section, which are not subject to the criteria
in Subd 1 and Subd 2 above.
1335.14 Compliance with District Regulations.
No new structure or land shall be used and no structure shall be constructed, located, extended, converted, or structurally altered
without full compliance with the terms of this Section and other applicable regulation. Within the Floodway, Flood Fringe and
General Flood Plain Districts, all uses not listed as permitted uses or Conditional Uses shall be prohibited. In addition, a caution
shall be provided here that:
Subd. 1 New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles shall be
subject to the general provisions of this Zoning Code.
Subd. 2 Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Section;
and
Subd. 3 As -built elevations for elevated or flood proofed structures shall be certified by ground surveys and flood proofing
techniques shall be designed and certified by a registered professional engineer or architect as specified in the general provisions
of this Section.
1335.15 Floodway District.
Subd. 1 Permitted Uses.
A. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
B. Industrial -commercial loading areas, parking areas, and airport landing strips.
C. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.
D. Residential lawns, gardens, parking areas, and play areas.
Subd. 2 Standards for Floodway Permitted Uses.
A. The use shall have low flood damage potential.
B. The use shall be permissible in the underlying zoning district if one exists.
C. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions,
excavations or storage of material or equipment.
Subd. 3 Conditional Uses. Structures accessory to the uses listed as permitted uses, and the specific uses listed below:
A. Structures accessory to the uses listed in Section 1335.16.
B. Extraction and storage of sand, gravel, and other materials.
C. Marinas, boat rentals, docks, piers, wharfs, and water control structures.
D. Railroads, streets, bridges, utility transmission lines, and pipelines.
E. Storage yards for equipment, machinery or materials.
F. Placement of fill or construction fences.
G. Recreational vehicles either on individual lots of record or in existing or new subdivisions or condominium type
campgrounds, subject to the exemptions and provisions of this Section.
H. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent shall be to
protect individual structures and levees or dikes where the intent shall be to protect agricultural crops for a frequency flood event
equal to or less than the 10-year frequency flood event.
Subd. 4 Standards for Floodway Conditional Uses.
A. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the one hundred (100)
year or regional flood or cause an increase in flood damages in the reach or reaches affected
B. All floodway conditional uses shall be subject to the procedures and standards contained in this Section.
C. The conditional use shall be permissible in the underlying zoning district if one exists.
D. Fill.
1. Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by
vegetative cover, mulching, riprap or other acceptable method.
2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long term site
development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
3. As an alternative, and consistent with Paragraph 2 above, dredge spoil disposal and sand and gravel operations may
allow temporary, onsite storage of fill or other materials which would have caused an increase to the stages of the one hundred
(100) year or regional flood
but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon
the flood warning time available. The Conditional Use Permit shall be title registered with the property in the Office of the County
Recorder.
E. Accessory Structures.
1. Accessory structures shall not be designed for human habitation.
2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum
obstruction to the flow of flood waters.
a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining
structures.
3. Accessory structures shall be elevated or fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood
proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or
FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment,
does not exceed five hundred (500) square feet in size at its largest projections, and for a detached garage, the detached garage
shall be used solely for parking of vehicles and limited storage. All flood proofed accessory structures shall meet the following
additional standards:
a) The structure shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall
be designed to equalize hydrostatic flood forces on exterior walls; and
b) Any mechanical and utility equipment in a structure shall be elevated to or above the Regulatory Flood Protection
Elevation or properly flood proofed.
c) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the
outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject
to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than
one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
F. Storage of Materials and Equipment.
1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life shall be prohibited.
2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after
a flood warning and in accordance with a plan approved by the City Council.
G. Structural works for flood control that will change the course, current or cross section of protected wetlands or public
waters shall be subject to the provisions of Minnesota Statute, Section 103G. Community -wide structural works for flood control
intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.
H. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the
technical analysis shall assume equal conveyance or storage loss on both sides of a stream.
1335.16 Flood Fringe District.
Subd. 1 Permitted Uses. Permitted uses shall be those uses of land or structures listed as Permitted Uses in the underlying
zoning use district(s). If no preexisting, underlying zoning use districts exist, then any residential or non-residential structure or use
of a structure or land shall be a Permitted Use in the Flood Fringe District provided such use does not constitute a public nuisance.
All Permitted Uses shall comply with the standards for Flood Fringe 'Permitted Uses" listed in this Section and the "Standards for
all Flood Fringe Uses" listed in this Subsection.
Subd. 2 Standards for Flood Fringe Permitted Uses.
A. All structures, including accessory structures, shall be elevated on fill so that the lowest floor including any basement floor
is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot
below the Regulatory Flood Protection Elevation and the fill shall extend at an elevation of at least fifteen (15) feet beyond the
outside limits of the structure erected thereon.
B. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five
hundred (500) square feet at its largest projection for the outside dimension at ground level may be internally flood proofed in
accordance with this Section.
C. The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on
the parcel shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance
with this Section.
D. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.
Subd. 3 Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with this Section or any use of
land that does not comply with the standards in this Subsection shall only be allowable as a conditional use. An application for a
conditional use shall be subject to the standards and criteria and evaluation procedures specified in this Section.
Subd. 4 Standards for Flood Fringe Conditional Use
A. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the
Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or
above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be
considered above -grade and not a structure's basement or lowest floor if:
1. The enclosed area is above -grade on at least one side of the structure;
2. It is designed to internally flood and is constructed with flood resistant materials; and
3. It is used solely for parking of vehicles, building access or storage.
B. The above -noted alternative elevation methods shall be subject to the following additional standards:
1. Design and Certification. The structure's design and as -built condition shall be certified by a registered professional
engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be at or above the
Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these
components during times of flooding.
2. Specific Standards for Above -Grade, Enclosed Areas. Above grade, fully enclosed areas such as crawl spaces or tuck
under garages shall be designed to internally flood and the design plans shall stipulate:
a) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There
shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than
one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square
foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area
would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that
they permit the automatic entry and exit of flood waters without any form of human intervention; and
b) That the enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.
C. Basements, as defined by this Section, shall be subject to the following:
1. Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.
2. Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is
structurally dry flood proofed in accordance with this Section.
D. All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation
shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally
dry flood proofing shall meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making
the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 and
FP-4 classification shall not be permitted.
E. When at any one time more than one thousand (1,000) cubic yards of fill or other similar material is located on a parcel for
such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of
flood control works, an erosion/sedimentation control plan shall be submitted unless the community is enforcing a State -approved
shoreland management ordinance. In the absence of a State -approved shoreland ordinance, the plan shall clearly specify methods
to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan shall be
prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may
incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists.
F. Storage of Materials and Equipment.
1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life shall be prohibited.
2. Storage of other materials may be allowed if readily removable from the area within the time available after a flood
warning and in accordance with a plan approved by the City Council.
Subd. 5 Standards for All Flood Fringe Uses.
A. All new principal structures shall have vehicular access at or above an elevation not more than two (2) feet below the
Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment shall specify limitations
on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time
and local flood emergency response procedures exist.
B. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than
the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public
shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be
inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product
number exceeds four (4) upon occurrence of the regional flood.
C. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plans operations
especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at
lower elevations subject to requirements set out in Paragraph B above. In considering permit applications, due consideration shall
be given to needs of an industry whose business requires that it be located in flood plain areas.
D. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other
acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood
hazard areas designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. FEMA's
standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will
be requested.
E. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any
tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official
Zoning Map.
F. Standards for recreational vehicles are contained in Section 1325.12.
G. All manufactured homes shall be securely anchored to an adequately anchored foundation system that resists flotation,
collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame times
to ground anchor. This requirement shall be in addition to applicable state of local anchoring requirements for resisting wind forces.
1335.17 General Flood Plain District.
Subd. 1 Permitted Uses.
A. The uses listed as permitted uses for Floodway Districts, shall be permitted uses in a General Flood Plain District.
B. All other uses shall be subject to the 1 % annual chance flood (100-Year Flood Elevations) and/or Floodway and Flood
Fringe determinations criteria pursuant to Subd 2 below. Section 1335.25 shall apply if the proposed use is in the Floodway
District, and Section 1335.26 shall apply is the proposed use is in the Flood Fringe District.
Subd. 2 Procedures for 1 % annual chance (100-Year Flood Elevations) and/or Floodway and Flood Fringe determinations for
streams within the General Flood Plain District.
A. Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant
shall be required to furnish the following information as is deemed necessary by the City Administrator for the determination of the
Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District.
1. Atypical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the
channel, cross -sectional areas to be occupied by the proposed development, and high water information; and
2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size,
location, and spatial arrangement of all proposed and existing structures on the site, and location and elevations of streets.
3. Photographs showing existing land uses and vegetation upstream and downstream; and soil types; and
4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred (500) feet in
either direction from the proposed development.
B. The applicant shall be responsible to submit one (1) copy of the above information to a designated engineer or other expert
person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and
to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts
6120.5000-6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated
engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective
Department of Natural Resources' Area Hydrologist prior to commencing the analyst. The designated engineer or expert shall:
1. Estimate the peak discharge of the regional flood.
2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and
overbank areas.
3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot.
A lesser stage increase than 0.5 foot shall be required if, as a result of the additional State increase, increased flood damages
would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing
floodway boundaries.
C. The City Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City
Council. The City Council shall formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe
District boundary or deny the permit application. The City Council, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the
Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the City
Council shall refer the matter back to the City Administrator who shall process the permit application consistent with the applicable
provisions of this Section.
1335.18 Zone A Lakes.
Procedures for determining 1 % annual chance flood elevations (100-YR flood elevations) for lakes located in Zone A
Subd. 1 Upon receipt of an application for a permit or other approval within a Zone A, the Zoning Administrator will use the 1 %
annual chance flood elevation for that basin that has previously been determined in accordance with approved FEMA methods, if
available. If the 1 % annual chance flood elevation has not been previously determined, the applicant shall be required to furnish all
necessary information as deemed necessary by the Zoning Administrator for the determination for the 1 % annual chance flood
elevation in accordance with approved FEMA methods.
Subd. 2 The applicant shall be responsible to submit one copy of the above information to a designated engineer or other
expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe
District and to determine the 1 % annual chance flood elevation (100-year flood elevation). Procedures consistent with Minnesota
Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert
evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology
with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis.
Subd. 3 Once the 1 % annual chance flood elevation (100-year flood elevation) has been determined, the Zoning Administrator
shall process the permit application consistent with the applicable provisions of this Section.
1335.18 Subdivisions.
Subd. 1 Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water
supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the
Floodway District at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment
facilities that comply with the provisions of this Section and have road access both to the subdivision and to the individual building
sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads
shall be clearly labeled on all required subdivisions drawings and platting documents.
Subd. 2 Floodway/Flood Fringe Determinations in the General Flood Plain District. In the General Flood Plain District applicants
shall provide the information required to determine the one hundred (100) year flood elevation, the Floodway and Flood Fringe
District boundaries and the Regulatory Flood Protection Elevation for the subdivision site.
Subd. 3 Removal of Special Flood Hazard Area Designation. The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the
one hundred (100) year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection
standards for multi -structure or multi -lot developments. These FEMA standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be requested.
1335.19 Public Utilities, Railroads, Roads, and Bridges.
Subd. 1 All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain
shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation.
Subd. 2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with
this code. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of the
transportation facilities would result in danger to the public health or safety of where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
Subd. 3 On -Site Sewage Treatment and Water Supply Systems. Where public utilities are not provided:
A. On -site water supply systems shall be designated to minimize or eliminate infiltration of flood waters in the systems; and
B. New or replacement on -site sewage treatment systems shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment of
contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide
standards for on -site sewage treatment systems shall be determined to be in compliance with this Section.
1335.21 Manufactured Homes.
The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record
that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with
Section 5.0 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance
with Section 5.51, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning
emergency plan acceptable to the Governing Body.
Subd. 1 New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions
placed on subdivisions by this code.
Subd. 2 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation,
collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
1335.22 Recreational Vehicles.
Subd. 1 Exemption. Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the
areas listed in Section 9.32 below and further they meet the following criteria:
A. Have current licenses required for highway use.
B. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type
utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural
type additions attached to it.
C. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
Subd. 2 Areas Exempted For Placement of Recreational Vehicles:
A. Individual lots or parcels of record.
B. Existing commercial recreational vehicle parks or campgrounds.
C. Existing condominium type associations.
Subd. 3 Recreational vehicles exempted in this Section lose this exemption when development occurs on the parcel exceeding
$500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage
building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be
subject to the elevation/flood proofing requirements and the use of land restrictions specified in Sections 1335.4.0 and 5.0 of this
Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the
removal of the recreational vehicle to a flood free location should flooding occur.
Subd. 4 New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium
associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the
following:
A. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said
recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road
access to the site exists in accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the requirements
of this Section shall increase flood stages of the 100-year or regional flood.
B. All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a
conditional use if in accordance with the following provisions and the provisions of 10.4 of the Ordinance. The applicant must
submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared
by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the
evacuation, and shall demonstrate the provisions of Section 9.31 (a) and (b) of this Ordinance will be met. All attendant sewage
and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or
contaminated during times of flooding in accordance with Section 8.3 of this Ordinance.
1335.23 Administration.
The City Administrator or other official designated by the City Council shall administer and enforce this Section. If the City
Administrator finds a violation of the provisions of this Section the City Administrator shall notify the person responsible for the
violation in accordance with the procedures.
Subd. 1 Permit Required. A Permit issued by the City Administrator in conformity with the provisions of this Section shall be
secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any
building, structure, or portion thereof; prior to the construction of a dam, fence, or on -site septic system; prior to the change or
extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other
source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain.
Subd. 2 Application for Permit. Application for a Permit shall be made in duplicate to the City Administrator on forms furnished
by the City Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the
foregoing in relation to the stream channel.
Subd. 3 State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or
Variance, the City Administrator shall determine that the applicant has obtained all necessary State and Federal Permits.
Subd. 4 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or
permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or
enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating
that the use of the building or land conforms to the requirements of this Ordinance.
Subd. 5 Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning
compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and
applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other
use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a
violation of this Ordinance, and punishable as provided by this Section of this Ordinance.
Subd. 6 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered
architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the
provisions of this Section. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
Subd. 7 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor
(including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning
Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood
proofed.
Subd. 8 Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent
communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or
relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota
Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification
shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
Subd. 9 Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is
practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning
Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific
data.
1335.24 Board of Adjustment.
Subd. 1 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers
conferred on such Boards by State law.
Subd. 2 Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this
Ordinance.
Subd. 3 Variances. The City may authorize in specific cases such relief or variance from the terms of this section and code in
accordance with Section 1355. No variance shall have the effect of allowing in any district uses that are prohibited in that district,
permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards
lower than those required by State law. The following additional variance criteria of the Federal Emergency Management Agency
must be satisfied:
A. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
B. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that
failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
Subd. 4 Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this
Section. Applications shall be submitted to the City Administrator who shall forward the application to the City Council for
consideration.
Subd. 5 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the City Administrator, or an
application for a variance or conditional use permit, the Board shall fix a reasonable time for a hearing and give due notice to the
parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in advance so that the Commissioner shall receive at least ten (10) days notice of
the hearing.
Subd. 6 Decisions. The Board shall arrive at a decision on the appeal, variance, or conditional use permit in accordance with
Section 1355. In granting a variance or conditional use permit the City may prescribe appropriate conditions and safeguards, which
shall be in conformity with the purposes of this Section. Violations of such conditions and safeguards, when made a part of the
terms under which the variance or conditional use permit is granted, shall be punishable as described in Section 1335.36. A copy
of all decisions granting variances or conditional use permits shall be forwarded by mail to the Commission of Natural Resources
within ten (10) days of the action.
Subd. 7 Appeals. Appeals from any decision of the Board may be made, as specified in the City's Official Controls and also
Minnesota Statutes.
Subd. 8 Flood Insurance Notice. The City Administrator shall notify the applicant for a variance that:
A. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for
flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
B. Such construction below the 100-year or regional flood level increases risks to life and property. The notification shall be
maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification
for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National
Flood Insurance Program.
Subd. 9 Procedures to be Followed by the City Council in Passing on Conditional Use Permit Applications within all Flood Plain
Districts:
A. The applicant shall furnish the following information and additional information as deemed necessary by the City Council for
determining the suitability of the particular site for the proposed used:
1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed
structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream
channel.
2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
B. Transmit one copy of the information described above to a designated engineer or other expert person or agency for
technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
C. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific
flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
Subd. 10 Factors upon Which the Decision of the City Council shall be based. In passing upon conditional use applications, the
City Council shall consider all relevant factors specified in this Section, and:
A. The danger to life and property due to increased flood heights or velocities caused by encroachments.
B. The danger that materials maybe swept onto other lands or downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and
unsanitary conditions.
D. The susceptibility of the proposed facilities and its contents to flood damage and the effect of the damage on the individual
owner.
E. The importance of the services provided by the proposed facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the proposed use.
H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
J. The safety of access to the property in times of flood for ordinary and emergency vehicles.
K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
L. Any other factors which shall be relevant to the purposes of this Section.
Subd. 11 Time for Acting on Application. The City Council shall act on an application in the manner described above in
accordance with Section 1355.
Subd. 12 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of
this Section, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill
the purposes of this Section. The conditions may include, but shall not be limited to, the following:
A. Modifications of waste treatment and water supply facilities.
B. Limitations on period of use, occupancy, and operation.
C. Imposition of operational controls, sureties, and deed restrictions.
D. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective
measures.
E. Flood proofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a plan or
document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the
Regulatory Flood Protection Elevation and associated flood factors for the particular area.
1335.35 Non -Conforming Uses.
A structure or the use of a structure or premises which was lawful before the passage or amendment of this Code but which shall
not be in conformity with the provisions of this Section shall be subject to the following. Historic structures, as defined in Section
1305.04, Subd. 182, shall be subject to the provisions of Subds. 1 thru 5 of this Section
Subd. 1 No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.
Subd. 2 Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing
the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance
with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State
Building Code, except as further restricted in Subd 3 and Subd 5 below.
Subd. 3 The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not
exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural
alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or
labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure,
then the structure must meet the standards of Sections 1335.25 and 1335.26 of this Ordinance for new structures depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively.
Subd. 4 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall
conform to this Ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that
have been discontinued for a period of 12 months.
Subd. 5 If any nonconforming use or structure is substantially damaged, as defined in this Ordinance, it shall not be
reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or
new structures in Sections 1335.25, 1335.26, and 1335.27 will apply depending upon whether the use or structure is in the
Floodway, Flood Fringe or General Flood Plain District, respectively.
Subd. 6 If a substantial improvement occurs, as defined in this Ordinance, from any combination of a building addition to the
outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside
dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet
the requirements of Sections 1335.25 and 1335.26 of this Ordinance for new structures, depending upon whether the structure is
in the Floodway or Flood Fringe District, respectively.
1335.36 Enforcement and Penalties for Violation.
Subd. 1 Misdemeanor. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by state law.
Subd. 2 Other Remedies. Nothing contained shall prevent the City from taking any other lawful action as is necessary to
prevent or remedy any violation. Such actions may include but shall not be limited to:
A. In responding to a suspected Code violation, the City Administrator and City Council may utilize the full array of
enforcement actions available to it, including but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty
party. The City shall act in good faith to enforce these official controls and to correct Code violations to the extent possible so as
not to jeopardize its eligibility in the National Flood Insurance Program.
B. When a Code violation is either discovered by or brought to the attention of the City Administrator, the City Administrator
shall immediately investigate the violation of the official control. As soon as is reasonably possible, this information shall be
submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office
along with the City's plan of action to correct the violation to the degree possible.
C. The City Administrator shall notify the suspected party of the requirements of this Section and all other Official Controls and
the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development,
the City Administrator may order the construction or development immediately halted until a proper permit or approval is granted by
the City. If the construction or development is already completed, then the City Administrator may either:
1. Issue an order identifying the corrective actions that shall be made within a specified time period to bring the use of
structure into compliance with the official controls, or
2. Notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not
to exceed thirty (30) days.
D. If the responsible party does not appropriately respond to the City Administrator within the specified period of time, each
additional day that lapses shall constitute an additional violation of this Section and shall be prosecuted accordingly. The City
Administrator shall also upon the lapse of the specified response period notify the land owner to restore the land to the condition
which existed prior to the violation of this Section.
1335.37 Amendments.
Subd. 1 Designation Removal. The flood plain designation of the Official Zoning Map shall not be removed from flood plain
areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be
permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately
protected for the intended use.
Subd. 2 Agency Approval. All amendments to this Section, including amendments to the Official Zoning Map, shall be submitted
to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map shall meet the
Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall receive prior FEMA approval
before adoption. The Commissioner of Natural Resources shall be given ten (10) days written notice of all hearings to consider an
amendment to this Section and the notice shall include a draft of the Section amendment or technical study under consideration.
Section 1340 -Adult Uses
1340.01 Findings and Recitals.
Subd. 1 On March 9, 1998, the City Council enacted an interim ordinance (Ordinance #305) creating a moratorium on the
establishment of adult uses within the City and directing the City Staff to conduct a study to determine how best to regulate such
uses. The scope of the study was to include, but not be limited to, the following:
A. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses;
B. The density and concentration of adult uses; and,
C. The effect of adult uses on other uses in the surrounding area.
Subd. 2 Upon completion of the study, the matter was to be considered by the Planning Commission for its review and
recommendation to the City Council.
The study has been completed and the Planning Commission has reviewed the study and has passed its recommendation to the
City Council for review. The City Council has also reviewed the staffs study and duly considered the recommendation of the
Planning Commission.
The staffs study contained copies of certain reports specifically including a report which was prepared by the State Attorney
General entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6,
1989 (the "Report"). The Report considered evidence from studies conducted in Minneapolis, St. Paul, and many other cities
throughout the country relating to sexually oriented businesses. The City Staff, Planning Commission, and City Council have
reviewed the Report.
The Report, based upon the above referenced studies and the testimony and evidence it concluded, among other things,"... that
sexually oriented businesses are associated with high crime rates and depression of property values...." Prior to the issuance of
the Report, the State Attorney General's Working Group also heard testimony that " ... the character of a neighborhood can
dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Report
found and concluded that:
A. Adult uses have an impact on the neighborhoods surrounding them, which is distinct from the impact caused by other
commercial uses;
B. Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience
increase crime rates (sex -related crimes in particular), lowered property values, increased transiency, and decreased stability of
ownership;
C. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases;
D. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult
uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior;
E. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average five hundred (500) percent higher
in areas with sexually oriented businesses;
F. Many members of the public perceive areas within which adult uses are located as less than other areas which do not have
such uses;
G. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or
fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and
H. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would
have a negative effect on the value of both residential and commercial properties within a one to three block area of the store.
Subd. 3 The Arden Hills City Council finds the characteristics of Arden Hills are substantially similar to those of the cities cited
by the Report when considering the affects of adult uses.
The Arden Hills City Council finds, based upon the Report and the studies cited therein, that adult uses may have adverse
secondary effects upon certain pre-existing land uses within the City, and that the public health, safety, and general welfare will be
promoted if the City adopts regulations regarding adult uses.
The Arden Hills City Council finds that the adverse secondary effects tend to diminish if adult uses in the City are regulated by
locational and licensing requirements.
Subd. 4 It is not the intent of the City to prohibit adult uses from having a reasonable opportunity to locate within the City.
The City's current zoning ordinance does not address such adult uses, which have been found by other municipalities to cause
similar adverse secondary effects. Specifically, the City Council is concerned that the City's zoning ordinance may be inadequate in
its scope and in its restrictions to accomplish the purpose for which it was intended.
Subd. 5 In addition to the proper zoning classification of such uses, there are a number of significant planning and land use
issues pertaining to the regulation of such uses, including the following:
A. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses.
B. The concentration and density of such uses in the City and its neighborhoods.
C. The effect of such uses on other uses in the surrounding area.
1340.02 Definitions.
For the purposes of this Section, the following terms shall be defined as set forth below:
Subd. 1 Adult Establishment. Adult Establishment means:
A. Adult Patronage. Any business that is conducted exclusively for the patronage of adults and that excludes minors from
patronage, either by operation of law or by the owners of the business;
B. Receipts; Floor Area; Types of Merchandise. Any business that (i) derives twenty-five (25) percent or more of its gross
receipts during any calendar month from, or (ii) devotes twenty-five (25) percent or more of its floor area (not including storerooms,
stock areas, bathrooms, basements, or any portion of the business not open to the public) to, items, merchandise, devices or other
materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to
Specified Sexual Activities or Specified Anatomical Areas; or
C. Adult Usage. Any business that engages in any Adult Use.
Subd. 2 Adult Uses, Generally. "Adult Uses" are premises, enterprises, establishments, businesses or places open to some or
all members of the public at, or in which, there is an emphasis on the presentation, display, depiction or description of Specified
Sexual Activities or Specified Anatomical Areas which are capable of being seen, heard, or smelled by members of the public. Adult
Uses include, but are not limited to, the following:
A. Adult Body Painting Studio. An establishment or business which provides the service of applying paint or other substance,
whether transparent or non -transparent, to or on the body of a patron when such body is wholly or partially nude in terms of
"Specified Anatomical Areas."
B. Adult Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter
(specifically included, but not limited to, greeting cards), pictures, slides, records, audio tape, videotape or motion picture film if
such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any
minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on
the depiction or description of Specified Sexual Activities or Specified Anatomical Areas.
C. Adult Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or
portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized
by an emphasis on the presentation, display, depiction or description of Specified Sexual Activities or Specified Anatomical Areas.
D. Adult Companionship Establishment. A companionship establishment which excludes minors by reason of age, or which
provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical
Areas.
E. Adult Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the
service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
F. Adult Health/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas.
G. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from
patronage by reason of age and wherein material is presented which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas.
H. Adult Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, or which
provides the services of massage, if such service is distinguished or characterized by an emphasis on Specified Sexual Activities
or Specified Anatomical Areas.
I. Adult Motion Picture Theater. A building or portion of a building used for presenting material if such building or portion of a
building as a prevailing practice excludes minors by reason of age, or if such material is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons therein.
J. Adult Modeling Studio. A modeling studio which restricts minors by reason of age, or whose major business is the provision,
to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such
customers, or who engage in Specified Sexual Activities or display Specified Anatomical Areas while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
K. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug -operated or
electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image -
producing devices are maintained to show images to five or few persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on depicting or describing Specified Sexual Activities or Specified
Anatomical Areas.
L. Adult Novelty Business. An establishment or business engaged in the sale of novelty items which:
1. Restricts minors by reason of their age; or
2. Has as its principal activity the sale of devices and other products which:
a) Stimulate human genitals or devices which are designed to create sexual stimulation or excitement; or,
b) Are otherwise designed to stimulate or arouse sexual excitement in any manner whatsoever, specifically including, but
not limited to, items such as inflatable dolls or similar devices; or,
c) Is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas.
M. Adult Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used
for the purpose of pleasure, bathing, relaxation, or reducing utilizing steam or hot air as a cleaning, relaxing or reducing agent, if
the service provided by the sauna is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
N. Adult Steam Room/Bathhouse Facility. A building or portion of building used for providing a steam bath or heat bathing
room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing
agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam
room/bathhouse facility is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical
Areas.
Subd. 3 Specified Anatomical Areas. "Specified Anatomical Areas" are defined as follows:
A. Female. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s)
below a point immediately above the top of the areola; and,
B. Male. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Subd. 4 Specified Sexual Activities. "Specified Sexual Activities" are defined as follows:
A. General Sexually Oriented Acts. Actual or simulated:
1. Sexual intercourse;
2. Oral copulation;
3. Anal intercourse;
4. Oral -anal copulation;
5. Bestiality;
6. Direct physical stimulation of unclothed genitals;
7. Flagellation or torture in the context of a sexual relationship;
8. The use of excretory functions in the context of a sexual relationship; or,
9. Any of the following sexually -oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
B. Genitalia. Any clear depiction of human genitals in the state of sexual stimulation, arousal or tumescence; or
C. Certain Uses and Activities. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
D. Touching. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
E. Nature of Clothing, or Lack Thereof. Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering,
binding or other physical restraint of any such person; or
F. Animals. Erotic or lewd touching, fondling or other sexually -oriented contact with an animal by a human being; or
G. Irrigation. Human excretion, urination, menstruation, vaginal irrigation.
1340.03 Regulation.
Subd. 1 Location Restrictions. The restrictions set forth below shall apply to the location of Adult Establishments.
A. No Adult Establishment shall be operated or maintained except within the B4 zoning district pursuant to a conditional use
permit more fully described in Section 1355.04 Subd 3.; and
B. No Adult Establishment shall be operated or maintained within one thousand (1000) feet of any residential district.
The distance requirements provided for in this Section shall be measured as set forth in Section 1320 of the Zoning Ordinance.
Subd. 2 Sign Requirements. In addition to the requirements of Chapter 12: Sign Regulations all businesses regulated under this
chapter shall comply with the following sign requirements:
A. All signs shall be wall signs.
B. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any
area where they can be viewed from a public street or sidewalk in front of the building.
C. Window areas shall not be covered or made opaque in any way.
D. No sign shall be placed in any window.
E. A one (1) square foot sign shall be placed on the door of the establishment to state hours of operation and admittance is
limited to adults only.
F. Where any provisions of this section conflict with Sign Regulations, the provision that is more stringent shall be applied.
Subd. 3 Physical Layout of Business. Any Adult Establishment having available for customers, patrons or members, a booth,
room or cubicle for the private viewing of any Specified Anatomical Areas or Specified Sexual Activities must comply with the
following requirements:
A. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the Adult Establishment and
shall be unobstructed by any door, lock or other control type devices.
B. Every booth, room or cubicle shall meet the following construction requirements:
1. Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a
wall.
2. Have at least one side totally open to a public lighted aisle so there is an unobstructed view at all times of anyone
occupying the area.
3. All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light
colored, non -absorbent, smooth textured and easily cleanable.
4. The floor must be light colored, non -absorbent, smooth textured and easily cleanable.
5. The lighting level of each booth, room or cubicle when not in use shall be a minimum of ten (10) foot candles at all times,
as measured from the floor.
C. Only one (1) individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall
engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface
any portion of the booth.
Subd. 4 License Required; Number of Licenses Available.
A. From and after the effective date of this Code no Adult Establishment shall be operated or maintained in the City of Arden
Hills without first obtaining a license to operate issued by the City.
B. A license may be issued for only one Adult Establishment located at a fixed and certain place. Any person, partnership or
corporation which desires to operate more than one (1) Adult Establishment shall have a separate license for each such business.
C. No license or interest in a license may be transferred to any person, partnership, corporation, or other entity.
D. Only one (1) licensed adult establishment may be operated:
1. Within a single building; or,
2. Upon a single tax parcel.
E. No more than three (3) licenses for an Adult Establishment may be issued and active at any given time.
Subd. 5 Application for License.
A. Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk.
B. The application for a license shall be upon a form provided by the City.
C. An applicant shall furnish the following information:
1. Names, addresses and dates of birth of applicant and spouse if any.
2. Written proof that the applicant is at least eighteen years of age.
3. Address of the Adult Establishment to be operated by the applicant.
4. The name of the City, County and State, if any, where the applicant previously operated an Adult Establishment.
5. Whether the applicant has ever been convicted of a felony involving sexual conduct, the use or distribution of controlled
substances or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the
offense or offenses occurred. The applicant may attach any explanation he or she deems appropriate.
6. If the applicant is a corporation (partnership/LLC/trust or other business entity which is not a natural person), the name of
the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all
share holders owning more than five (5) percent of the stock in said corporation and all officers and directors of the corporation.
D. Within sixty (60) days of receiving a completed application for a license, the City Clerk shall submit the application to the
City Council for approval or denial.
E. Failure or refusal of the applicant to give any information relative to the investigation of the application shall constitute
grounds for denial of the license.
Subd. 6 Standards for Issuing Licenses.
A. To receive a license to operate an Adult Establishment, an applicant must meet the following standards:
1. The applicant must be eighteen (18) years of age or older.
2. The applicant or his or her spouse has not been denied a similar license by any other city, county or state within the
preceding twelve months or has not had such a license revoked or suspended within the preceding twelve months.
3. All current real estate taxes have been paid on the licensed premises.
4. The licensed premise meets all the provisions of this Section as well as all building and fire codes.
5. The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other
crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or
distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the
applicant.
6. All license and investigation fees required by this Chapter have been paid.
B. For the purposes of this section the term "applicant' shall include an individual, all persons having a financial interest in a
partnership or joint venture, and, in the case of a corporation (partnership/LLC/trust or other business entity which is not a natural
person), all officers, directors and stockholders required to be named in the application.
C. All police, fire and building code investigations shall be completed within twenty-one (21) days after the date the completed
application is filed with the City Clerk. Upon a showing of good cause and reasonable diligence on the part of an investigator, the
City Council may extend the investigation period for a reasonable time. Any investigation not completed within the allotted time
period shall be deemed to be waived.
Subd. 7 License Fees.
A. The annual license fee to operate an Adult Establishment shall be determined by the City Council by resolution.
B. In addition to the annual license fee, an investigation fee in an amount determined by the City Council by resolution shall
be paid at the time of the initial license application.
C. All appropriate fees shall be submitted along with the application for a new or renewal license.
D. If an application is denied, the license fee, but not the investigation fee shall be refunded to the applicant.
Subd. 8 Display of License. The license shall be displayed in a conspicuous public place in the Adult Establishment.
Subd. 9 Renewal of License.
A. Every license issued pursuant to this chapter shall expire at 12:00 midnight on December 31 st of each year unless sooner
revoked by the City Council, and must be renewed before operation is allowed in the following year.
B. Applications for renewal must be submitted with the annual license fee to the City Clerk not later than sixty (60) days before
the license expires.
C. Renewal of a license maybe issued by the City Clerk unless the Clerk finds cause for not renewing the license in which
case the Clerk shall submit the renewal application to the City Council prior to the expiration of the license.
D. No license for which application for renewal has been timely made shall be deemed to expire until the City Council has
rendered its decision not to renew a license. No application for renewal of a license may be denied by the City Council until after
the applicant has received ten (ten) days written notice of a public hearing before the Council. The applicant may appear with or
without counsel at that public meeting and may present such evidence and witnesses, as he or she deems appropriate.
Subd. 10 Revocation of License.
A. The City Council shall revoke a license for any of the following reasons:
1. Discovery that false or misleading information or data was given on any initial or renewal application or material facts was
omitted from any such application.
2. The operator or an employee of the operator violates any provisions of this Section or any rule or regulation adopted by
the Council pursuant to this Section, provided, however, that in the case of a first offense by an operator where the conduct was
solely that of an employee the penalty shall not exceed a suspension of thirty days if the Council finds that the operator had no
actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or
constructive knowledge.
3. The operator becomes ineligible to obtain a license.
4. Any cost or fee required to be paid by this Code is not paid.
5. Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the Adult Establishment.
B. The Council, before revoking or suspending any license, shall give the operator ten (10) days written notice of the charges
against him or her, and an opportunity for a public hearing before the Council at which time the operator may appear with or
without counsel and may present such evidence and witnesses as he or she deems appropriate.
C. The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
D. Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No
location or premises for which a license has been issued shall be used as an Adult Establishment for six (6) months from the date
of revocation of the license.
Subd. 11 Responsibilities of Operator.
A. Every act or omission by an employee constituting a violation of the provisions of this Chapter shall be deemed the act or
omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a
result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or
omission in the same manner as if the operator committed the act or caused the omission.
B. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or
omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.
C. No employee of an Adult Establishment shall allow any minor to loiter around or to frequent the Adult Establishment or to
allow any minor to view Specified Anatomical Areas or Specified Sexual Activity at the Adult Establishment.
D. The operator shall maintain the premises in a clean and sanitary manner at all times.
E. The operator shall maintain at least ten -foot candles of light in the public portions of the establishment, including aisles, at
all times. However, if a lessor level of illumination in the aisles shall be necessary to enable a patron to view the adult
entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles,
provided, however, at no time shall there be less than one (1) foot candle of illumination in said aisles as measured from the floor.
F. All business transactions shall occur within the licensed building.
G. No employee shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a
sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or distribution
of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee.
H. The operator shall ensure compliance of the establishment and its patrons with the provisions of this Chapter.
Subd. 12 Exclusions. All public and private schools located within the City of Arden Hills are exempt from obtaining a license
hereunder when instructing pupils in sex education as part of its curriculum.
Subd. 13 No Minors. No person under the age of eighteen (18) shall be permitted to be present in an Adult Establishment.
Subd. 14 Hours of Operation. The hours of operation for any business licensed under this Chapter shall be between 9:00 AM to
midnight.
Subd.15 Penalties
A. Any individual, partnership or corporation (partners h i p/LLC/trust or other business entity which is not a natural person) who
is found to have violated the provisions of this Chapter shall be guilty of a misdemeanor and shall also be subject to revocation of
any license.
B. Each violation of this Code shall be considered a separate offense and any violation continuing more than one day shall be
considered a separate offense.
Subd. 16 Enforcement. Members of the law enforcement agency providing service to the City, the Fire Marshal, or designee,
the Building Official or designee and the Zoning Administrator or designee, shall have authority to enter any Adult Establishment at
all reasonable times to inspect the premises for the purposes of enforcing this Chapter and all other applicable State laws, fire
codes and building codes.
1340.04 Prohibited Uses.
An Adult Use which is also classified as "obscene" by Minn. Stat. §617.241, Subd. 1A and/or as an "Adult Entertainment
Establishment" by Minn. Stat. §617.242, Subd. 1 is prohibited in the City of Arden Hills.
1340.05 Means of Enforcement.
The City may enforce any provision of this Section by mandamus, injunction, or any other appropriate civil remedy in any court of
competent jurisdiction. This Section may also be enforced by appropriate criminal prosecution.
1340.06 Separability.
Every section, provision, or part of this Section is declared separable from every other section, provision, or part of this Section. If
any section, provision, or part of this Section is adjudged to be invalid by a Court of competent jurisdiction, such judgment shall not
invalidate any other section, provision, or part of this Section.
Section 1345 - Conditional Uses
1345.01 Purpose and Intent.
It is recognized that certain uses, although generally compatible with the basic use classification of a particular zoning district,
should not be permitted generally and as a matter of right to be located in every area included within the zoning district because of
hazards inherent in the use itself or special problems which its proposed location may present. Such a use of a particular site may,
nevertheless, be conditionally permitted by means of a conditional use permit, granted by the Council, after the procedures set
forth in this Code and the City's Policy Manual on Land Use Procedures have been complied with, and the Council, on the basis of
the guidelines and criteria set forth in Chapter 1355.04 Subd 3, has determined that the facts and circumstances of the particular
case warrant granting the permit. The permit shall be granted solely for the proposed use of a particular site, not for a particular
person or firm. Uses for which Conditional Use Permits may be issued are classified either as Conditional Accessory Uses or
Conditional Principal Uses and are found in Section 1320 along with the zoning districts in which they may be located.
1345.02 General Criteria.
In determining whether to grant a conditional use permit for the proposed principal or accessory use of a particular site, the
planning commission and council shall follow the procedure as set forth in Appendix A, Procedure Manual, and in Section 1355 of
this ordinance.
1345.03 Changes in Conditionally Permitted Use.
After the conditional use permit has been granted, the use conditionally permitted thereunder shall be established, conducted
and maintained in conformity with the terms thereof, including all conditions set forth therein. Any structural alteration, enlargement
or intensification thereof, or similar change not specifically permitted by the permit, shall require an amended permit and all
procedures shall apply as if a new permit were being requested; provided, however, that when such changes are deemed to be
insignificant by the zoning administrator, the requirements of a public hearing may be waived.
1345.04 Comprehensive Plan and Zoning Map Consistency.
In the granting of conditional use permits for medium- and high -density residential uses and business or industrial uses the
council shall first find that the proposed development is in compliance with the adopted comprehensive development plan and the
Zoning Map for Arden Hills, both in terms of the various policy statements and the site location set forth therein. If such proposal is
not in compliance with the comprehensive development plan and zoning map, a comprehensive plan amendment and zoning map
amendment application must accompany the application for a conditional use permit.
Section 1350 - Nonconforming Uses, Buildings, and Lots
1350.01 Intent.
Subd. 1 Nonconforming Use of Land or Buildings. A nonconforming use of land or buildings may be continued subject to the
provisions of this Section, but it is the intent of this Code not to encourage its survival because of its incompatibility with permitted
uses in the zoning district in which it is located.
Subd. 2 Nonconforming Buildings. A building found to be non -conforming because of height, setbacks or lot area, may continue
to exist so long as it is used for purposes permitted in the zoning district in which it is located and is in conformance with Section
1350.02.
1350.02 Continuation of Nonconforming Uses and Buildings.
Any nonconformity, including the lawful use or occupation of land or premises shall not be expanded but may be continued,
including through repair, replacement, restoration, maintenance, or improvement, unless:
Subd. 1 The nonconforming use or occupancy is discontinued or ceases to exist for any reason for a one-year period. The
building or structure constituting or containing the nonconforming use, or the land upon which the nonconforming use is being
conducted, shall thereafter be used in conformance with the regulations of this Code applicable to the zoning district in which it is
located.
Subd. 2 The nonconforming use or occupancy is destroyed by fire or other peril to the extent of greater than fifty (50) percent of
its market value on the date immediately prior to the date on which such damage or destruction occurred as determined by the
Building Official, and no building permit has been applied for within one hundred and eighty (180) days of when the property is
damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created
impact on adjacent property.
1350.03 Prohibited Activities: Nonconforming Use.
Nonconforming uses shall not be changed to a different nonconforming use, enlarged, intensified, increased, extended to occupy
a greater area of the lot on which it is located, or moved to any other part of the lot or building on which it is located.
1350.04 Prohibited Activities: Nonconforming Building.
Nonconforming buildings shall not be increased, enlarged, altered, intensified, or extended to occupy a greater area or height on
the lot on which the building is located, or moved to any other part of the lot on which the building is located in a way that augments
its nonconformity.
1350.05 Unsafe Building or Structure.
Nothing in this Code shall be deemed to prevent the restoration to a safe condition of any building or structure, or portion thereof,
constituting or containing a nonconforming use, which has been declared unsafe by the building inspector or other administrative
officer.
1350.06 Construction Approved and Begun Prior To Effective Date.
To avoid hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any
building for which a building permit has been issued and the construction of which has begun prior to the effective date of this
Code or any amendment hereto.
Section 1355 -Administration and Procedures (revised 7/7/11)
1355.01 Procedure for Public Hearings.
Subd. 1 Actions Requiring Public Hearings. The following land use applications require that a public hearing be held prior to
action by the City Council:
A. Amendments to the Zoning Code regulations;
B. Rezoning of land from one district to another;
C. Conditional Use Permits for Conditional Principal or Conditional Accessory Uses;
D. Planned Unit Developments;
E. Comprehensive Plan Amendments;
F. Interim Use Permits.
Subd. 2 Actions Not Requiring Public Hearings. The following land use applications do not require a public hearing unless the
Zoning Administrator determines that adjoining property owners or other residents should be advised of a specific proposal:
A. Variances
B. Site Plan Reviews
Subd. 3 Notice of Public Hearing.
A. Published Notice. A notice of the time, place, and purpose of Public Hearing shall be published in the Official newspaper at
least ten (10) days prior to the day of the Hearing.
B. Mailed Notice. Rezoning of land, Conditional Use Permits, Interim Use Permits, and Planned Unit Developments, shall also
require mailed notice, at least ten (10) days before the day of hearing, to each owner of property situated wholly or partially within
three hundred fifty (350) feet of the boundary of the Property on which the application requiring the Public Hearing is situated. The
City Council shall be responsible for mailing the notices to the landowners.
C. Referral to Others. The administrator shall also refer copies of the application and required documentation in support
thereof to other City officials who have an interest therein in accordance with the required administrative distribution schedule.
D. Record of Notice. A copy of the notice and a list of the names and addresses to which the notice was sent shall be attested
to by the administrator and shall be made a part of the records of the proceedings.
E. Failure of Written Notice. The failure to give mailed notice to individual property owners shall not invalidate the proceeding,
provided a bona fide attempt has been made to comply with the notice requirements.
Subd. 4 Public Hearing by Planning Commission. The public hearing shall be held before the Planning Commission. The
applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or
give explanations regarding the proposal. The Planning Commission may adjourn the public hearing to its next meeting, either
regular or special, and may continue its study and consideration of the application at meetings subsequent to the meeting at which
the public hearing was initially held. Upon completion of the public hearing and its study and consideration of the application, the
Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the
application, to the City Council.
Subd. 5 Additional Hearings by City Council. The City Council may hold additional hearings Failure to receive a report from the
Planning Commission, as herein provided, shall not invalidate the proceedings or actions of the City Council.
Subd. 6 Action by City Council. The City Council must take action on the application in accordance with Section 1355.05 of this
Code. City Council action may include approval, denial, or referral back to the Planning Commission. City Council action may
include approval in whole or in part, tabling for a specified period of time, or referral back to the Planning Commission for its further
consideration and report to the Council within a specified period of time not to exceed the timeline contained in Minnesota Statutes
§15.99. The applicant shall be notified in writing of the City Council's action.
1355.02 Procedure for Actions Not Requiring Public Hearings.
Requests for Variances and Site Plan Reviews do not require a public hearing unless the Zoning Administrator determines that
adjoining property owners or other residents should be invited to the Planning Commission meeting to offer responses to the
application, prior to action by the City.
Subd. 1 Placing Request on Planning Commission Agenda. The Zoning Administrator shall place the request on the Planning
Commission Agenda.
Subd. 2 Referral to Others. The Zoning Administrator shall also refer copies of the application and required documentation in
support thereof to other City officials who have an interest therein in accordance with the required administrative distribution
schedule.
Subd. 3 Planning Commission Consideration. The applicant or its representative shall be given the opportunity to appear before
the Planning Commission to answer questions or give explanations regarding the proposal. The Planning Commission may
adjourn the discussion to its next meeting, either regular or special, and may continue its study and consideration of the application
at meetings subsequent to the meeting at which the initial discussion occurred. Upon completion of its study and consideration of
the application, the Planning Commission shall submit its written report, containing its finding, conclusions, and recommendations
to the City Council.
Subd. 4 City Council Consideration. The City Council shall consider the advice and recommendations of the Planning
Commission and may approve the application if it determines that the application complies with the city standards. Applications
may be denied by action of the City Council, and such action shall constitute a finding and determination that the conditions
required for approval do not exist.
Subd. 5 Action by City Council. The City Council must take action on the application in accordance with Section 1355.05 of this
Code. City Council action may include approval, denial, or referral back to the Planning Commission.
1355.03 Application Requirements for All Land Use Procedures.
Subd. 1 Application. The completed land use application shall be submitted to the Zoning Administrator.
Subd. 2 Documentation. Forms describing the required documentation for each land use application required herein are
included as Appendix A, Procedure Manual and are available from the Zoning Administrator.
Subd. 3 Action by City Council. The City Council shall review all land use applications in accordance with Section 1355.05 of
this Code.
1355.04 Procedural Requirements for Specific Applications.
Subd. 1 Zoning Code Amendment.
A. Public Hearing. A public hearing is required before action by the City Council.
B. Action to Approve. Three affirmative votes of the City Council are required for action to amend the text of the Zoning Code.
In the event an application for amendment is approved, an appropriate amending ordinance shall be executed and published.
Subd. 2 Rezonings/Comprehensive Plan.
A. Consistency with Comprehensive Plan. If a proposed rezoning is not consistent with the Arden Hills Comprehensive Plan,
the applicant shall apply for a Comprehensive Plan Amendment concurrently with the application for rezoning. Written and graphic
documentation shall be provided by the applicant, showing why the proposed amendment is superior to the existing Plan and
changes that have occurred that make the Amendment appropriate.
B. Public Hearing. A public hearing is required for a Comprehensive Plan Amendment and for the rezoning.
C. Action to Approve. Three affirmative votes of the City Council are required to rezone property from one district to another,
provided that the rezoning of property from residential use to an industrial use shall require approval by four affirmative votes of the
City Council. Comprehensive Plan Amendments shall require four affirmative votes of the City Council. In the event an application
for a rezoning is approved, an appropriate amending ordinance shall be executed and published. Rezoning amendments shall
describe the property rezoned by its legal description, and shall be indicated on the official zoning map, but it shall not be
necessary to re -publish said zoning map to effectuate the rezoning amendment.
D. Business and Industrial District Rezoning. Before any new area is rezoned to a business or industrial classification, the
property must be located adjacent to an arterial or collector road as shown on the Comprehensive Development Plan, or the
rezoning will be an extension of an existing business or industrial district and in conformance with the intent of the Comprehensive
Plan.
Subd. 3 Conditional Use Permits.
A. Public Hearing. A public hearing is required.
B. Action to Approve. Three affirmative votes of the City council are required to approve a conditional use permit and the
action of the City Council must include a determination that the facts and circumstances of the particular case warrant the granting
of the permit. The Council shall consider the factual findings, conclusions and recommendations of the Planning Commission, as
contained in its report, and both shall consider the effect of the proposed use upon the health, safety, convenience and general
welfare of the owners and occupants of surrounding land, in particular, and the community as a whole, in general, including but not
limited to the following factors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, smoke, dust, air
pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use
compatibility with uses and structures on surrounding land; adjoining land values; park dedications where applicable, and the
orderly development of the neighborhood and the city within the general purpose and intent of this Zoning Code and the
Comprehensive Plan for the City.
C. Imposition of Conditions. In the granting of a conditional use permit, the City Council may impose such conditions, in
addition to the general conditions and requirements of this Code to which every conditional use permit shall be subject, as it deems
necessary to serve and protect the health, safety, convenience and general welfare of the community. Such conditions may
include, among other things, a time limit within which the conditional use or a portion thereof, or improvements in connection
therewith are to be established, constructed, completed or commenced, and a requirement that the person or firm to whom the
conditional use permit has been granted deposit with the City either cash or a performance bond in a sum equal to one hundred
twenty five (125%) percent of the estimated cost, as determined by the City Engineer, of improvements to be constructed in
accordance with the permit to insure completion thereof within the time limit specified in the permit. The conditions so imposed by
the City Council shall be specifically stated in the permit and maybe subject to periodic review as determined by the City Council.
The violation of any special or general condition set forth in a conditional use permit shall constitute a violation of this Code.
D. Permit for Particular Site. A conditional use permit is granted for a specific use at a specific site, not for a person or firm.
E. Designated Uses. Uses for which conditional use permits are required and the zoning districts in which they are allowed
are designated in the land use chart as set forth in Section 1320 hereof. No building permit shall be issued for any use in a zoning
district which requires the issuance of a conditional use permit before it can be located in the particular district, until after the
conditional use permit has been granted by the City Council.
F. Discontinuance of a Conditional Use. If the use for which any conditional use permit has been granted has ceased or has
been discontinued for a period of ninety (90) consecutive days, the permit shall automatically expire and become void at the end of
such ninety (90) day period.
Subd.4 Variances.
A. Public Hearing. A public hearing is not required but neighboring property owners shall be notified.
B. Action to Approve. Three affirmative votes of the City Council are required to approve the granting of a variance.
C. Criteria for Review. The following criteria shall be applied to the City Council's review of a variance application:
1. Purpose and Intent. The variance request shall comply with the purpose and intent provisions of City's Zoning
Regulations and with the policies of the City's Comprehensive Plan.
2. Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the
provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means:
a) Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning
Ordinance.
b) Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the
landowner.
c) Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood.
3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty.
4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty.
5. Earth Sheltered Housing. Earth sheltered construction, as defined in Minnesota Statutes §216(C).06, Subd. 14, shall be
considered a practical difficulty if the property is otherwise in compliance with the Arden Hills Zoning Regulations.
6. Non Permitted Use. A variance shall not be granted if it would allow a use, which is not otherwise permitted in the zoning
district where the property is located.
7. Temporary Double Family. A variance maybe granted to allow temporary use of a one family dwelling as a two family
dwelling.
D. Conditions to Insure Compliance. The City Council may impose conditions in granting a variance. A condition must be
directly related to and must bear a rough proportionality to the impact created by the variance.
Subd. 5 Site Plan Review.
A. Public Hearing. A public hearing is not required but neighboring property owners shall be notified.
B. Action to Approve. Three affirmative votes of the City Council are required for approval of a site plan.
C. Building Permit. The issuance of a permit for a new building or significant site modification for a permitted or established use
within a Multiple Dwelling Zoning District or any business or industrial zoning district shall require site plan approval by the City
Council according to the procedure defined in Chapter 1355.04.
Subd. 6 Planned Unit Development (PUD).
A. . The PUD application and review procedure involves a Concept Plan (optional), a Master Plan Stage, and a Final Plan
Stage.
B. Public Hearing. A public hearing is required at the Master Plan Stage. The public hearing may be combined with the public
hearing for a zoning district change if a zoning district change is required and for a preliminary plat if a preliminary plat of the PUD
property is proposed.
C. Action to Approve. Four affirmative votes of the City Council are required for approval of the Master Plan.
D. Effect of Concept Plan Review. The applicant for a PUD Concept Plan, which has been reviewed by the City Council, has no
limitation on the period of time in which to apply for Master Plan approval.
E. Effect of PUD Master Plan Approval. The applicant for a PUD Master Plan which has been approved by the City Council
shall apply for a PUD Final Plan or the first stage of the Master Plan within six (6) months, unless some other phasing plan has
been approved by the City Council or unless a written request for a time extension has been approved by the City Council in
advance of the expiration date.
F. Final Plan. The applicant shall submit a Final Plan for all elements of the Master Plan that are to be developed imminently. A
PUD Final Plan shall be submitted for each stage of development/construction. Three affirmative votes of the City Council are
required to approve a Final Plan PUD.
G. Final Plan Procedure. The Site Plan Review process in Appendix A, Procedure Manual, and the Site Plan Review procedure
in Chapter 1355.04 Subd 5 shall be followed.
Subd. 7 Interim Use Permits.
A. Purpose and Intent. The purpose and intent of allowing interim uses is:
1. To allow a use that is presently acceptable, but that with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced by a permitted or conditional use allowed within the respective zoning district.
2. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the
Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the
architectural character and design standards of existing uses and development.
B. Public Hearing. A public hearing is required.
C. Action to Approve. Three affirmative votes of the City Council are required to approve an interim use permit, and the City
Council must include a determination that the facts and circumstances of the particular case warrant granting the permit.
D. Permit Evaluation. When reviewing the interim use permit application, the City Council shall consider the factual findings,
ability to meet the special requirements of the interim use, and the conclusions and recommendations of the Planning Commission.
An interim use permit may be granted only if the City Council finds the following:
1. The use is allowed as an interim use in the underlying zoning district and conforms to the zoning regulations;
2. Permission of the interim use will not impose additional costs on the public if it is necessary for the public to take the
property in the future;
3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare, or unsightliness, and will not
otherwise adversely impact the health, safety, and welfare of the community;
4. The use will not adversely impact traffic and parking;
5. The use will not adversely impact implementation of future amendment to the City's Comprehensive Plan;
6. The date or event that will terminate the use is identified with certainty;
7. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant, and/or user has no
entitlement to an extension of the Interim Use Permit;
8. The user agrees to all conditions that the City Council deems appropriate for permission of the use including the
requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon expiration
of the interim use permit;
9. There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel;
10. The term of the interim use does not exceed three (3) years;
11. The property has not been a recipient of a previous interim use permit. A property that has received an interim use
permit for an interim use listed in 1320.05, Land Use Chart, shall not be eligible for another interim use permit of the same use;
and,
12. Any special requirements in Section 1320 for a particular interim use are met.
E. Imposition of Conditions. In the granting of an interim use permit, the City Council may impose such conditions, in addition to
the general conditions and requirements of this Code to which every interim use permit shall be subject, as it deems necessary to
serve and protect the health, safety, convenience and general welfare of the community.
F. Permit for Particular Site. An interim use permit is granted for a specific use at a specific site, not for a person or firm.
G. Designated Uses. Uses for which an interim use permits are required and the zoning districts in which they are allowed are
designated in the land use chart as set forth in Section 1320 hereof. No building permit shall be issued for an interim use until after
the interim use permit has been granted by the City Council.
H. Termination. An interim use shall terminate on the occurrence of any of the following events, whichever occurs first:
1. The date stated on the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon change in the City's zoning regulations which renders the use nonconforming;
4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within
the underlying zoning district; and
5. If the use for which the interim use permit has been granted has ceased or has been discontinued for a period of ninety
(90) consecutive days, the permit shall automatically expire and become void at the end of such ninety -day period.
I. Suspension and Revocation. The City Council may suspend or revoke an interim use permit upon finding that the activities
allowed under the permit adversely affect the public health, safety, or welfare in ways not anticipated during approval of the permit.
A suspension or revocation of an interim use permit shall be preceded by written notice to the permittee and a hearing. The notice
shall provide at least ten (10) days notice of the time and place of the hearing and shall state the nature of the violation(s). The
notice shall be mailed to the permittee at the most recent address listed on the application.
1355.05 City Action on Applications for Comprehensive Plan Amendments, Zoning Code Amendments,
Rezoning, Conditional and Interim Use Permits, Planned Unit Developments, Site Plan Reviews, and
Variances.
Subd. 1 Finding of Complete Application. The Zoning Administrator shall find the application complete or incomplete within
fifteen (15) business days from the date the application is made. If the application is found to be incomplete, the administrator shall
notify the applicants in writing and state what information is missing. If the application is found to be complete, the date of submittal
shall mark the beginning of the review deadline.
Subd. 2 Action by the City Council. Within sixty (60) days following the date of submittal of a complete application, the City
Council shall act upon the application. The City Council may extend the sixty (60) day review timeline by an additional sixty (60)
days upon providing written notification to the applicant stating the reasons for the extension. The City Council, may only upon
written request by the applicant, extend its time for consideration and action beyond one hundred twenty (120) days. Nothing in this
paragraph shall prohibit the City Council from holding additional hearings as it deems necessary within the review period. In
considering applications for Comprehensive Plan amendments, Zoning Code amendments, rezoning, conditional and interim use
permits, planned unit developments, site plan reviews and variances, the City Council shall consider the advice and
recommendations of the Planning Commission and may grant the request if it determines that the action is permissible in
accordance with the applicable standards. Requests may be denied by motion of the City Council, and such motion shall constitute
a finding and determination that the conditions required for approval do not exist.
Subd. 3 Optional Actions. City Council action may include approval in whole or in part, denial in whole or in part, tabling for a
specified period of time, or referral back to the Planning Commission for its further consideration and report to the City Council
within a specified time period. The applicant shall be notified in writing of the City Council's action.
Subd. 4 Denial of Application. In the event the City Council denies in whole or in part the application, it shall furnish the
applicant with a written document advising him of the denial and specifying the factual basis and reasoning upon which the denial
was predicated. The application may be denied for reasons relating to public health, safety, and general welfare or because of
incompatibility between the proposed use and the City's Comprehensive Plan.
Subd. 5 Resubmission of Denied Application. No application, which has been denied wholly or in part, shall be resubmitted for a
period of six (6) months from the date of said order of denial.
1355.06 Conditions for Approval of Conditional Use Permits, Planned Unit Developments, Site Plans, and
Variances.
Subd. 1 Commencement and Conclusion of Work. It is contemplated that any work involved or required by an approved
application will be commenced within one (1) year after such approval and conclude within one year of the issuance of a building
permit or commencement of work if a building permit was not required. This requirement is not intended to limit the authority of the
City Council with respect to imposition of other or different time limitations if deemed proper in the particular case.
Subd. 2 Inspection. It shall be the responsibility of the administrator to check on these time limitations or any other limitations
contained in the approval and advise the City Council of any breach thereof. Breach of the limitations, whether contained herein or
specifically contained in the action itself, shall be grounds for canceling the approval.
Subd. 3 Expiration. Approval shall automatically expire and become void one (1) year from and after the date on which the City
Council granted such approval if the building permit or other approved improvements have not been issued a permit by the building
inspector. The City Council may extend the expiration date of such approval upon written application by the person to whom the
approval was granted. If the use for which any conditional or interim use permit has been granted has ceased or has been
discontinued for a period of ninety (90) consecutive days, the permit shall automatically expire and become void at the end of such
ninety (90)day period unless reinstated by the City Council.
Subd. 4 Amendments of Site Plans, Conditional Use Permits, Interim Use Permit, or Planned Unit Developments. An application
for amendment shall be administered in the same manner as required for a new application. Such applications shall include re -
applications for permits that have been denied, revoked, or have expired; renewal or temporary permits; requests for changes in
conditions; and such other instances as are provided in this Code. Any structural alteration, enlargement or intensification change
in site plan, or similar change not specially permitted, shall require City Council action and all procedures shall apply as if a new
application were being requested; provided, however, that when such changes are deemed to be insignificant by the zoning
administrator, the requirements of a public hearing may be waived.
Subd. 5 Periodic Review. A periodic review of the permit and its conditions shall be maintained. A violation of any condition set
forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. In the event that the Zoning
Administrator recommends to City Council or revoke a permit, the City Council shall cause written notice thereof to be given to the
occupier, and owner shall have an opportunity to be heard, but no further notice need be given.
Subd. 6 Administrative Records. The zoning administrator shall maintain a record of all approved, stamped and dated plans and
permits issued, including information on the use, location, conditions imposed, time limits, review dates, and such other information
as may be appropriate. Plans shall be signed by the City Council Liaison to the Planning Commission and the Planning
Commission Chairman. It shall be the responsibility of the administrator to place on the Planning Commission agenda and notify
the City Council of any expiring time limit, prior to expiration and/or violation of any approved applications.
1355.07 Appeals to Administrative Decisions.
Subd. 1 Appeals. The Planning Commission shall hear any appeals where it is alleged that there is an error in any order,
requirements, decision or determination made by an administrative officer in the interpretation, application, and/or enforcement of
this Code and shall report its findings and recommendations to the City Council for action.
Subd. 2 Effect of Determinations. The findings and determinations made by the Planning Commission shall be advisory only
and shall have no binding effect. The City Council shall take such action on the findings and recommendations of the Planning
Commission, as it deems proper in the circumstances.
Section 1360 - Special Provisions
1360.01 Mobile Home Parks.
In addition to the requirements set forth in this Zoning Code, mobile home parks are subject to the requirements contained in the
Arden Hills Code of Ordinances, Mobile Homes, and amendments thereto.
1360.02 Swimming Pools.
In addition to the requirements set forth in this Zoning Code, swimming pools are subject to the requirements contained in the
Arden Hills Code of Ordinances, and amendments thereto.
1360.03 Mining.
In addition to the requirements set forth in this Zoning Code, mining activities are subject to the requirements contained in the
Arden Hills Code of Ordinances, and amendments thereto.
1360.04 Soil Processing.
In addition to the requirements set forth in this Zoning Code, soil processing activities are subject to the requirements contained
in the Arden Hills Code of Ordinances, and amendments thereto.
1360.05 Land Reclamation.
In addition to the requirements set forth in this Zoning Code, land reclamation activities are subject to the requirements contained
in the Arden Hills Code of Ordinances, and amendments thereto.
1360.06 Signs.
In addition to the requirements set forth in this Zoning Code, all signs are subject to the requirements contained in the Arden Hills
Code of Ordinances, and amendments thereto.
1360.07 Massage, Sauna And Rap Parlors.
In addition to the requirements set forth in this Zoning Code, all massage, sauna and rap parlors are subject to the requirements
contained in the Arden Hills Code of Ordinances, and amendments thereto.
1360.08 School Bus Terminal.
In addition to the requirements set forth in this Zoning Code, bus terminals are subject to the following requirements:
Subd. 1 A school bus terminal site must be located within three hundred (300) feet of an existing general education school.
Subd. 2 A school bus terminal site must be located adjacent to both a major arterial and collector road and have direct access to
one of these roads.
Section 1365 - Building Permits and Certificates of Occupancy
1365.01 Building Permits.
Subd. 1 No building permit or other permit pertaining to the use of land or buildings shall be issued unless such building is
designed and arranged to conform to the provisions of this Section.
Subd. 2 Every application for a building permit shall be accompanied by a site plan, drawn to scale showing actual dimensions
of the lot or lots to be built upon, the location and size of the structures, improvement or use to be erected, altered or placed,
location of required parking and loading areas, size of yards and open spaces, existing and proposed streets and alleys adjoining
or within the lot and such other information required in this Chapter or in the Appendix A, Procedure Manual. The City may request
a certified survey in addition to a site plan if deemed necessary by the City.
1365.02 Certificates of Occupancy.
Subd. 1 No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be
occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy has been issued by the Building
Official, stating that the building and the use appears to comply with all of the provisions of this Code applicable to the building or
premises of the use in the district in which it is to be located.
Subd. 2 No change in use shall be made in any building or part thereof, now existing or hereafter erected, reconstructed or
structurally altered, without a certificate of occupancy having been issued by the Building Official, and no such permit shall be
issued to make such a change unless it is in conformity with the provisions of this chapter. Application for a certificate of occupancy
shall be made with the application for a building permit and shall be issued within ten (10) days after the lawful erection,
reconstruction or structural alteration is completed.
Section 1370 - Enforcement & Fees
1370.01 Enforcing Officer.
Subd. 1 This Code shall be administered and interpreted by the administrator and enforced by the City Council through the
Building Inspector/Code Enforcement Officer. The Council may institute in the name of the city any appropriate actions or
proceedings against a violator as provided by law.
Subd. 2 The administrator shall:
A. Determine if applications comply with the requirements of this Code;
B. Cause the building inspector/code enforcement officer to conduct inspections of buildings and the use of land to determine
compliance with the requirements of this Code;
C. Issue notices of Code violations when necessary.
D. Maintain current and permanent records of this Code, including but not limited to, the zoning map, amendments, conditional
use permits, variances, appeals and applications.
E. Receive, file and forward all applications for appeals, variances, conditional use permits and amendments to the appropriate
official bodies.
1370.02 Fees.
Subd. 1 The fees for the various applications of this Code shall be established by the City Council by ordinance. Such fees may
be reviewed and revised by the Council periodically.
Subd. 2 The required fee is payable at the time of the filing of the application with the zoning administrator. Applications shall
not be placed on the Planning Commission's agenda unless the appropriate fee has been paid; however, no fee shall be charged
for discussion items.
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