City Code

10. Land Use (Zoning)

10.00 : PART I. SCOPE, DEFINITIONS, AND ESTABLISHMENT OF DISTRICTS.


10.01 : Scope

1.000 Provisions are Minimum Requirements.
2.000 Provisions Are Cumulative.
3.000 Provisions Are Not a Consent, License, or Permit.
The provisions of this Chapter shall not be interpreted to be or to grant a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.
4.000 Unlawful Uses and Structures Are Not Validated.
This Chapter shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of the Chapter. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with provisions of this Chapter.

10.02 : Definitions.

The terms used in this Chapter shall have the following meanings:

1.000 Accessory Structure.
Accessory Structure. A structure detached from, but located on the same lot as the principal structure or principal use, the use of which is incidental and accessory to that of the principal structure or principal use.
2.000 Accessory Use.
A use incidental to and on the same lot as a principal use.
3.000 Adjacent or Contiguous.
Means adjoining, bordering, touching, or contiguous. If two (2) lots are separated by a public street, they shall not be deemed to be adjacent. If separated by a public alley or public walk, they shall be deemed adjacent.
4.000 Agriculture.
The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for storing the products. The term shall include incidental retail sales by the producer of products raised on the farm.
5.000 Airport.
An area of land designated and set aside for the landing and take-off of aircraft, including all necessary facilities for the maintenance and upkeep of aircraft.
6.000 Alley.
Any public right-of-way or private way whose primary function is to furnish vehicular access to the side or rear of properties having their main frontage on a street. For the purpose of this Chapter, alleys shall not be considered streets.
7.000 Apartment.
A dwelling unit within a house or building containing two (2) or more similar units. Each apartment is intended to be occupied by a single housekeeping unit. (See definition of family.)
8.000 Apartment House/Building.
A building containing three (3) or more apartments. (See definition of dwelling, Multi-Family.)
9.000 Arcade.
An area contiguous to a street or plaza that is open and unobstructed to a height of not less than twelve (12) feet, and which is accessible to the public at all times. Any portion of an arcade occupied by building columns, landscaping, statuary, pools, or fountains shall be considered part of the arcade for the purpose of computing a floor-area premium credit. The term "arcade" shall not include off-street loading areas, driveways, off-street parking areas or open pedestrian walkways. The floor of any arcade shall be level with the adjoining street or plaza.
10.000 Arcade, Internal.
A street arcade that fronts on and adjoins a plaza or other space internal to a building lot rather than the front lot line.
11.000 Arcade, Street.
An arcade that adjoins a front lot line, is not less than ten (10) feet nor more than thirty (30) feet in depth (measured perpendicular to the front lot line), and extends the full length of, or at least fifty (50) feet along the front lot line, whichever is the greater distance; or on a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an area of not less than five hundred (500) square feet and a minimum linear dimension of ten (10) feet.
12.000 Automobile Repair Garage.
Any building or premises primarily used for the repair or mechanical maintenance of motor vehicles or trailers.
13.000 Automobile Service Station.
Any building or premises primarily used for dispensing of gasoline or diesel fuel. Subd. 14. Automobile Wrecking and Junk Yard. Land or buildings where discarded or salvaged materials from wrecked motor vehicles or other vehicles or machinery are bought, sold, stored, exchanged, packed, assembled, disassembled, or handled; including, but not limited to, scrap metal, rags, paper, tires, and rubber products.
15.000 Bed and Breakfast Residence.
An owner-occupied, single family residence situated either in a unique locale or in a historically or architecturally significant structure and provides lodging and meals to registered guests.
16.000 Bed and Breakfast, Accessory Use.
Bed and Breakfast, Accessory Use. An activity which is permitted in the same underlying residential district and which is incidental and secondary to the bed and breakfast residence.
17.000 Bedroom.
Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary facilities.
18.000 Board of Adjustments and Appeals.
The Mankato City Council sitting as a governing board exercising the authority to grant variances from the numeric requirements of the Mankato Zoning Code, and to hear and decide appeals from an administrative decision or enforcement order of the Zoning Administrator.
19.000 Buffer Area.
A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another.
20.000 Building.
Building. A structure built upon the surface of the earth and used, or intended to be used, for any use or occupancy. A fence shall not be considered a building for setback purposes. Also referred to as a structure.
21.000 Building Height.
The vertical measurement of a structure measured from the average elevation of the finished ground grade within ten (10) feet of the building to the highest point of the roof surface of a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs.
22.000 Building Line.
A line parallel to or concentric with the street right-of-way line, or any other property line, at the foundation level of a building and representing the distance which the building is set back from the street right-of-way line or other property line.
23.000 Bulk Materials.
Uncontained solid matter such as powder, grain, stone, sand, etc.
24.000 Campground.
An area or tract of land used or occupied by campers using tents or other portable shelters or vehicles designed specifically as their temporary housekeeping accommodations.
25.000 Canopy and Awning.
Any projecting structure, moveable or stationary, that is attached to and supported by a building. Does not include canopies covering fuel dispensing islands at automobile service stations.
26.000 Carwash.
A building that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. Also referred to as an automobile wash.
27.000 Cemetery.
Land used for the burial of the dead, including crematories and mausoleums when operated in conjunction within the boundaries of such cemetery.
28.000 Child Care (Commercial).
A building or portion of a building where care, protection, and supervision are provided for a fee on a regular basis for children of any age.
29.000 Child Care (Home).
A private residence where care, protection, and supervision are provided for a fee for children of any age, and the persons providing care reside at the residence.
30.000 Church or Place of Religious Worship.
An institution that people regularly attend to participate in or hold religious services, meetings, and other related activities.
31.000 Clinic.
A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those persons who are in need of medical attention. Overnight care facilities are not provided at the clinic.
32.000 Club or Lodge.
Land, buildings, or premises owned or operated by a corporation, association, or group of individuals for a social, educational, recreational, charitable, political, or patriotic purpose and such land, buildings, or premises are not available for unrestricted public access and use.
33.000 Commercial Use.
An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
34.000 Commercial Vehicle.
Any vehicle used in connection with a commercial use.
35.000 Community Center.
A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. May also be referred to as a convention center or civic center.
36.000 Conditional Use.
A use that owing to some special circumstances pertaining to its location or operation may be permitted in a district subject to approval by the City Council and is subject to conditions approved by the Council.
37.000 Congregate Housing.
A residential facility for four (4) or more elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such a transportation for routine social and medical appointments, and counseling. May also be referred to as an assisted living facility.
38.000 Convenience Store.
A retail establishment, having a maximum gross floor area of seven thousand five hundred (7,500) square feet, offering for sale prepackaged food products, household items, and other goods commonly associated with this type of store. May also be combined with an automobile service station.
39.000 Cul-de-Sac.
A local street, one end of which is closed and consists of a circular turn around.
40.000 Deck, Attached.
A structure within six (6) feet of the main building that may or may not have railings or access to the ground, but does not contain walls or a roof. May also be referred to as a balcony.
41.000 Deck, Unattached.
A structure six (6) feet or more from the main building that may or may not have railings or access to the ground, but does not contain walls or a roof.
42.000 Density.
The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include land required for public streets.
43.000 Development.
All structures and other human modifications of the natural landscape.
44.000 Dormitory.
A building used as group living quarters for a student body, religious order, or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or similar use. Dormitories do not contain separate dwelling units.
45.000 Drinking Establishments.
Any premises where alcoholic or non-alcoholic beverages are sold at retail for consumption on the premises. Snack foods may be available, but not as a complete meal. Also referred to as a bar and/or saloon, coffee house, or teen center.
46.000 Drive-In Facility.
Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle, also referred to as a drive-thru.
47.000 Driveway.
A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two-family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access to a private garage.
48.000 Dwelling.
A building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family and multiple-family dwelling units, and apartment buildings, but not including units used for occupancy in hotels or motels. May also be called a residence or residential building.
49.000 Dwelling, Multi-Family.
A residential building used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units, but not including group, row, townhouses, or dormitories.
50.000 Dwelling, One-Family, Attached (Group, Row, or Townhouse).
One of two or more residential dwellings joined to other dwellings by a common wall without openings and with individual entrances to each dwelling from the exterior. Each dwelling unit shall have principal access onto the ground floor and shall be occupied by not more than one family.
51.000 Dwelling, One-Family, Detached.
A residential building containing not more than one (1) dwelling unit and entirely surrounded by open space and yards located on the same lot.
52.000 Dwelling, Two-Family.
A residential building containing not more than two (2) dwelling units, but not including group, row, or townhouses. May also be referred to as a duplex.
53.000 Dwelling Unit.
One (1) or more rooms physically arranged so as to create an independent housekeeping unit for occupancy by one (1) family. A dwelling unit contains separate toilet, cooking, and sleeping accommodations. Dwelling units may be rented or owner-occupied. May also be called a residence or rooming house dwelling unit.
54.000 (Reserved)

Editor's Note - An ordinance enacted 6-29-1998 repealed former Subdivision 54, Dwelling Unit, Rooming House.

55.000 Easement.
The right of a person, government agency, or public utility to use public or private property for a specific purpose.
56.000 Emergency Shelter.
A non-profit, charitable, or religious organization providing boarding and/or lodging and ancillary services on the premises to primarily indigent, needy, homeless, or transient persons.
57.000 Essential Service Utility Structure and Facility.
Includes, but is not limited to, a structure or facility used for the location, maintenance and/or service of communication lines, natural gas, petroleum pipelines, television cable, or electrical transmission lines.
58.000 Family.
  1. Family. An individual or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than five (5) unrelated persons, living together as a single housekeeping unit within a dwelling unit, as distinguished from individuals or a group occupying a hotel, motel, club, lodge, sorority, fraternity, or dormitory.
  2. Family - Traditional. A traditional family means one or more persons related by blood or marriage residing in a single dwelling unit.
  3. Family - Functional. A functional family means a collective group of unrelated persons residing in a single dwelling unit, limited to not more than two adult persons, together with their traditional family members of any age.
59.000 Fence.
Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
60.000 Floor Area.
The sum of the gross horizontal area of all floors of a building as measured from the exterior faces of the exterior walls.
61.000 Floor Area, Livable or Usable.
The sum of the gross horizontal area of all floors of a building as measured from the interior faces of the interior walls, excluding the areas of unoccupied cellars, accessory garages, porches, attics, basements, stairways, bathrooms, and utility and heating rooms.
62.000 Floor Area Ratio (FAR).
The floor area of the building, or buildings, on a lot divided by the area of that lot, or in the case of planned developments, the sum of the floor area of all buildings divided by the gross site area.
63.000 Fraternity or Sorority House.
A building that is occupied solely by a group of university or college students who are associated together in a fraternity or sorority chartered by a national or international fraternity or sorority, or officially recognized by the university or college, and who receive from the fraternity or sorority their lodging and/or meals on the premises for compensation.
64.000 Frontage.

The length of any one (1) property line of a lot that abuts a public street. All sides of a lot adjacent to public streets shall be considered frontage and yards shall be provided as indicated in this Chapter.

65.000 Funeral Home.
A building or part thereof used for human funeral services. Such building may contain space and facilities for:
  1. A. Embalming and the performance of other services used in the preparation of the dead for burial.
  2. The performance of autopsies and other surgical procedures on the dead.
  3. The storage of caskets, funeral urns, and other related funeral supplies.
  4. The storage of funeral vehicles.
A funeral home shall not include facilities for cremation, unless allowed by a conditional use permit. A funeral chapel shall be considered an accessory use to a funeral home.
66.000 Garage, Private.
An accessory use situated on the same lot of the principal use, and designed for the private storage of motor vehicles owned by the occupant of a principal use. No facilities for mechanical service or repair of a commercial or public nature are provided in the private garage. Such garage may be attached to the principal building or detached from the principal building. When a private garage is attached to a principal building, it shall be considered part of the principal building for setback and yard purposes.
67.000 Garage, Public.
A building designed and used for the storage of automobile vehicles and operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles. Parking ramps shall be included within this definition.
68.000 Grade, Ground.
The average elevation of the finished ground levels measured at the center of all exterior walls of a building.
69.000 Ground Coverage.
Refer to Lot Coverage.
70.000 Group Home.
Means a state licensed residential facility as defined by Minnesota State Statute.
71.000 Grouped Housing Project.
Two (2) or more dwellings located on a single lot or parcel. Refer to Planned Unit Development.
72.000 Home Occupation.
A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, and no persons are employed at the dwelling unit other than the residents living therein.

The home occupation shall be clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely effect the uses permitted in the residential zoning district.
73.000 Hospital.
An institution providing health services for human in-patients and medical or surgical care for the sick or injured. Includes related facilities such as laboratories, outpatient departments, training facilities, central service facilities, staff offices, and overnight accommodations for patients.
74.000 Hotel.
A facility offering transient lodging accommodations on a daily or weekly rate to the general public and may provide additional services such as restaurants, meeting rooms, and recreational facilities. May also be referred to as a motel.
76.000 Impervious Surface.
Impervious surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, rooftops, sidewalks, patios, storage areas, roads, streets, driveways, and parking lots constructed of concrete, asphalt, or compacted aggregate.
77.000 Industrial Park.
A planned, coordinated development of a tract of land with two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation, and open space.
78.000 Industry, Heavy.
A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of or manufacturing process using flammable, or explosive materials, or a storage or manufacturing process that potentially involves hazardous or commonly recognized offensive conditions.
79.000 Industry, Light.
A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales, and distribution of such products.
80.000 Junkyard.
Land or buildings at which waste material, refuse material, inoperative motor vehicles, inoperative machinery, and inoperative appliances, are collected, stored, salvaged, or sold.
81.000 Kennel.
An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business or commercial use.
82.000 Kennel, Private.
Any accessory use arranged for the care and sheltering of household pets belonging to the owner of the property on which the kennel is located
83.000 Laundry, Self-Service.
A business that provides home type washing and drying machines to be used by customers on the premises.
84.000 Lot.
A piece of land occupied or intended to be occupied by a principal use and its accessory uses together with such open space and yards as is required by this Chapter, and having at least the minimum area, frontage, and width as required by this Chapter and as required in Chapter 11 of the City Code. Also referred to as a parcel, tract, property, or piece.
85.000 Lot, Area.
The total horizontal area within the lot lines of a lot.
86.000 Lot, Conforming.
A lot that conforms to the minimum width, area, and frontage requirements of this Chapter and Chapter 11, Subdivisions, of the Mankato City Code.
87.000 Lot, Corner.
A lot abutting, and at the intersection, of two (2) or more streets. A corner lot shall be considered as having primary frontage abutting the required front yard and secondary frontage abutting a corner side yard.
88.000 Lot, Coverage.
The area of the lot covered by buildings or roofed areas, excluding permitted projecting eaves.
89.000 Lot, Depth.
The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
90.000 Lot, Interior.
An interior lot is a lot other than a corner lot or through lot.
91.000 Lot of Record.
A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat.
92.000 Lot, Nonconforming.
A lot or parcel of land that has less than the required minimum area, width, and frontage as required by this Chapter and Chapter 11, Subdivisions, of the Mankato City Code. Also referred to as a substandard lot.
93.000 Lot, Through.
A lot having front and rear lot lines abutting a public street.
94.000 Lot, Width.
The horizontal distance between the side lot lines measured at the required front yard setback line.
95.000 Manufactured Housing.
Applies to either:
  1. A factory-built one-family structure built and transported in sections to a permanent site and not intended for additional transportation once it has been placed on a permanent site.
  2. A transportable, factory-built home, designed to be used as a year around residential dwelling. Such structure has wheels or axles permanently attached to its frame. Such structures built prior to June 15, 1976, are referred to as mobile homes.
96.000 Mobile Home.
A transportable, factory built home built prior to June 15, 1976, and designed to be used as a year around residential dwelling. Such structure has wheels or axles permanently attached to its frame.
97.000 Motor Vehicle.
As defined by Section 9.14 of the Mankato City Code. May also be referred to as an automobile, vehicle, car, truck, or trailer.
98.000 Nonconforming Building.
Any building that does not meet zoning district regulations for building size, building height, lot coverage, or setback.
99.000 Nonconforming Use.
A use of land that does not comply with the use regulations of this Chapter.
100.000 Nursing Home.
A place, residence, or home used for the boarding and care of the elderly or infirm who are dependent upon the services of others.
101.000 Office.
A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
102.000 Open Space, Common.
Open space within or related to a development designed and intended for the common use or enjoyment of the occupants of the development. Parking or driveways shall not be considered permitted open space.
103.000 Outside Storage.
The keeping in an unroofed area of any goods, bulk material, other materials, merchandise, or products for more than twenty-four (24) hours. Also referred to as unenclosed storage.
104.000 Park.
Any public or private land available for recreational, educational, cultural, or aesthetic use.
105.000 Parking, Joint.
The development and use of a parking space or parking lot by two (2) or more separate developments.
106.000 Parking Lot.
An unenclosed or enclosed area used for the temporary parking of four (4) or more motor vehicles.
107.000 Parking Space or Stall.
An obstructed space or area, of such dimension and construction in conformance with this Chapter, that is permanently reserved and maintained for the parking of one (1) motor vehicle.
108.000 Patio.
An attached or unattached structure at ground level that does not contain walls or a roof, and is not used for parking purposes.
109.000 Performance Guarantee.
A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
110.000 Performance Standards.
A set of minimum and maximum design and performance requirements applied to permitted and conditional uses.
111.000 Planning Agency.
The Planning Commission and the Planning Department as they function together.
112.000 Planned Unit Development (Planned Development).
An area for which a unitary development plan has been prepared indicating, but not being limited to the following land uses: open space, on-site circulation for both pedestrians and vehicles, parking, setbacks, housing densities, building spacings, land coverage, landscaping, relationships, streets, building heights, accessory uses, and architectural treatment.

A Planned Unit Development also includes "Cluster Developments," which are a development design technique that concentrates buildings in a specific area on a site to allow the remaining land to be used for recreation, common open space, or preservation of environmentally sensitive areas.
113.000 Plaza.
An open area at ground level, which is accessible to the public at all times and is unobstructed from its lowest level to the sky. Any portion of a plaza occupied by landscaping, statuary, pools, and open recreation facilities shall be considered to be part of the plaza for the purpose of computing a floor area premium credit. The term "plaza" shall not include off-street loading areas, driveways, off-street parking areas or pedestrian ways accessory thereto. Plazas shall be continuous areas of not less than seven hundred fifty (750) square feet and not more than eight thousand (8,000) square feet. A plaza shall not at any point be more than five (5) feet above, nor more than twelve (12) feet below, the curb level of the nearest adjoining street, and shall be unobstructed from its lowest level to the sky, except for arbors or trellises, awnings or canopies, railings not less than fifty percent (50%) open and not exceeding three (3) feet eight (8) inches in height, flagpoles, open terraces or porches, steps, ornamental fountains or statuary, or unenclosed balconies.
114.000 Principal or Main Building.
A building in which the principal use of the lot is located or conducted.
115.000 Principal Use.
The permitted or conditional use of property. Also may be defined as the main and predominate use of land or structures as distinguished from a secondary or accessory use.
116.000 Ramp.
A structure attached to a principal or accessory building which is constructed at a slope that meets the Uniform Building Code requirements for the purposes of providing access to a building.
117.000 Recycling Center.
A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.
118.000 Recycling Collection Point.
An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of items is permissible.
119.000 Restaurant, Bars and Drinking Establishment
  1. Restaurant. A business establishment that sells unpackaged food to the customer in a ready-to-consume state, in individual servings, where the customer consumes these foods in the building, picks up food from the building to consume elsewhere, or the food is delivered to the customer by employees of the restaurant .If liquor is served in the establishment, the liquor license shall be classified as a Class R license as defined by Chapter 4 of the Mankato City Code. Kitchen facilities shall be capable of serving the permitted occupancy. This definition includes, but is not limited to: fast food restaurants, sit down restaurants, pick-up or carry-out restaurants, delivery restaurants, drive-in restaurants, drive-thru restaurants, cafes, tea rooms, delis, and any combination thereof. May also be referred to as an eating establishment.
  2. Bars. Any premises where alcoholic and non-alcoholic beverages are sold at retail for consumption on the premises. The liquor license for a bar shall be classified as Class RB or Class B as defined by Chapter 4 of the Mankato City Code.  Also referred to as a saloon, club, pub, or other use similar to this definition.
  3. Non-Alcoholic Drinking Establishments. Any premises where non-alcoholic beverages are sold at retail for consumption on the premises. Snack foods may be available, but not as a complete meal. Also referred to as a coffee house, dance club, teen center, or similar use.
120.000 School.
A public or private facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary, junior high schools, and high schools.
121.000 Screen.
The utilization of a fence, wall, vegetation, or other device or means, in order to conceal from view.
122.000 Self-Service Storage Facility.
A commercial building or group of buildings that contain varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customers' goods or wares.
123.000 Setback.
The required minimum horizontal distance between a building line and the related front, side, or rear property lines.
124.000 Shopping Mall.
Two (2) or more commercial or business uses joined to each other by a common wall without openings and each with individual entrances. Each use shall have principal access to the outside (strip mall) or to a common enclosed area (enclosed mall).
125.000 Sign.
Any name, identification, description, display, illustration, structure, emblem, or device which is affixed to, painted, or represented upon a building, bench, or other outdoor structure, vehicle, or piece of land, which is intended to direct attention to an object, product, place, activity, person, organization, or business. The structure supporting or intended to support a sign shall be considered part of the sign.
126.000 Site Plan.
A document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, interior vehicular and pedestrian access, parking lots, the provision of improvements, and the interrelationship of these elements.
127.000 State Licensed Residential Facility.
A dwelling operated under state license to provide supervision, food, lodging, or other services to a dependent population living and cooking together in a single cooperative housekeeping unit. Includes state licensed day care facility and a group day care facility.
128.000 Street.
A public or private thoroughfare used, or intended to be used, for travel by motor vehicles. Streets are further classified by the function they perform as follows: local, collectors, and arterials. For the purpose of this Chapter, public alleys shall not be considered streets.
129.000 Townhouse.
One of a group of one-family attached dwellings all fronting on a public right-of-way or private driveway, and occupying either individual lots or a common lot when developed in Grouped Housing Projects or Planned Unit Developments.
130.000 Trash Enclosure.
An accessory use of a property where trash and/or recyclable material containers, or any other type of waste or refuse container is stored.
131.000 Used for.
The term used for shall include the phrases arranged for, designed for, intended for, and occupied for.
132.000 Unrelated Individuals.
Two or more individuals who are not related by blood, marriage, or adoption. For the purposes of this Chapter, "related by blood" shall mean whole or half relation between a common ancestor or descendant, husband, wife, son, daughter, father, mother, brother, sister, uncle, aunt, niece, nephew, stepchildren, legally adopted children, grandmother, grandfather, state assigned foster children, first cousin, or any combination of the above persons.
133.000 Variance.
The adjustment by the Board of Adjustments and Appeals of the literal provisions of this Chapter in cases where the literal provisions would cause undue hardship because of physical circumstances unique to an individual property. Variances shall be limited to height, bulk, density, and yard requirements.
134.000 Water Retention Device or Area.
Water retention device or area means any constructed control device, ponding area or storm water pond, or a natural depression or wetland installed or planned for under a state approved surface water management plan which provides for the temporary storage of storm water runoff, with the purpose of replicating pre-development hydrologic conditions and retaining sediment and/or nutrients.
135.000 Yard.
An open space on the same zoning lot with a building that is occupied by that building or any other structure, and excluding loading and parking areas, except as otherwise permitted in this Chapter.
136.000 Yard, Front.
A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front lot line and the building line of the main building, including any enclosed or covered porches, as measured from the existing or future right-of-way on which the lot has primary frontage. The front yard depth shall be measured at right angles to the front property line.
137.000 Yard, Rear.
A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear lot line and the building line of the main building, or a depth equal to the shortest distance between the most distant point on any other lot line and the building line of the main building in instances where there is no rear lot line. The rear yard depth shall be measured at right angles to the main building.
138.000 Yard, Side.
A yard between the side lot line and the building line of the main building, which extends from the front yard to the rear yard and has a width equal to the shortest distance between the side lot line and the building line of the main building. The required side yard width shall be calculated at the front building line and the side yard width shall be measured at right angles to the side lot lines.
139.000 Yard, Corner Side.
A yard extending across the full depth of a corner lot and having a width equal the shortest distance between the right-of-way line along the lot's secondary frontage and the building line of the main building.
140.000 Zoning Administrator.
The staff or persons to whom the City Manager has assigned the administrative responsibilities under this Chapter.
141.000 Zoning Lot.
One or more lots which are used for a single principal use or planned unit development.
142.000 Zoning Map, Official.
The map or maps incorporated into this Chapter.

10.03 : Zoning Districts and Map.

1.000 Establishment of Zoning Districts.
To carry out the purpose of this Chapter, the City is hereby divided into the following districts:
T Transition District
R-1 One-Family Dwelling District
R-2 One- and Two-Family Dwelling District
R-3 Limited Multiple Dwelling District
R-4 Multiple Dwelling District
R-T Residential Transition District
I Institutional Overlay District
MH Mobile Home Overlay District
O Office District
OR Office-Residential District
CBD-C Central Business District-Core
CBD-F Central Business District-Fringe
B-1 Community Business District
B-2 General Business District
B-3 Highway Business District
PI Planned Industrial District
M-1 Light Industrial District
M-2 Industrial District
2.000 Interpretation of District Sequence.
Each district, having been designed to accomplish a specific purpose and encourage a particular type of development, shall be interpreted as separate and distinct. The districts shall not be interpreted to be of a higher or lower class.
3.000 Map Incorporated.
The location and boundaries of the zoning districts established by this Chapter are as shown on a map entitled, "Zoning Map of the City of Mankato, Minnesota," hereafter referred to as the Official Zoning Map, which is by reference incorporated as part of this Chapter. All notations, references, and other information shown on the Official Zoning Map, and all amendments thereto, shall be as much a part of this Chapter as if specifically set forth and literally described herein.
4.000 Omitted Land.
It is the intent of this Chapter that the entire area of the City, including all land and water areas, shall be included in the districts established by this Chapter. Any area lying within the City but not shown on the Official Zoning Map as being included in a district shall be deemed to be, and is hereby classified in the T, Transition District.

10.04 : Annexed Land.

1.000 Annexation of Land.
All land annexed to the City after the effective date of this Chapter shall be classified automatically upon annexation as being in a T, Transition District.
2.000 Application for Different Classification.
When any land is classified pursuant to this Section, it shall remain so classified unless and until an application to amend is filed pursuant to this Chapter. An application to amend may be filed prior to or contemporaneously with the annexation of the land in question; provided a preliminary plat of the land is submitted with the amendment application.

10.05 : District Boundaries

1.000 District Boundaries.
In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the Official Zoning Map, the following rules shall apply:
  1. A. Boundaries indicated as approximately following the centerline of highway, streets, alleys, waterways, railroads, or other right-of-ways, unless otherwise indicated, shall be construed to follow such centerlines.
  2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
  3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of a change in a shoreline, the boundary shall be construed as moving with the actual shoreline.
  4. Boundaries indicated as approximately following the City limits shall be construed as following such City limits.
2.000 Single Lot Divided by a District Boundary.
Where a district boundary line divides a lot which was a single ownership at the time of passage of this Chapter, the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot may be interpreted by the Zoning Administrator upon request of the lot owner.
3.000 Maintenance and Availability of the Official Zoning Map.
A copy of the Official Zoning Map shall be maintained by the Zoning Administrator and shall be available for public inspection during City business hours. Any amendments to zoning district boundaries or any change in any other information shown on the Official Zoning Map made by amendment to this Chapter shall be indicated on the copy of the Official Zoning Map.

10.06 : District Regulations.

1.000 Territorial Application.
This Chapter shall apply to all land, structures, and uses within the corporate limits of the City and as otherwise permitted by Minnesota State Statutes.
2.000 General Application.
All structures erected, all uses of land or structures established, all structural alteration or relocation of existing structures occurring, and all enlargements and extensions of, additions to, changes in, and relocation of existing uses occurring after the effective date of this Chapter shall be subject to the regulations of this Chapter. Legally existing structures and uses that do not comply with the regulations of this Chapter shall be subject to the provisions of Section 10.84, Nonconforming Uses.
3.000 General Prohibition.
No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall be established, enlarged, extended, altered, moved, divided or maintained in any manner after the effective date of this Chapter, except as authorized by and in compliance with, the provisions of this Chapter. Without limiting the foregoing, any such activity that would create any parcel of land that could not be developed in compliance with this Chapter shall be prohibited and no parcel of land created as a result of any such activity shall be used or developed for any purpose.
4.000 Special Prohibitions.
  1. No part of a yard, or open space, or off-street parking space, or loading space required for a structure under the provisions of this Chapter, shall be included as part of the yard, open space, or off-street parking or loading space similarly required for any other structure, unless otherwise permitted by this Chapter.
  2. No building permit shall be issued for the erection of any building, structure, or addition to an existing building or structure, on land that has not been subdivided into lots and blocks in accordance with Chapter 11, Subdivisions, of the Mankato City Code.
5.000 Private Agreements.
This Chapter is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this Chapter are more restrictive or impose higher standards or requirements, the regulations of this Chapter shall govern.

10.07 : Severability.

1.000 Intent as to Severability.
The provisions of this Chapter shall be severable in accordance with the following rules:
  1. Provisions Declared Invalid. If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter.
  2. Application Declared Invalid. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter as to only a particular parcel of land, a particular structure, or a particular use, then such judgment shall not affect the application of said provision to any other land, structure, or use.

10.08-10.10 : Reserved.


10.11 : General Requirements.

1.000 Accessory Uses and Structures.
Accessory uses and structures are permitted in the Residential Districts subject to the regulations of Section 10.81 of this Chapter.
2.000 Compliance with Applicable Regulations.
Any use established in a Residential District after the effective date of this Chapter shall comply with all applicable local, state, and federal standards for such uses, including, but not limited to, the control for noise, vibration, air pollution, fire and explosive hazards, toxic substances, water pollution, and glare.
3.000 Off-Street Parking and Loading.
Off-street parking and loading facilities shall be provided for the Residential Districts in accordance with the regulations set forth in Sections 10.84 and 10.85 of this Chapter.
4.000 Landscaping and Screening.
Landscaping and screening shall be provided for the Residential District in accordance with the regulations set forth in Section 10.88 of this Chapter.
5.000 Signs.
Signs in the Residential Districts shall comply with the applicable sign regulations set forth in Section 10.87 of this Chapter.
6.000 Performance Standards.
Requirements relating to performance standards in the Residential Districts are set forth in Section 10.89 of this Chapter.
7.000 State Licensed Residential Facility.
State licensed residential facilities are allowed in all residential zoning districts pursuant to Minnesota State Statutes, as amended from time to time. The regulation of Residential Occupancies contained in this Section shall not apply to a State Licensed Residential Facility.
8.000 Residential Occupancies.
  1. Residential occupancies of single- and two-family dwellings in the R-1 and R-2 Districts shall be limited to Family - Functional and Family - Traditional as defined by this Chapter. A Family - Traditional or Family - Functional may have one additional person residing with them for non-rental purposes or for the purposes of providing a housekeeping or personal service for the resident(s) therein.
  2. Residential occupancies in the R-3, R-4, and Office Residential Districts shall conform to definitions of Family and Rooming House Dwelling Unit as defined by this Chapter.
9.000 General Provisions.
Refer to Part IX, Standards for General Applicability, for additional standards and exceptions.
10.000 Planned Unit Developments.
A planned unit development plan may be submitted for consideration by the City Council for any property located in the Residential Zoning Districts. Refer to Section 10.93 for submittal requirements and development standards.

10.12 : T Transition District.

1.000 Purpose.
The purpose of the T, Transition District, is to provide a temporary designation for new territory annexed to the City for which no plans or controls have been adopted. New development and expansion of existing uses are prohibited unless otherwise provided for below:
2.000 Special Minimum Requirements.
  1. Existing agricultural uses may continue.
  2. New development or subdivision of land is prohibited.
  3. Additions to animal production and related operations are prohibited.
  4. Building permits may only be issued for activities required for structural maintenance and/or interior remodeling. No additions to existing structures or the erection of a new structure shall be allowed.
  5. Building permits and approvals may be granted for the following activities:
    1. Repair and expansion of existing essential utility structures and facilities; and
    2. Repair and expansion of existing utility lines; and
    3. Repair and extension of existing municipal facilities as regulated in Chapter 3 of the Mankato City Code; and
    4. Construction activities associated with public parks; and
    5. Construction and expansion activities associated with municipal airports.

10.13 : R-1 One-Family Dwelling District.

1.000 Purpose.
The purpose of the R-1, One-Family Dwelling District, is to provide for low density residential development.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the R-1, One-Family Dwelling District:
  1. Dwellings, One-Family.
  2. Gardens, provided no retail sales.
  3. Home occupations, as regulated by Section 10.82.
  4. Parks, playgrounds, tennis courts, and swimming pools.
  5. Schools, public and private elementary, middle, and secondary.
Subd. 3. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-1, One-Family Dwelling District, subject to the regulations for conditional uses set forth in Section 10.92 of this Chapter:
  1. Bed and breakfast residences, as regulated in Section 10.82.
  2. Campgrounds within public parks.
  3. Cemeteries, crematories, and mausoleums.
  4. Child day care facilities, when not operated as a home occupation and as regulated in Section 10.82.
  5. Churches or places of religious worship, parish houses, rectories, and convents.
  6. Congregate Housing.
  7. Dwellings, attached one-family dwellings, provided each dwelling is located on a separate lot conforming to Section 10.13, Subd. 4.
  8. Golf and country clubs.
  9. Government institutions, municipal buildings, museums, and libraries.
  10. Hospitals and medical clinics.
  11. Nursing homes and similar institutions.
  12. Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
  13. Parking lots providing off-street parking for a use permitted in a residential zoning district, provided the parking lot is within five hundred (500) feet of the main building of said use.
  14. Public utilities, essential service utility facilities and structures, as regulated in Section 10.82.
4.000 Minimum Lot Area.
The minimum lot area in the R-1, One-Family Residential District, is seven thousand (7,000) square feet for a one-family dwelling. Lots recorded prior to May 28, 1956, may have a minimum area of five thousand five hundred (5,500) square feet for a single family dwelling.

A minimum lot area of eight thousand (8,000) square feet shall be provided for all other principal buildings and uses in the R-1, One-Family Dwelling District.

5.000 Minimum Lot Width.
The minimum lot width for the R-1, One-Family Residential District, is sixty (60) feet and shall be measured at the front setback line. Lots recorded prior to May 28, 1956, may have a minimum lot width of fifty (50) feet.
6.000 Yards and Setbacks.
The minimum yard and setback requirements for the R-1, One-Family Dwelling District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of thirty (30) feet.
  2. Side Yard Setback.
    1. Dwellings. A minimum of six (6) feet.
    2. All Other Principal Buildings and Uses. Ten percent (10%) of the lot width, provided the side yard width is a minimum of ten (10) feet or a maximum of thirty (30) feet.
      Two (2) side yards shall be required for each zoning lot.
  3. Rear Yard Setback.
    1. Dwellings. A minimum of twenty-five (25) feet.
    2. All Other Principal Buildings and Uses. Twenty-five percent (25%) of lot depth, provided the rear yard is a minimum of twenty-five (25) feet or a maximum of seventy-five (75) feet.
  4. Transitional Yard. None required.
  5. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line.
  6. Parking. Except for the property's driveway, all parking surfaces shall be set back a minimum of three (3) feet from any property line.
Not more than thirty-five percent (35%) of the front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
7.000 Maximum Ground Coverage.
The sum total of lot area that may be covered by all structures located on a zoning lot in the R-1, One-Family Dwelling District, shall not exceed thirty percent (30%) of the lot area. (Ord. of 11-8-1999)

Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard.
8.000 Maximum Floor Area Ratio.
No restriction.
9.000 Maximum Building Height.
The maximum building height in the R-1, One-Family Dwelling District, is thirty-five (35) feet. Accessory buildings shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exceptions.
10.000 Minimum Structural Requirements.
The following shall be minimum structural requirements in the R-1, One-Family Dwelling District:
  1. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code.

10.14 : R-2 One- and Two-Family Dwelling District.

1.000 Purpose.
The R-2, One- and Two-Family Dwelling District, is intended to provide for low and medium-density residential development.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the R-2, One- and Two-Family Dwelling District:
  1. Dwellings, one- and two-family and attached one-family.
  2. Gardens, provided no retail sales.
  3. Home occupations, as regulated by Section 10.82.
  4. Parks, playgrounds, tennis courts, and swimming pools.
  5. Schools, public and private elementary, middle, and secondary.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the R-2, One- and Two-Family Dwelling District, subject to the regulations for conditional uses set forth in Section 10.92 of this Chapter:
  1. Bed and breakfast residences, as regulated in Section 10.82.
  2. Campgrounds within public parks.
  3. Cemeteries, crematories, and mausoleums.
  4. Child day care facilities, when not operated as a home occupation, and as regulated in Section 10.82.
  5. Churches or places of religious worship, parish houses, rectories, and convents.
  6. Congregate Housing.
  7. Golf and country clubs.
  8. Government institutions, municipal buildings, museums, and libraries.
  9. Hospitals and medical clinics.
  10. Nursing homes and similar institutions.
  11. Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
  12. Parking lots providing off-street parking for a use permitted in a residential zoning district, provided the parking lot is within five hundred (500) feet of the main building of said use.
  13. Public utilities and essential service utility facilities and structures, as regulated in Section 10.82.
4.000 Minimum Lot Area.
The minimum lot area for the R-2, One- and Two-Family Dwelling District, is as follows:
  1. One-Family (Attached or Detached). Six thousand (6,000) square feet per dwelling unit. Lots recorded prior to May 28, 1956, may have a minimum size of five thousand five hundred (5,500) square feet for a one-family dwelling.
  2. Two-Family. Eight thousand (8,000) square feet.
  3. All Other Uses. Eight thousand (8,000) square feet.
5.000 Minimum Lot Width.
The minimum lot width for a one-family dwelling unit is fifty (50) feet and shall be measured at the front setback line. The minimum lot width for all other uses in the R-2, One- and Two-Family Dwelling District, is sixty (60) feet and shall be measured at the front setback line. Lots recorded prior to May 28, 1956, may have a minimum lot width of fifty (50) feet.
6.000 Yards and Setbacks
The minimum yard and setback requirements for the R-2, One- and Two-Family Dwelling District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of thirty (30) feet.
  2. Side Yard Setback.
    1. Dwellings. A minimum of six (6) feet.
    2. All Other Principal Buildings and Uses. Ten percent (10%) of lot width, provided the side yard is a minimum of ten (10) feet or a maximum of thirty (30) feet.
      Two (2) side yards shall be required for each zoning lot.
  3. Rear Yard Setback.
    1. Dwellings. A minimum of twenty-five (25) feet.
    2. All Other Principal Buildings and Uses. Twenty-five percent (25%) of lot depth, provided the yard is a minimum of twenty-five (25) feet or a maximum of seventy-five (75) feet.
  4. Transitional Yard. None required.
  5. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line.
  6. Parking. Except for the property’s driveway, all parking surfaces shall be set back a minimum of three (3) feet from any property line.
Not more than thirty-five percent (35%) of the front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
7.000 Maximum Ground Coverage.
The sum total of lot area that may be covered by all structures located on a zoning lot in the R-2, One- and Two-Family Dwelling District, shall not exceed thirty percent (30%).

Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard.
8.000 Maximum Floor Area Ratio.
No restriction.
9.000 Maximum Building Height.
The maximum building height in the R-2, One- and Two-Family Dwelling District, is thirty-five (35) feet. Accessory structures shall not exceed twenty (20) feet in height. Refer to Section 10.81 for exemptions.
10.000 Minimum Structural Requirements.
The following shall be minimum structural requirements in the R-2, One- and Two-Family Dwelling District:
  1. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code.

10.15 : R-3 Limited Multiple-Family Dwelling District.

1.000 Purpose.

The R-3, Limited Multiple-Dwelling District, is intended to provide for medium density residential development. The redevelopment of infill development within existing established neighborhoods shall assure that buildings are compatible in mass and scale with those of building adjacent to the proposed development and maintain the traditional scale of buildings as seen along the street.

2.000 Permitted Uses.

Except as specifically limited herein, the following uses are permitted in the R-3, Limited Multiple-Dwelling District:

  1. Dwellings, multiple-family, not to exceed eight (8) units in one (1) building or on one (1) lot.
  2. Dwellings, one-family and two-family.
  3. Gardens, provided no retail sales.
  4. Home occupations, as regulated in Section 10.82.
  5. Parks, playgrounds, tennis courts, and swimming pools.
  6. Schools, public and private elementary, middle, and secondary.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Dwelling District, subject to the regulations for conditional uses set forth in Section 10.92 of this Chapter.
  1. Bed and breakfast residences, as regulated in Section 10.82.
  2. Campgrounds within public parks.
  3. Cemeteries, crematories, and mausoleums.
  4. Child daycare facilities, when not operated as a home occupation, and as regulated in Section 10.82.
  5. Churches or places of religious worship, parish houses, rectories, and convents.
  6. Congregate housing.
  7. Golf courses, country clubs, and private recreational uses, all non-commercial.
  8. Government institutions, municipal buildings, museums, and libraries.
  9. Hospitals and medical clinics.
  10. Nursing homes and similar institutions.
  11. Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
  12. Parking lots providing required off-street parking for a use permitted in a residential zoning district, provided the parking lot is within five hundred (500) feet of the main building of said use.
  13. Public housing units, including multi-family dwelling units.
  14. Public utilities and essential service utility facilities and structures, as regulated in Section 10.82.
4.000 Minimum Lot Area.

The minimum buildable lot area for the R-3, Limited Multiple-Dwelling Residential District, is as follows:

  1. One-Family. Six thousand (6,000) square feet per unit.
  2. Two-Family. Six thousand (6,000) square feet.
  3. Multiple-Family. Ten thousand (10,000) square feet for up to four (4) dwelling units, plus an additional one thousand five hundred (1,500) square feet for each additional dwelling unit in excess of four (4) units, not to exceed eight (8) units in one (1) building or on one (1) lot.
5.000 Minimum Lot Width.
The minimum lot width for a one-family dwelling unit is fifty (50) feet and shall be measured at the front setback line. The minimum lot width for a two-family dwelling unit is sixty (60) feet and shall be measured at the front setback line. The minimum lot width for all other uses in the R-3, Limited Multiple Dwelling District, is one-hundred (100) feet and shall be measured at the front setback line.  Lots recorded prior to May 28, 1956, and utilized as a single-family or two-family dwelling may have a minimum lot width of fifty (50) feet.
6.000 Yards and Setbacks.
The minimum yard and setback requirements for the R-3, Limited Multiple-Family Dwelling District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of twenty-five (25) feet.
  2. Side Yard Setback.
    1. One- and Two-Family Dwellings. A minimum of six (6) feet.
    2. All Other Principal Buildings and Uses. Ten percent (10%) of lot width, provided the side yard is a minimum of ten (10) feet or a maximum of thirty (30) feet.
      Two (2) side yards shall be required for each zoning lot.
  3. Rear Yard Setback.
    1. One- and Two-Family Dwellings. A minimum of twenty-five (25) feet.
    2. All Other Principal Buildings and Uses. Twenty-five percent (25%) of lot depth, provided the yard is a minimum of twenty-five (25) feet or a maximum of seventy-five (75) feet.
  4. Transitional Yard. None required.
  5. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line.
  6. Parking. Except for the property's driveway, all parking surfaces for One- and Two-Family Dwellings shall be set back a minimum of three (3) feet from any property line surfaces and all parking surfaces for all other uses shall be set back a minimum of six (6) feet from any property line.
Not more than thirty-five percent (35%) of the front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
7.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on a zoning lot in the R-3, Limited Multiple-Dwelling District, shall not exceed thirty-five percent (35%) of the lot area.

Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard.
8.000 Maximum Floor Area Ratio.
No restriction.
9.000 Maximum Building Height.
The maximum building height in the R-3, Limited Multiple-Dwelling District, is thirty-five (35) feet. Accessory structures shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exemptions.
10.000 Minimum Structural Requirements.
The following shall be minimum structural requirements in the R-3, Limited Multiple-Family Dwelling District:
  1. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code.

10.16 : R-4 Multiple-Family Dwelling District.

1.000 Purpose.
The R-4, Multiple-Dwelling District, is intended to provide for high-density residential development. 
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the R-4, Multiple-Dwelling District:
  1. Dwellings, one-family (attached or detached), two-family, and multiple-family.
  2. Gardens, provided no retail sales.
  3. Home occupations, as regulated in Section 10.82.
  4. Parks, playgrounds, tennis courts, and swimming pools.
  5. Schools, public and private elementary, middle, and secondary.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple-Dwelling District, subject to the regulations for conditional uses set forth in Section 10.92 of this Chapter:
  1. Bed and breakfast residences, as regulated in Section 10.82.
  2. Campgrounds within public parks.
  3. Cemeteries, crematories, and mausoleums.
  4. Child daycare facilities, when not operated as a home occupation, and as regulated in Section 10.82.
  5. Congregate housing.
  6. Fraternities and sororities.
  7. Golf and country clubs.
  8. Government institutions, municipal buildings, museums, and libraries.
  9. Grouped housing projects.
  10. Hospitals and medical clinics.
  11. Manufactured and mobile home parks, as regulated in Section 10.31.
  12. Nursing homes and similar institutions.
  13. Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to the existing uses and the general public health, safety and welfare.
  14. Parking lots providing off-street parking for a use permitted in a residential zoning district, provided the parking lot is within five hundred (500) feet of the main building of said use.
  15. Public housing units, including multiple-family dwelling units.
  16. Public utilities and essential service utility facilities and structures, as regulated in Section 10.82.
  17. Schools, public and private elementary, middle, and secondary.
4.000 Minimum Lot Area.
The minimum lot area for the R-4, Multiple-Dwelling Residential District, is as follows:
  1. One-Family. Six thousand (6,000) square feet per unit.
  2. Two-Family. Six thousand (6,000) square feet.
  3. Multiple-Family. Ten thousand (10,000) square feet for up to four (4) dwelling units, plus an additional two thousand (2,000) square feet for each dwelling unit in excess of four (4) units.
5.000 Minimum Lot Width.
The minimum lot width for a one-family dwelling unit is fifty (50) feet and shall be measured at the front setback line. The minimum lot width for all other uses in the R-4, Multiple-Dwelling District, is sixty (60) feet, measured at the front setback line.
6.000 Yards and Setbacks.
The minimum yard and setback requirements for the R-4, Multiple-Family Dwelling District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of twenty-five (25) feet.
  2. Side Yard Setback.
    1. One- and Two-Family Dwellings. A minimum of six (6) feet.
    2. Multiple-Family Dwellings and All Other Principal Buildings and Uses. Ten percent (10%) of lot width, provided the side yard is a minimum of ten (10) feet or a maximum of thirty (30) feet.
      In addition to the above side yard setback requirement, all principal structures exceeding thirty-five (35) feet in height shall provide an increase in the side yard setback equal to one (1) foot for each four (4) feet of building height in excess of thirty-five (35) feet.
      Two (2) side yards shall be required for each zoning lot.
  3. Rear Yard Setback.
    1. One- and Two-Family Dwellings. A minimum of twenty-five (25) feet.
    2. Multiple-Family Dwellings and All Other Principal Buildings and Uses. Twenty-five percent (25%) of lot depth, provided the yard is a minimum of twenty-five (25) feet or a maximum of seventy-five (75) feet.
  4. Transitional Yard. None required.
  5. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line.
  6. Parking. Except for the property's driveway, all parking surfaces shall be set back a minimum of three (3) feet from any property line.
Not more than thirty-five percent (35%) of the required front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
7.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on a zoning lot in the R-4, Multiple-Dwelling District shall not exceed thirty-five percent (35%).

Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard.
8.000 Maximum Floor Area Ratio.
No restriction.
9.000 Maximum Building Height.
The maximum building height in the R-4, Multiple-Dwelling District, is forty-five (45) feet. Accessory structures shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exemptions.
10.000 Minimum Structural Requirements.
The following shall be minimum structural requirements in the R-4, Multiple-Family Dwelling District:
  1. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code.

10.17 : R-T Residential Transition District.

1.000 Purpose.
The R-T, Residential Transitional District, is intended to provide locations for limited residential development. It is intended to serve as an area of transition between residential development and commercial and industrial development and to provide for the orderly and efficient use of property. The district is not intended to allow the development of residential uses on vacant property when such property is designated by the City Land Use Plan as developing non-residential uses.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the R-T, Residential Transitional District:
  1. A. Existing one-family dwellings.
  2. B. Existing two-family dwellings.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the R-T, Residential Transition District, subject to the regulations for conditional uses set forth in Section 10.92 of this Chapter.
  1. Public utilities and essential service utility facilities and structures, as regulated in Section 10.82.
4.000 Minimum Lot Area.
The minimum lot area for the R-T, Residential Transition District, is as follows:
  1. One-Family. Six thousand (6,000) square feet.
  2. Two-Family. Eight thousand (8,000) square feet.
  3. Prior Recorded Lots. Lots recorded prior to the effective date of this Chapter may have a minimum area of five thousand five hundred (5,500) square feet.
5.000 Minimum Lot Width.
The minimum lot width for the R-T, Residential Transition District, is sixty (60) feet, measured at the front setback line. Lots recorded prior to the effective date of this Chapter may have a minimum lot width of fifty (50) feet.
6.000 Yards and Setbacks.
The minimum yard and setback requirements for the R-T, Residential Transition District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of thirty (30) feet.
  2. Side Yard Setback.
    1. Dwellings. A minimum of six (6) feet.
      Two (2) side yards shall be required for each zoning lot.
  3. Rear Yard Setback.
    1. Dwellings. A minimum of twenty-five (25) feet.
  4. Transitional Yard. None required.
  5. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line.
  6. Parking. Except for the property's driveway, all parking surfaces shall be set back a minimum of three (3) feet from any property line.
Not more than thirty-five percent (35%) of the required front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
7.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on a zoning lot in the R-T, Residential Transition District, shall not exceed thirty percent (30%).

Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard.
8.000 Maximum Floor Area Ratio.
None required.
9.000 Maximum Building Height.
The maximum building height in the R-T, Residential Transition District, is thirty (30) feet. Accessory structures shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exemptions.
10.000 Minimum Structural Requirements.
The following shall be minimum structural requirements in the R-T, Residential Transition District:
  1. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code.

10.18 : OR Office-Residential District.

1.000 Purpose.
The OR, Office-Residential District, is designed and intended to provide for medium-high density development at strategic locations and encourage an optimum mix of office, institutional, and residential uses.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the OR, Office-Residential District. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of materials, products, and equipment:
  1. Child daycare facilities, as regulated in Section 10.82. Playgrounds may be unenclosed.
  2. Churches or places of religious worship, parish houses, rectories, and convents.
  3. Clubs and lodges, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
  4. Community centers.
  5. Congregate housing.
  6. Dental and medical clinics and laboratories.
  7. Dwellings, one-, two-, and multiple-family.
  8. Fraternities and sororities.
  9. Libraries, museums, auditoriums, art galleries, or other cultural institutions.
  10. Music studios.
  11. Nursing homes.
  12. Parking lots (need not be enclosed).
  13. Parks, playgrounds, tennis courts, and swimming pools.
  14. Professional service offices.
  15. Rehabilitation centers for handicapped persons.
  16. Schools, public and private elementary, middle, and secondary.
  17. Universities and colleges, including residence halls and dormitories.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the OR, Office-Residential District. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
  1. Bed and breakfast establishments as regulated in Section 10.82.
  2. Emergency shelters.
  3. Government institutions.
  4. Grouped Housing Projects.
  5. Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
  6. Public utilities and essential service utility facilities and structures, as regulated in Section 10.82.
4.000 Minimum Lot Area.
The minimum lot area in the OR, Office-Residential District, is ten thousand (10,000) square feet, plus an additional six hundred (600) square feet of lot area for each dwelling unit in excess of six (6) units.
5.000 Minimum Lot Frontage.
The minimum lot frontage in the OR, Office-Residential District, shall be not less than eighty (80) feet.
6.000 Yards and Setbacks.
The minimum yard and setback requirements for the OR, Office-Residential District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of twenty (20) feet.
  2. Side Yard Setback.
      1. All Buildings. A minimum of five (5) feet.
      Two (2) side yards shall be required for each zoning lot.
  3. Rear Yard Setback.
    1. All Buildings. A minimum of ten (10) feet.
  4. Transitional Yard. A transitional yard shall be provided anywhere a OR, Office Residential District, abuts a Residential District. The yard shall conform to the following requirements:
    1. The dimensions of the required transitional yard on the property located in the OR district shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.
    2. The transitional yard shall extend the entire length of the abutting Residential District boundary.
    3. The transitional yard shall not be less than a yard required in the Office-Residential District.
    4. The transitional yard shall not be required to be more than twenty (20) feet in depth.
    5. The transitional yard shall be landscaped in conformance with Section 10.88.
    6. Refer to Subdivision 11 for additional requirements.
  5. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line.
  6. Parking. Except for the property's driveway, all parking surfaces shall be set back a minimum of three (3) feet from any property line.

    Single Family and Two Family.
    Not more than thirty-five percent (35%) of the front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.

    Multiple Family and Professional Service Offices.
    Not more than thirty-five percent (35%) of the required front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
7.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on a zoning lot in the OR, Office-Residential District, shall not exceed sixty percent (60%) of the lot area.

Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard.
8.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the OR, Office-Residential District, shall not exceed 2.5.
9.000 Maximum Building Height.
The maximum building height in the OR, Office-Residential District is forty-five (45) feet. Accessory structures shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exemptions to these restrictions.
10.000 Minimum Structural Requirements.
The following shall be minimum requirements in the OR, Office-Residential District:
  1. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code.
11.000 Additional Requirements
A transitional buffer block of equal or lesser development density and similar height characteristics shall be provided where property in an Office Residential District abuts a subdivision containing residential uses that are located in an Office Residential or other Residential District. The following shall apply to the regulation of a transitional buffer block:
  1. A transitional buffer block shall be required in all Office Residential subdivisions that are subdivided or resubdivided after June 1, 2003. Subdivisions or development plans that received Council approval by resolution or by agreement prior to June 1, 2003 shall be regulated under the standards in effect at the time of subdivision or development approval and uses within the subdivision shall not be considered nonconforming as defined and regulated by this Chapter.
  2. A transitional buffer block shall not be required within a subdivision, but shall be required where two subdivisions are adjacent or contiguous. The term “subdivision” is defined by Section 10.11, Subdivision 27. “Adjacent or contiguous” is defined in Section 10.02, Subdivision 3, but for the purposes of this Subdivision two subdivisions shall be considered adjacent or contiguous if separated by a public or private street.
  3. The term “block” is defined by Section 11.02, Subdivision 2. For the purposes of this Subdivision, a “street” within the definition of “block” shall include private roadways that function as joint access to a residential development. Outlots that are located along the subdivision boundary shall be considered part of the “block” for the purposes of this Subdivision.
  4. A transitional buffer block shall be located along the entire subdivision boundary of the adjacent residential block(s). The transitional buffer block shall consist of uses and/or open spaces that conform to this Subdivision.
  5. Residential uses within the transitional buffer block shall be developed to an equal or lesser density as the adjacent residential block. In no case, shall this provision reduce the density of the transitional buffer block below the net permitted density that is defined by the minimum lot area in the R-1, One-Family Dwelling District.
  6. The number of dwelling units in each dwelling located in the transitional buffer block shall be equal to or less than the average number of dwelling units in the dwellings located in the abutting residential block.
  7. The area and dimension of the transitional buffer block shall be at least equal to the area and dimension of the adjacent residential block. In no case, shall this provision require a transitional buffer block that would be greater in area or dimension than a residential block resulting from the application of the zoning standards in the R-1, One-Family Dwelling District. The maximum depth of the transitional buffer block shall not be required to be greater than 130 feet as measured between the subdivision boundary and the block boundary.
  8. Environmentally sensitive areas, defined as slopes in excess of 10 degrees for the purposes of this Subdivision, and public parks shall be considered conforming “open spaces” and may be considered a transitional buffer block if said slopes or parks are located along all or part of the subdivision boundary and are equal to or greater in area and dimension as the abutting residential block as specified in (7) above. The slope or park may be located in the abutting residential block or within the subdivision required to provide a transitional buffer block.
  9. Structures in the transitional buffer block shall be at an equal or lesser building height as found in the adjacent residential block. If the adjacent residential block is vacant, the maximum building height in the transitional buffer block shall be equal to or less than the heights of structures depicted on the approved plans submitted for the development of the adjacent residential block. If no such plans were submitted for the adjacent vacant residential block, the maximum permitted building height shall conform to Section 10.18, Subdivision 9.
  10. Where non-residential uses are proposed for the transitional buffer block, the uses shall be developed at a similar floor area ratio and building height as found in the abutting residential block. A transitional yard shall be provided per Section 10.18, Subdivision 6 and parking areas screened in conformance with Section 10.88, Subdivision 5.

10.19-10.20 : Reserved.


10.20a : Part III. Institutional Overlay District.


10.21 : IO Institutional Overlay District.

1.000 Purpose.
To provide an overlay district relating to medical services and higher education facilities and to promote cooperative planning among larger institutional uses, the City government, and neighboring property owners.
2.000 Application.
Within any residential zoning district, the expansion or establishment of any medical service, higher education, or other institutional use which comprises, or will comprise, more than fifty thousand (50,000) square feet of cumulative building area shall only be allowed by the establishment of an Institutional Overlay District. Once established, the use of property within the district shall conform to this Section and the approved development plan.
3.000 Permitted Uses.
Within the Institutional Overlay District, the following are permitted uses. Every use shall be operated in its entirety, within a completely enclosed structure, including the storage of all materials, products, and equipment:
  1. Antennas exceeding fifty (50) feet in height.
  2. Chapels, seminaries, convents, and other religious uses.
  3. Dormitories for students of permitted colleges and universities.
  4. Dormitories for students of permitted medical education facilities.
  5. Fraternities and sororities.
  6. Helicopter landing pads.
  7. Hospitals.
  8. Medical education facilities.
  9. Medical clinics.
  10. Nursing homes.
  11. Outpatient lodging facilities.
  12. Universities and colleges.
  13. Other uses determined by the Planning Agency to be of the same general character as the permitted uses above and found not to be detrimental to the general public and welfare.
4.000 Accessory Uses.
The following uses may be permitted within the Institutional Overlay District provided the use is subordinate to and serves a permitted use within the district. Every use shall be operated in its entirety, within a completely enclosed structure, including the storage of all materials, products, and equipment:
  1. Pharmacies, cafeterias, student centers, gift or floral services, and dispensaries of surgical supplies, provided that such uses are operated subordinate to the permitted use, are contained within the same building as the principal use, and such use is not advertised on the exterior.
  2. Accessory uses customarily incidental to uses permitted in Subdivision 3 of this Section.
  3. Off-street parking as required by Section 10.85.
5.000 Minimum Lot Area Requirement.
All uses shall be located on a lot having a minimum area of twenty-two thousand (22,000) square feet.
6.000 Yards and Setbacks.
The minimum yard and setback requirements for the Institutional Overlay District, are as follows:
  1. Front Yard Setback.
    1. All Buildings. A minimum of thirty (30) feet.
    2. Surface Parking. A minimum of ten (10) feet.
  2. Side Yard Setback.
    1. All Buildings. A minimum of thirty (30) feet.
    2. Surface Parking. A minimum of ten (10) feet.
  3. Rear Yard Setback.
    1. All Buildings. A minimum of thirty (30) feet.
    2. Surface Parking. A minimum of ten (10) feet.
7.000 Maximum Ground Coverage.
Sum total of the ground area covered by all impermeable surfaces (parking lots and buildings) shall not exceed eighty percent (80%) of the lot area.
8.000 Maximum Building Height.
Maximum building height shall be seventy-five (75) feet.
9.000 Building Design and Construction.
All buildings and structures in the IO, Institutional Overlay District, shall meet the following building design and construction standards:
  1. Exterior Wall Finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials:
    1. Face brick.
    2. Natural stone.
    3. Precast concrete panels or units if the surfaces have been integrally treated with an applied decorative material or texture.
    4. Other materials as approved by the Planning Agency.
  2. Additions and Accessory Buildings. All subsequent additions to a principal building, and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.
10.000 Off-Street Parking and Loading.
The number of required off-street parking stalls and loading spaces shall conform to Section 10.85.
11.000 General Requirements for Overlay District Designation.
An Institutional Overlay District may be established by the City Council after a development plan has received a recommendation from the Planning Commission. The district shall only be allowed in the OR, Office Residential District, and the O, Office District. The consideration of the rezoning to an OR or an O district, if necessary, and the establishment of an Institutional Overlay District shall follow the procedures outlined in Section 10.93, Planned Unit Developments, and Section 10.98, Amendments. A request for rezoning and the establishment of the district shall be reviewed concurrently.

In addition to the plans and information required in Section 10.93, the application for district designation shall include the following:
  1. Development plans for the entire proposed district, including the boundaries of the proposed district and the ownership of the land therein.
  2. The general location and approximate square footage of all existing and proposed future structures and uses intended. Applicable information, such as number of beds, number of tenant sleeping rooms, number of physicians, number of employees on a major shift, and/or seating capacities, shall also be indicated in order to determine required parking spaces and traffic circulation impacts.
  3. The location and capacity of all off-street parking spaces, including loading spaces.
  4. Internal property traffic circulation plans, including traffic ingress and egress locations.
  5. Traffic study detailing impact on surrounding streets.
  6. Drainage and utility information.
  7. Landscaping and exterior lighting plans.
  8. Concept plan for the development of other property in the vicinity of the district when said property is under the ownership of the applicant or is likely to be purchased by the applicant in the near future.

10.22-10.30 : Reserved.


10.30a : PART IV. MOBILE HOMES.


10.31 : Mobile Home Parks.

1.000 Permits.
It is unlawful for any person to construct, alter, or extend any mobile home park or structures within the park that are permanent in nature within the limits of the city unless he/she holds a valid permit issued by the Building Inspector in the name of such person for the specific construction, alteration or extension proposed, where permanent means structures that are not on wheels or mobile.
  1. All applications for permits shall contain the following:
    1. Name and address of applicant.
    2. Location and legal description of the mobile home park.
    3. Complete engineering plans and specifications of the proposed park showing but not limited to the following:
      1. The area and dimensions of the tract of land; topography sketch of land.
      2. The number, location and size of all mobile home lots.
      3. The location and width of roadways and walkways.
      4. The location of water and sewer lines and riser pipes.
      5. Plans and specifications of the water supply and refuse and sewage disposal facilities.
      6. Plans and specifications of all buildings constructed or to be constructed within the mobile home park.
      7. The location and details of lighting and electrical system.
  2. All applications for a permit shall be accompanied by a fee which shall be based on total valuation of the work to be done. Such fees shall be in accordance with established building permit fees required in the city.
  3. The Planning Commission may, at the request of the Building Inspector, review all applications for permits which have been forwarded to them by the Building Inspector under the provisions of this Section, and shall be granted a hearing before the Planning Commission. The results of the Planning Commission findings shall be forwarded to the City Council for their review and action.
  4. Any person whose application for permit under this Section has been denied may request and shall be granted a hearing on this matter before the Planning Commission.
2.000 Licenses.
  1. License Required. It is unlawful for any person to operate any mobile home park within the limits of the city unless he/she holds a valid license issued annually by the Council in the name of such person for the specific mobile home park. All applications for licenses shall be made to the Council. The Council shall issue a license upon compliance by the applicant with provisions of this section.
  2. License Transfer. Every person holding a license shall give notice in writing to the Building Inspector within seventy-two (72) hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home park. Such notice shall be made to the Building Inspector to include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application in writing for transfer of the permit, the permit shall be transferred.
  3. License Fee. Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee in an amount established by resolution of the City Council, and shall contain:
    1. The applicant's name and address.
    2. The location and legal description of the mobile home park.
    3. A situation of the mobile home park showing all mobile home lots, structures, roads, walkways, and other service facilities. Applications for renewals of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee in an amount established by resolution of the City Council, and shall contain any change in the information submitted since the original license was issued or the latest renewal granted. (Ord. of 10-12-92; Ord. of 10-13-2003).
  4. Inspection and Suspension. Whenever, upon inspection of any mobile home park, the Building Inspector finds that conditions or practices exist which are in violation of any provision of this Section, the Building Inspector shall give notice in writing to the person to whom the license was issued that conditions or practices shall be corrected within a thirty (30) day period of time specified in the notice by the Building Inspector. At the end of such period of time the Building Inspector shall reinspect such mobile home park and, if such conditions or practices have not been corrected, the Council and the City Clerk will give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park.
3.000 Inspection of Mobile Home Park.
The Building Inspector is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Section. The Building Inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Section, and he/she shall have the power to inspect the register containing a record of all residents of the mobile home park. It shall be the duty of the park management to give the Building Inspector free access to all lots at reasonable times for the purpose of inspection. It shall be the duty of every occupant of a mobile home park to give the owner thereof or his/her agent or employee access to any part of such mobile home park at reasonable times for the purposes of making such repairs or alterations as are necessary to effect compliance with this Section.
4.000 Notices, Hearings, and Orders.
  1. Notice. Whenever the Building Inspector determines that there has been a violation of any provision of this Section, the Building Inspector shall give notice of such alleged violation to the person to whom the permit or license was issued, as hereinafter provided. Such notice shall:
    1. Be in writing.
    2. Include a statement of the reasons for its issuance.
    3. Allow thirty (30) days for the performance of any act it required. If work cannot be completed in the thirty (30) day period, extensions may be granted if reasons for hardship do prevail and can be verified.
    The notice shall be served upon the owner or his/her agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his/her last known address, or when he/she has been served with such notice by any method authorized or required by the laws of this State.
  2. Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Section, may request and shall be granted a hearing of the same before the Board of Adjustments and Appeals.
  3. Orders. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he/she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this Section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. The provisions shall be applicable to such hearing and the order issued thereafter.
5.000 Environmental, Open Spaces, and Access Requirements.
  1. General Requirements. Conditions of soil, ground water level, drainage and topography shall not create hazards to the property or the health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable or sudden flooding. These provisions shall not apply to existing mobile home courts until twenty (20) years after the effective date of this Section.
  2. Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone, screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
  3. Site Drainage Requirements. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
  4. Certain Provisions. No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. Nothing contained in this Section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. No such nonconforming use as provided in this Section may be continued for more than five (5) years after the effective date of this Section.
  5. Required Separation Between Mobile Homes.
    1. Mobile homes shall be separated from each other and from other buildings and structures by at least fifteen (15) feet. Mobile homes placed end-to-end must have a minimum clearance of ten (10) feet.
    2. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak and porch which has a floor exceeding twenty-five (25) feet and has an opaque top or roof shall, for purposes of all separation requirements, be considered to be part of the mobile home.
    3. Minimum lot sizes shall not be less than four thousand (4,000) square feet with a maximum lot coverage of twenty-five percent (25%) or less of the total lot area. Where minimum lot sizes are five thousand (5,000) square feet or more, lot coverage may be increased to a maximum of thirty percent (30%) of the total lot coverage.
  6. Required Recreation Areas. Provisions for park recreation areas shall come under the Zoning Chapter of the City Code.
  7. Required Setbacks, Buffer Strips, and Screening.
    1. All mobile homes shall be located at least twenty-five (25) feet from any property boundary line abutting upon a public street or highway and at least fifteen (15) feet from other property boundary lines.
    2. There shall be a minimum distance of ten (10) feet between the mobile home stand and abutting park street.
    3. All mobile home parks located adjacent to recreational or commercial land uses shall provide screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses, and shall be maintained in a neat and orderly fashion.
  8. Park Street System and Car Parking.
    1. General Requirements. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways, or other means.
    2. Park Entrance. Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of one hundred (100) feet from its point of beginning.
    3. Internal Streets. Surface roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:
      1. All streets except minor streets shall be twenty (20) feet in width from face of curb to face of curb. Streets without curb shall be considered minor streets.
      2. Dead-end streets shall be limited in length to five hundred (500) feet and shall be provided at the closed end with a turn around having an outside roadway diameter of at least sixty (60) feet. All dead-end streets shall be marked with approved signs at the entrance to the dead-end streets.
      3. Minor streets may be sixteen (16) feet in width from face of curb to face of curb (acceptable only if less than five hundred (500) feet long and serving less than twenty-five (25) mobile homes or of any length if mobile home lots abut on one side only).
    4. Car Parking. Off-street parking areas or on-street parking lanes shall be provided for the use of park occupants and guests. Such areas shall:
      1. Be furnished at a rate of at least two (2) car spaces for each mobile home lot.
      2. Be located within a distance of two hundred (200) feet from the mobile home to be served, unless other vehicular access is provided. The minimum street width requirement under Subsection (H) above shall be increased by eight (8) feet if on-street parking is the only type of car parking provided in a mobile home park.
    5. Required Illumination of Park Street System. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
      1. All parts of the park street system: 0.6 footcandle.
      2. Potentially hazardous locations, such as major street intersections and steps or stepped ramps: individually illuminated, with a minimum of 0.6 footcandle.
    6. Street Construction and Design Standards.
      1. Pavements. All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained, free of cracks, holes and other hazards.
      2. Grades. Longitudinal grades of all streets shall range between 0.4% and 8.00%. Transverse grades (crown) of all streets shall be sufficient to insure adequate transverse drainage. If conditions warrant an adequate storm sewer system shall be provided to dispose of all run-off water. The storm sewer system may be connected to existing city storm system upon city approval.
      3. Intersections. Within fifty (50) feet of an intersection, streets shall be at right angles. A distance of at least eighty-five (85) feet shall be maintained between the center lines of offset intersection streets. Intersections or more than two streets at one point shall be avoided.
  9. Walks.
    1. General Requirements. All parks shall be provided with safe convenient all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
    2. Common Walk System. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four and one-half (4 1/2) feet.
    3. Individual Walks. All mobile homes shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet.
6.000 Water Supply.
An accessible, adequate, safe, and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available at the site or at the boundary of the site, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply system is not available, a private water supply system may be developed and used as approved by the State of Minnesota until such time as a public supply system becomes available.
7.000 Sewage Disposal.
An adequate and safe sewerage system shall be provided in all mobile home parks for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with State and Local laws.
8.000 Service Buildings and Other Community Service Facilities.
  1. General. The requirements of this Subdivision shall apply to service buildings, recreation buildings, and other community service facilities such as:
    1. Management offices, repair shops and storage areas.
    2. Sanitary facilities.
    3. Laundry facilities.
    4. Indoor recreation areas.
    5. Commercial uses supplying essential goods or services for the exclusive use of park occupants.
  2. Structural Requirements for Buildings. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.
  3. Barbecue Pits, Fireplaces, Stoves, and Incinerators. Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisances both the property on which used and on neighboring property. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
9.000 Refuse Handling.
The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards, or air pollution.
10.000 Insect and Rodent Control.
Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the City Health Code. Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one (1) foot above ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
11.000 Fuel Supply and Storage.
Natural gas piping systems, liquefied petroleum gas systems, and all fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
12.000 Fire Protection.
Mobile home parks shall be kept free of litter, rubbish, and other flammable material. Portable fire extinguishers rated for Classes A, B, and C fires shall be kept visible in service buildings and at other locations conveniently and readily accessible for use by all of the occupants and shall be maintained in good operating condition. Their capacity shall be not less than 2.5 gallons for Class A extinguishers and five (5) pounds carbon dioxide or ten (10) pounds dry powder for Class B and C extinguishers. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Fire hydrants shall be installed if the park water supply system is capable to serve them in accordance with the following requirements:
  1. The water supply system shall permit the operation of a minimum of one and one-half (1 1/2) inch hose streams.
  2. Fire hydrants, if provided, shall be located within five hundred (500) feet of any mobile home, service buildings or other structure in the park.
13.000 Responsibilities of the Park Management.
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this Section and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. The park management shall notify park occupants of all applicable provisions of this Section and inform them of their duties and responsibilities under this Section.
14.000 Existing Nonconforming Uses.
Any lawful nonconforming use of land existing at the date of enactment of this Section may be continued, except that any nonconforming use or buildings may not be:
  1. Changed to another nonconforming use.
  2. Re-established after discontinuance for one (1) year if it involves a substantial building; or after discontinuance for any period in other cases.
  3. Extended. v D. Rebuilt after damage exceeding fifty percent (50%) of its assessed market value.

10.32-10.40 : Reserved.


10.40a : PART V. COMMERCIAL DISTRICTS.


10.41 : General Requirements.

1.000 Accessory Uses and Structures.
Accessory uses and structures, including surface parking lots and parking structures or garages, are permitted in the Commercial Districts subject to the regulations of Sections 10.81 and 10.85.

Accessory enclosed and unenclosed parking for principal uses shall be permitted in all Commercial Districts.
  1. Accessory Seasonal Unenclosed Uses. The unenclosed accessory sale and display of cut Christmas trees, wreaths, tree branches, pine cones, holly, and related plant items during the months of November and December, and the unenclosed sale and display of plants and garden supplies during the months of April, May, and June shall be permitted as an accessory use, provided that the sale and display is conducted in connection with the operation of an existing retail use in the B-1, B-2, or B-3 zoning districts, and the area used for the unenclosed sale and display does not exceed twenty percent (20%) of the area of the parcel containing buildings or use more than twenty percent (20%) of the required parking area.
2.000 Compliance with Applicable Regulations.
Any use established in a Commercial District after the effective date of this Chapter shall be so operated as to comply with all applicable local, state, and federal standards for such uses, including but not limited to, the control for noise, vibration, air pollution, fire and explosive hazards, toxic substances, water pollution and glare.
3.000 Off-Street Parking and Loading.
Off-street parking and loading facilities shall be provided for the Commercial Districts in accordance with the regulations set forth in Sections 10.85 and 10.86 of this Chapter.

In the CBD-C, Central Business District-Core, there shall be no off-street parking requirement for permitted uses. In the CBD-F, Central Business District-Fringe, the off-street parking requirement for permitted uses shall be one-half (1/2) of the parking requirements contained in Section 10.85. However, as part of the approval for a conditional use permit in the CBD-C and CBD-F, the City Council may require off-street parking to be provided in partial or total conformance with the requirements of Section 10.85. In lieu of required parking spaces in the CBD-C and CBD-F, a payment may be made to the City parking fund or other authorized parking fund. The in-lieu payment per parking space shall be determined by the Council on a yearly basis with the same procedure required for all assessments. Requests for payment in-lieu of required parking spaces must be made to the Council through the City Planning Commission. The determination to allow a payment in-lieu of required parking will be made by the Council and shall be based on available municipal parking facilities within five hundred (500) feet of the use and the total City parking system in general.
4.000 Landscaping and Screening.
Landscaping and screening shall be provided for the Commercial Districts in accordance with the regulations set forth in Section 10.88 of this Chapter.
5.000 Signs.
Signs in the Commercial Districts shall comply with the applicable sign regulations set forth in Section 10.87 of this Chapter.
6.000 Performance Standards.
Requirements relating to performance standards in the Commercial Districts are set forth in Section 10.89 of this Chapter. All uses, either permitted or conditional, shall be operated in their entirety within a completely enclosed building. The unenclosed storage of materials, equipment, and products outside of completely enclosed buildings is prohibited unless explicitly allowed within the district standards and per Section 10.82.
7.000 Site Plan Review.
Applications for development approval for properties located in the commercial districts shall be subject to Site Plan Review in accordance with the requirements of Section 10.90 of this Chapter.
8.000 General Provisions.
Refer to Part IX, Standards for General Applicability, for additional standards and exceptions.
9.000 Planned Unit Development.
A planned unit development plan may be submitted for consideration by the City Council for any property located in the Commercial Zoning Districts. Refer to Section 10.93 for submittal requirements and development standards.
9.000 Urban Design Guidelines.
The following shall apply to development proposals and plans submitted after the adoption of this Section (7-10-2000).
  1. New Development. Development plans for new development on vacant parcels shall be required to demonstrate conformance to the General Design Principles and Recommendations and/or General Site Development Guidelines of the Urban Design Framework Manual.
  2. Existing Development. Development and structures that exist before the adoption of this Subdivision shall not be considered nonconforming under this Subdivision and shall be permitted to continue and expand in a manner consistent with existing conditions, designs, and approvals granted under this Chapter.
  3. Redevelopment.
    1. When the principle use of property changes and is accompanied by a change in the ground coverage of existing buildings or structures, development plans shall demonstrate conformance to the General Design Principles and Recommendations and General Site Development Guidelines of the Urban Design Framework Manual. The Site Plan Review Committee and/or Planning Agency may grant or recommend variances from this Subdivision, as appropriate, when it is determined that practical hardships exist because of site conditions or the character of other structures in the vicinity.
    2. Redevelopment plans that include demolition of the existing principle structure to an extent of 50 percent or more of the floor area shall be considered new development and shall be subject to Subdivision 10A above.

10.42 : O-Office District.

1.000 Purpose.
The O-Office District is established to provide for low density office uses under exemplary standards that assist in making such developments compatible with adjacent high quality commercial and residential uses.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the O-Office District. Every use shall be operated in its entirety, within a completely enclosed structure, including the storage of all materials, products, and equipment:
  1. Banks, savings and loans, and financial services.
  2. Dental, medical, optical clinics, and laboratories.
  3. Professional service offices of any type.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the O-Office District. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
  1. Drive-in facilities, accessory to a principal use.
  2. Essential service utility structures and facilities, per Section 10.82.
  3. Surface parking lots and parking structures or garages, when not accessory to a permitted or conditional use.
  4. Other uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
4.000 Minimum Lot Area.
The minimum lot area in the O-Office District, is ten thousand (10,000) square feet.
5.000 Minimum Lot Frontage.
The minimum lot frontage in the O-Office District, is one hundred (100) feet.
6.000 Yards and Setbacks.
The yard and setback requirements for the O-Office District, are as follows:
  1. Front Yard Setback. There shall be provided a twenty (20) foot front yard setback to a parking surface and/or any portion of a building.
  2. Side Yard Setback. There shall be provided a five (5) foot side yard setback to a parking surface and/or any portion of a building. Two (2) side yards are required.
  3. Rear Yard Setback. There shall be provided a ten (10) foot rear yard setback to any portion of a building and a six (6) foot setback to a parking surface.
  4. Transitional Yard. A transitional yard shall be provided anywhere an O-Office District, abuts a Residential District. The yard shall conform to the following requirements:
    1. The dimensions of the required transitional yard on the property located in the O-Office District shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.
    2. The transitional yard shall extend the entire length of the abutting Residential District boundary.
    3. The transitional yard shall not be less than a yard required in the O-Office District.
    4. The transitional yard shall not be required to be more than twenty (20) feet in depth.
    5. The transitional yard shall be landscaped in conformance with Section 10.88.
7.000 Maximum Lot Coverage.
The maximum lot coverage on a lot in the O-Office District, is sixty percent (60%) of the lot area.
8.000 Building Design and Construction.
All buildings and structures in the O-Office District, shall meet the following building design and construction standards:
  1. Exterior Wall Finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials:
    1. 1. Face brick.
    2. Natural stone.
    3. Precast concrete panels or units if the surfaces have been integrally treated with an applied decorative material or texture.
    4. Other materials as approved by the Planning Agency.
  2. Additions and Accessory Buildings. All subsequent additions to a principal building, and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.
9.000 Maximum Building Height.
The maximum building height in the O-Office District, is twenty-five (25) feet.

10.43 : CBD-C Central Business District-Core.

1.000 Purpose.
The CBD-C, Central Business District-Core, is designed and intended to provide locations in the downtown core area of the city for high density shopping and business developments on compact sites, stressing pedestrian orientation and access.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the CBD-C, Central Business District-Core. Every use shall be operated in its entirety, within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Antique shops.
    B. Apparel stores.
    C. Appliance stores.
    D. Art galleries, including commercial display and sales.
    E. Art schools and studios.
    F. Art supply stores.
    G. Banks and savings and loans, including drive-ins.
    H. Barber and beauty shops.
    I. Blueprinting and photostating.
    J. Book stores, not including the accessory sale, rental, or exhibition of movies or video tapes, or any other exhibition, either live or recorded.
    K. Business machine stores.
    L. Camera and photographic supplies.
    M. Candy, ice cream, and confectionery stores.
    N. Catalog and mail order houses.
    O. Caterers.
    P. Churches or places of religious worship.
    Q. Dance studios.
    R. Dental and medical clinics and laboratories.
    S. Department and variety stores.
    T. Drug stores.
    U. Floral sales.
    V. Furniture and home furnishings stores.
    W. Gifts, novelties, and souvenir stores.
    X. Grocery stores.
    Y. Hardware stores.
    Z. Health equipment and sporting goods stores.
    AA. Hobby shops.
    BB. Interior decorators.
    CC. Jewelry stores.
    DD. Liquor stores (off-sale).
    EE. Locksmiths.
    FF. Luggage stores.
    GG. Music stores, including accessories and studios.
    HH. Newsstands and newspaper printing.
    II. Optical goods.
    JJ. Opticians.
    KK. Painting and wallpaper stores.
    LL. Photo studio and picture processing.
    MM. Professional service offices.
    NN. Radio and television broadcasting, excluding transmitters.
    OO. Retail bakeries.
    PP. Shoe repair shops.
    QQ. Stationery stores.
    RR. Tailor and dressmaking shops.
    SS. Telephone exchanges.
    TT. Theaters, excluding drive-ins.
    UU. Theatrical studios.
    VV. Toy stores.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be permitted in the CBD-C, Central Business District-Core. Conditions of approval for conditional uses may include requirements to provide off-street parking facilities in partial or total conformance with Section 10.85. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Apartments, only when located above the ground floor.
    B. Convention and civic centers.
    C. Drive-in facilities, accessory to a principal use, unless already specifically permitted above.
    D. Essential service utility structures and facilities, per Section 10.82.
    E. Government institutions.
    F. Hotels and motels.
    G. Shopping malls.
    H. Surface parking lots and parking structures or garages, when not accessory to a permitted use.
    I. Restaurants, including drive-thru and carry-out, bars, and other eating and non-alcoholic drinking establishments, including unenclosed seating and servicing areas, as regulated in Section 10.82.
    J. Schools, public and private elementary, middle, secondary, and post-secondary.
    K. Other commercial and residential uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
4.000 Minimum Lot Area.
The minimum lot area in the CBD-C, Central Business District-Core, is six thousand (6,000) square feet.
5.000 Minimum Lot Frontage.
The minimum lot frontage in the CBD-C, Central Business District-Core, is forty-four (44) feet.
6.000 Yards and Setbacks.
None required. Structures may encroach into the required sight triangle as defined by Section 12.71, Subd. 5, provided the structure location does not unduly restrict vehicular or pedestrian sight distances.
    A. Transitional Yard. A transitional yard shall be provided anywhere a CBD-C, Central Business District-Core, abuts a Residential District. The yard shall conform to the following requirements:
      1. The dimensions of the required transitional yard on the property located in the CBD-C district shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.

      2. The transitional yard shall extend the entire length of the abutting Residential district boundary.

      3. The transitional yard shall not be required to be more than ten (10) feet in depth.

      4. The transitional yard shall be landscaped in conformance with Section 10.88.

7.000 Maximum Ground Coverage.
No restriction.
8.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the CBD-C, Central Business District-Core, is 4.0.
9.000 Floor Area Bonus Incentives.
In order to encourage and attract facilities and amenities which are of public benefit and deemed desirable by the Planning Agency and the City Council, floor area bonus incentives shall be available to all developments within the CBD-C, Central Business District-Core. The bonus incentives provide for an incremental increase in the floor area ratio of a development in exchange for the inclusion of one (1) or more of the public benefit features listed below. The granting of the bonus incentives shall be determined by the City Council, upon the recommendation of the Planning Agency, provided that each shall first make written findings of fact regarding whether the inclusion of the public benefit has sufficient merit to justify the granting of floor area bonus incentives.
    A. Public Benefits and Corresponding Bonus Incentives. The following benefits and corresponding bonus incentives are available in the CBD-C, Central Business District-Core:
      1. Canopy up to 0.50
      2. Consolidated freight loading up to 1.50
      3. Elevated pedestrian walkways up to 1.00
      4. Interior arcade up to 0.50
      5. Passenger loading up to 0.75
      6. Plaza or open space up to 1.50
      7. Street arcade up to 0.75
      8. Street level landscaped public space up to 1.00
      9. Theaters or public art up to 1.00
    B. Standards for Granting the Bonus Incentives. In reviewing the bonus incentive proposals, the City Council and Planning Agency shall consider the degree to which the following standards are met by the proposed public benefit feature(s) within the overall context of the principal use in which it is offered:
      1. The size or capacity of the facility, feature, or provision.
      2. The degree to which the location of the facility or feature within the structure, or on the site of which it is part, enhances the environment of the zoning district or the street frontage where it is located.
      3. The degree to which the facility or feature enhances economic viability of the zoning district and the City as a whole.
      4. The degree of public accessibility to the facility or feature and the specific nature of the facility or feature.
      5. The quality of design of the facility or feature.
      6. The degree to which the facility or feature enhances and protects the environment of the zoning district and the City as a whole.
      7. The degree to which the facility or feature provides for and protects the public health, welfare, and safety of the residents, employees, and the visitors to the City of Mankato.
10.000 Maximum Building Height.
No restriction.
11.000 Downtown Design District.
Refer to Section 10.51.

10.44 : CBD-F Central Business District-Fringe.

1.000 Purpose.
The CBD-F, Central Business District-Fringe, is designed and intended to provide for high density shopping, business, and business service developments. The district is intended to strengthen and expand the central business district core area by providing for uses not normally found in the CBD-C, Central Business District-Core.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the CBD-F, Central Business District-Fringe. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Uses listed as permitted uses in the CBD-C, Central Business-Core.
    B. Bicycle stores.
    C. Bowling alleys and billiard parlors.
    D. Bus, rail, and airline depots, including ticket offices.
    E. Catalog and mail order services.
    F. Clubs and lodges, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
    G. Dairy product stores.
    H. Dance halls, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
    I. Dry-cleaning, Laundromats, and diaper services.
    J. Funeral homes.
    K. Gunsmiths.
    L. Health clubs or gyms.
    M. Janitorial services.
    N. Laundries, self-service.
    O. Linen supply.
    P. Medical appliance sales and fittings.
    Q. Motorcycles sales.
    R. Museums.
    S. Pet stores.
    T. Printing, publishing, and allied industries.
    U. Scientific and testing laboratories.
    V. Second-hand stores and pawn shops.
    W. Taxidermists.
    X. Upholstery shops.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be permitted in the CBD-F, Central Business District-Fringe. Conditions of approval for conditional uses may include requirements to provide additional off-street parking facilities in excess of the parking standard for the CBD-F district. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Apartments, provided residential uses are limited to not more than fifty percent (50%) of the ground floor. The entire upper floors may be used for residential purposes. At least percent (50%) of the ground floor, including the portion of the building abutting the street frontage, common area, or plaza, shall be devoted to principal non-residential uses permitted in this district.
    B. Auto service stations, as regulated in Section 10.82.
    C. Convenience Stores.
    D. Convention and civic centers.
    E. Drive-in facilities, accessory to a principal use, unless specifically permitted above.
    F. Essential service utility structures and facilities, per Section 10.82.
    G. Government institutions.
    H. Shopping malls.
    I. Surface parking lots and parking structures or garages, when not accessory to a permitted use.
    J. Restaurants, including drive-thru and carry-out, bars, and other eating and non-alcoholic drinking establishments, including unenclosed seating and servicing areas, as regulated in Section 10.82.
    K. Schools, public and private elementary, middle, secondary, and post-secondary.
    L. Other commercial and residential uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
4.000 Minimum Lot Area.
The minimum lot area in the CBD-F, Central Business District-Fringe, is six thousand (6,000) square feet, exclusive of any land held under "air rights" provisions.
5.000 Minimum Lot Frontage.
The minimum lot frontage in the CBD-F, Central Business District-Fringe, is forty-four (44) feet.
6.000 Yards and Setbacks.
None required. Structures may encroach into the required sight triangle as defined by Section 12.71, Subd. 5, provided the building location does not restrict vehicular or pedestrian line of sight disturbances.
    A. Transitional Yard. A transitional yard shall be provided anywhere a CBD-F, Central Business District-Fringe, abuts a Residential District. The yard shall conform to the following requirements:
      1. The dimensions of the required transitional yard on the property located in the CBD-F district shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.
      2. The transitional yard shall extend the entire length of the abutting Residential District boundary.
      3. The transitional yard shall not be required to be more than ten (10) feet in depth.
      4. The transitional yard shall be landscaped in conformance with Section 10.88.
7.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on the zoning lot in the CBD-F, Central Business District-Fringe, shall not exceed seventy-five percent (75%) of the lot area.
8.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the CBD-F, Central Business District-Fringe, is 3.0.
9.000 Floor Area Bonus Incentives.
In order to encourage and attract facilities and amenities which are of public benefit and deemed desirable by the Planning Agency and the City Council, floor area bonus incentives shall be available to all developments within the CBD-F, Central Business District-Fringe. The bonus incentives provide for an incremental increase in the floor area ratio of a development in exchange for the inclusion of one or more of the public benefit features listed below. The granting of the bonus incentives shall be determined by the City Council, upon the recommendation of the Planning Agency, provided that each shall first make written findings of fact regarding whether the inclusion of the public benefit has sufficient merit to justify the granting floor area bonus incentives.
    A. Public Benefits and Corresponding Bonus Incentives. The following benefits and corresponding bonus incentives are available in the CBD-F, Central Business District-Fringe:
      1. Canopy up to 0.50
      2. Consolidated freight loading up to 1.50
      3. Elevated pedestrian walkways up to 1.00
      4. Interior arcade up to 0.50
      5. Passenger loading up to 0.75
      6. Plaza or open space up to 1.50
      7. Street arcade up to 0.75
      8. Street level landscaped public space up to 1.00
      9. Theaters or public art up to 1.00
    B. Standards for Granting the Bonus Incentives. In reviewing the bonus incentive proposals, the City Council and the Planning Agency shall consider the degree to which the following standards are met by the proposed public benefit feature(s) within the overall context of the principal use in which it is offered:
      1. The size or capacity of the facility, feature, or provision.
      2. The degree to which the location of the facility or feature within the structure, or on the site of which it is part, enhances the environment of the zoning district or the street frontage where it is located.
      3. The degree to which the facility or feature enhances economic viability of the zoning district and the City as a whole.
      4. The degree of public accessibility to the facility or feature and the specific nature of the facility or feature.
      5. The quality of design of the facility or feature.
      6. The degree to which the facility or feature enhances and protects the environment of the zoning district and the city as a whole.
      7. The degree to which the facility or feature provides for and protects the public health, welfare, and safety of the residents, employees, and the visitors to the city of Mankato.
10.000 Maximum Building Height.
No restriction.
11.000 Downtown Design District.
Refer to Section 10.51.

10.45 : B-1 Community Business Districts.

1.000 Purpose.
The B-1, Community Business District, is designed to provide for a broad range of retail developments which are adjacent to residential areas. The district will also accommodate office and institutional uses as well as limited light industry.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the B-1, Community Business District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Antique shops.
    B. Apparel stores.
    C. Appliance stores and home electronics stores.
    D. Art galleries, including commercial display and sales.
    E. Art schools and studios.
    F. Art supply stores.
    G. Auction rooms.
    H. Automobile parts stores, not including accessory repair or servicing of motor vehicles or trailers.
    I. Bakeries.
    J. Banks and savings and loans.
    K. Barber and beauty shops.
    L. Book stores.
    M. Bicycle stores.
    N. Blue printing and Photostatting.
    O. Business machine stores.
    P. Camera and photographic supplies.
    Q. Candy, ice cream, and confectionery stores.
    R. Caterers.
    S. Churches and other religious institutions.
    T. Dental, medical, and scientific clinics and laboratories.
    U. Department, discount, and variety stores.
    V. Dressmakers, seamstresses, and tailors.
    W. Drive-in facilities, accessory to a principal use.
    X. Drug stores.
    Y. Dry-cleaning, Laundromats, and diaper services.
    Z. Essential service utility structures and facilities, per Section 10.82.
    AA. Floral sales.
    BB. Funeral homes.
    CC. Furniture stores.
    DD. Garden supply stores and landscape nurseries. Outside display and storage of merchandise is permitted per the restrictions of Section 10.82.
    EE. Gift and souvenir stores.
    FF. Grocery stores.
    GG. Gunsmiths.
    HH. Hardware stores.
    II. Health clubs.
    JJ. Health equipment and sporting goods stores.
    KK. Hobby stores.
    LL. Interior decorators.
    MM. Jewelry stores.
    NN. Laundry, self-service.
    OO. Liquor stores (off-sale).
    PP. Locksmiths.
    QQ. Medical appliance sales and fittings.
    RR. Music stores, including the sale of instruments and recorded music.
    SS. Optical goods.
    TT. Paint and wallpaper stores.
    UU. Parks and playgrounds.
    VV. Photo studios and picture processing and equipment sales.
    WW. Professional service offices.
    XX. Repair, rental, and service shops, provided the sale of the articles repaired, rented, or serviced shall be permitted in the District.
    YY. Schools, public and private elementary, middle, secondary, and post-secondary.
    ZZ. Shoe stores.
    AAA. Stationery and greeting card stores.
    BBB. Ticket agencies and travel bureaus.
    CCC. Toy stores.
    DDD. Veterinarians, including observation kennels for domestic pets, provided that all such kennels are within completely enclosed structures.
    EEE. Video rentals and sales.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the B-1, Community Business District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Any use that exceeds ten thousand (10,000) square feet of gross floor area.
    B. Apartments or dwelling units, when located above the ground floor.
    C. Automobile repair garage, including automobile glass, muffler, tire, and electronics installation.
    D. Automobile sales (new and used), including accessory automobile servicing. Outside display of automobiles is permitted.
    E. Automobile service stations and car washes, as regulated in Section 10.82.
    F. Bowling alleys.
    G. Catalog and mail order houses.
    H. Child daycare facilities, as regulated in Section 10.82.
    I. Clubs and lodges.
    J. Collection of recyclable materials at temporary locations, subject to the special requirements set forth in Section 10.82.
    K. Community centers.
    L. Convenience stores.
    M. Government institutions.
    N. Hotels and motels.
    O. Light manufacturing and assembly, subject to the special requirements set forth below.
    P. Shopping malls.
    Q. 1. Restaurants, including drive-thru and carry-out, and other eating and non-alcoholic drinking establishments, as regulated in Section 10.82. 2. Bars and accessory unenclosed seating and serving areas, as regulated in Section 10.82, and provided the bar is located three hundred (300) feet from a residential zoning district.
    R. Shipping and storage when accessory to a permitted or conditional use. Outside storage may be allowed per the restrictions of Section 10.82.
    S. Surface parking lots and parking structures or garages, when not accessory to a permitted use.
    T. Theaters, excluding drive-ins.
    U. Other commercial and residential uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare.
4.000 Special Requirements for Light Manufacturing and Assembly.
The following special requirements shall apply to light manufacturing and assembly conducted in the B-1, Community Business District.
    A. Outside storage conforming to Section 10.82 may be allowed by a conditional use permit.
    B. Notwithstanding the yard and setback requirements of this Section, light manufacturing and assembly conducted in this District shall be subject to the yard requirements of the PI, Planned Industrial District, Section 10.62.
5.000 Minimum Lot Area.
The minimum lot area in the B-1, Community Business District, is seven thousand (7,000) square feet.
6.000 Yards and Setbacks.
The yard and setback requirements for the B-1, Community Business District are as follows:
    A. Front Yard Setback. There shall be provided a fifteen (15) foot front yard setback to an impervious parking or storage surface and/or any portion of a building.
    B. Side Yard Setback. There shall be provided a three (3) foot side yard setback to an impervious parking or storage surface and a six (6) foot setback to any portion of a building. Two (2) side yards are required.
    C. Rear Yard Setback. There shall be provided a three (3) foot rear yard setback to an impervious parking or storage surface and six (6) feet to any portion of a building.
    D. Transitional Yard. A transitional yard shall be provided anywhere a B-1, Community Business District, abuts a Residential District. The yard shall conform to the following requirements:
      1. The dimensions of the required transitional yard on the property located in the B-1 district shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.
      2. The transitional yard shall extend the entire length of the abutting Residential District boundary.
      3. The transitional yard shall not be less than a yard required in the B-1 district.
      4. The transitional yard shall not be required to be more than twenty (20) feet in depth.
      5. The transitional yard shall be landscaped in conformance with Section 10.88.
7.000 Minimum Street Frontage.
The minimum street frontage in the B-1, Community Business District, shall be one hundred (100) feet.
8.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on the zoning lot in the B-1, Community Business District, shall not exceed fifty percent (50%) of the lot area.
9.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the B-1, Community Business District, is 1.5.
10.000 Building Design and Construction.
All buildings and structures in the B-1, Community Business District, shall meet the following building design and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials:
      1. Face brick.
      2. Factory fabricated and finished metal framed panel construction, glass, prefinished metal (except for unpainted galvanized iron), or plastic.
      3. Natural stone.
      4. Precast concrete panels or units if the surfaces have been integrally treated with an applied decorative material or texture.
      5. Other materials as approved by the Planning Agency.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

10.46 : B-2 General Business District.

1.000 Purpose.
The B-2, General Business District, is designed and intended to provide for a broad range of commercial and light industrial developments.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the B-2, General Business District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Antique shops.
    B. Adult uses, per the restrictions of Section 10.83.
    C. Ambulance services.
    D. Apparel shops.
    E. Appliance stores and home electronics stores.
    F. Art supply stores.
    G. Auction houses.
    H. Automobile glass, muffler, and upholstery services.
    I. Automobile parts and accessory sales, including outside display of automobile accessories provided that such outside display conforms to the restrictions of Section 10.82.
    J. Automobile repair garage, including automobile glass, muffler, tire, and electronics installation.
    K. Automobile sales (new and used) and automobile storage. Outside display and storage of operable automobiles is permitted.
    L. Bakeries.
    M. Banks and savings and loans, including drive-in facilities.
    N. Barber shops.
    O. Bicycle stores.
    P. Blue printing and Photostatting.
    Q. Boat sales and service, not including wrecking or dismantling.
    R. Bowling alleys and billiard parlors, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
    S. Business machine stores.
    T. Bus, rail, and airline depots, including ticket offices.
    U. Camera and photographic supplies.
    V. Candy, ice cream, and confectionery store.
    W. Catalog and mail order services.
    X. Caterers.
    Y. Clubs and lodges, not including the accessory sale of food or alcoholic beverages, unless permitted by a conditional use permit.
    Z. Contractors:
      1. Electric. 2. General.
      3. Painting and decorating.
      4. Plumbing.
      5. Sign.
    AA. Dance halls, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit. BB. Dental, medical, and scientific clinics and laboratories.
    CC. Department, discount, and variety stores.
    DD  Drive in facilities per the regulation contained in Section 10.82
    EE. Drug stores.
    FF. Dry cleaning, Laundromats, and diaper services.
    GG. Equipment rental and outdoor storage of equipment and materials is allowed; provided that such outside storage conforms to the restrictions of Section 10.82.
    HH. Essential service utility structures and facilities, per Section 10.82.
    II. Exterminators.
    JJ. Food locker plants, including sales and home delivery, cutting, and packaging of meats and game, but not including slaughtering or eviscerating activities. (Lockers shall be provided for individual home rental and storage only.)
    KK. Funeral homes.
    LL. Furniture stores.
    MM. Garden supply stores.
    NN. Gunsmiths.
    OO. Hardware stores.
    PP. Health equipment and sporting goods store.
    QQ. Hobby shops.
    RR. Hotels and motels.
    SS. Interior decorators.
    TT. Janitorial services.
    UU. Laundries, self service.
    VV. Liquor stores (off-sale).
    WW. Locksmith.
    XX. Medical appliance sales and fittings.
    YY. Meeting halls, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
    ZZ. Motorcycle sales.
    AAA. Music stores, including the sale of instruments and recorded music.
    BBB. Optical goods.
    CCC. Outside storage of equipment and materials, when accessory to a permitted use and provided that such outside storage conforms to the restrictions of Section 10.82.
    DDD. Paint stores.
    EEE. Photo studios and picture processing.
    FFF. Professional service offices.
    GGG. Printing, publishing, and allied industries.
    HHH. Radio and television broadcasting, including transmitters, and studios.
    III. Repair, rental, and service shops, provided the sale of the articles repaired, rented, or serviced shall be permitted in this district.
    JJJ. Secondhand stores.
    KKK. Shoe stores.
    LLL. Surface parking lots and parking structures or garages.
    MMM. Taxidermists.
    NNN. Theaters, excluding drive-ins.
    OOO. Upholstery shops.
    PPP. Veterinarians, including boarding kennels for domestic pets, provided that all such kennels are within completely enclosed structures.
    QQQ. Video rentals and sales.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the B-2, General Business District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:

    A. Any use that exceeds twenty thousand (20,000) square feet of gross floor area. B. Automobile service stations and car washes, as regulated in Section 10.82.
    C. Collection of recyclable materials at temporary locations, subject to the special requirements set forth in Section 10.82.
    D. Convenience stores.
    E. Community convention centers.
    F. Government institutions.
    G. Landing strips, including aircraft maintenance, storage, repair, and fueling.
    H. Light manufacturing and assembly, subject to the special requirements set forth below.
    I. Mobile home, manufactured home, and trailer sales.
    J. Shipping and outside storage of equipment and materials, when not accessory to a permitted use, provided that such outside storage conforms to the restrictions of Section 10.82.
    K. Shopping malls.
    L. 1. Restaurants, including drive-thru and carry-out and other eating and non-alcoholic drinking establishments, as regulated in Section 10.82. 2. Bars and accessory unenclosed seating and serving areas, as regulated in Section 10.82, and provided the bar is located three hundred (300) feet from a residential zoning district.
    M. Self-service storage facilities.
    N. Other commercial uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and to the general public health, safety, and welfare.
    O. Indoor firing ranges, per the restrictions of Section 10.82 (Ord. of 10-13-97)
4.000 Special Requirements for Light Manufacturing and Assembly.
The following special requirements shall apply to light manufacturing and assembly conducted in the B-2, General Business District.
    A. Outside storage, conforming to Section 10.82, may be allowed by a conditional use permit.
    B. Notwithstanding the yard requirements of this Section, light manufacturing and assembly conducted in this District shall be subject to the yard requirements of the PI, Planned Industrial District, Section 10.62.
5.000 Minimum Lot Size.
The minimum lot size in the B-2, General Business District, is ten thousand (10,000) square feet.
6.000 Minimum Street Frontage.
The minimum street frontage in the B-2, General Business District, shall be one hundred (100) feet.
7.000 Yards and Setbacks.
The yard and setback requirements for the B-2, General Commercial Business District, are as follows:
    A. Front Yard Setback. There shall be provided a fifteen (15) foot front yard setback to an impervious parking or storage surface and any portion of a building.
    B. Side Yard Setback. There shall be provided a three (3) foot side yard setback to an impervious parking or storage surface and a six (6) foot setback to any portion of a building.
    C. Rear Yard Setback. There shall be provided a three (3) foot rear yard setback to an impervious parking or storage surface and six (6) feet to any portion of a building.
    D. Transitional Yard. A transitional yard shall be provided anywhere a B-2, General Business District, abuts a Residential District. The yard shall conform to the following requirements:
      1. The dimensions of the required transitional yard on the property located in the B-2 district shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.
      2. The transitional yard shall extend the entire length of the abutting Residential District boundary.
      3. The transitional yard shall not be less than a yard required in the B-2 district.
      4. The transitional yard shall not be required to be more than twenty (20) feet in depth.
      5. The transitional yard shall be landscaped in conformance with Section 10.88.
8.000 Maximum Ground Coverage.
The sum total of the ground area that may be covered by all structures located on the zoning lot in the B-2, General Business District, shall not exceed seventy-five percent (75%) of the lot area.
9.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the B-2, General Business District, shall be 1.0.
10.000 Building Design and Construction.
All buildings and structures in the B-2, General Business District, shall meet the following building, design, and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials:
      1. Face brick.
      2. Factory fabricated and finished metal framed panel construction, glass, prefinished metal (except for unpainted galvanized iron), or plastic.
      3. Natural stone.
      4. Precast concrete panels or units if the surfaces have been integrally treated with an applied decorative material or texture.
      5. Other materials as approved by the Planning Agency.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal and shall be of the same architectural design and general appearance as the principal building.
11.000 Maximum Building Height.
The height of a building in the B-2, General Business District, shall not exceed thirty-five (35) feet.

10.47 : B-3 Highway Commercial District.

1.000 Purpose.
The B-3, Highway Commercial District, is designed and intended to provide for automobile oriented commercial developments within the vicinity of streets with functional classifications of either arterials or major collectors. Such commercial developments are generally characterized by large parking areas. The district also encourages a broad range of business and light industrial activities.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the B-3, Highway Commercial District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Uses listed as permitted uses in the B-1, Community Business District.
    B. Automobile service stations and car washes, as regulated in Section 10.82.
    C. Automobile glass, muffler, and upholstery repair services.
    D. Automobile parts and accessory sales.
    E. Automobile repair garages, including automobile glass, muffler, tire, and electronics installation.
    F. Automobile sales (new and used) and automobile storage. Outside display and storage of automobiles is permitted.
    G. Banks and savings and loans, including drive-in facilities.
    H. Boat sales and service, not including wrecking or dismantling.
    I. Bowling alleys and billiard parlors.
    J. Bus depots, including ticket offices.
    K. Catalog and mail order services.
    L. Clubs and lodges, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
    M. Convenience stores.
    N. Dairy product stores.
    O. Drive-in facilities per the regulation contained in Section 10.82
    P. Funeral homes.
    Q. Hotels and motels.
    R. Meeting halls, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
    S. Motorcycle sales.
    T. Newsstands.
    U. Pet stores.
    V. Radio and television broadcasting, including transmitters and studios.
    W. Restaurants, bars, and other eating and non-alcoholic drinking establishments, including unenclosed seating and servicing areas, as regulated in Section 10.82.
    X. Secondhand stores.
    Y. Surface parking lots and parking structures or garages.
    Z. Theaters, excluding drive-ins.
    AA. Tire sales and supply stores.
    BB. Upholstery shops.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the B-3, Highway Commercial District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Any use that exceeds thirty thousand (30,000) square feet of gross floor area.
    B. Collection of recyclable materials at temporary locations, subject to the special requirements set forth in Section 10.82.
    C. Community convention centers.
    D. Government institutions.
    E. Light manufacturing and assembly, subject to the special requirements set forth below.
    F. Shopping malls.
    G. Self-service storage facility.
    H. Shipping and outside storage when accessory to a permitted or conditional use. If allowed, such outside storage shall conform to the restrictions of Section 10.82.
    I. Sport arenas and stadiums.
    J. Other commercial and residential uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above, and found not to be detrimental to existing uses and to the general public health, safety, and welfare.
    K. Indoor firing ranges, per the restrictions of Section 10.82 (Ord. of 10-13-97)
4.000 Special Requirements for Light Manufacturing and Assembly.
The following special requirements shall apply to light manufacturing and assembly conducted in the B-3, Highway Commercial District.
    A. Outside storage, conforming to Section 10.82, may be allowed by a conditional use permit.
    B. Notwithstanding the yard requirements of this Section, light manufacturing and assembly conducted in this District shall be subject to the yard requirements of the PI, Planned Industrial District, Section 10.62.
5.000 Minimum Lot
The minimum lot area in the B-3, Highway Commercial District, is ten thousand (10,000) square feet.
6.000 Minimum Street Frontage.
The minimum street frontage in the B-3, Highway Commercial District, shall be one hundred fifty (150) feet.
7.000 Yards and Setbacks.
The yard and setback requirements for the B-3, Highway Commercial District are as follows:
    A. Front Yard Setback. There shall be provided a fifteen (15) foot front yard setback to an impervious parking or storage surface and/or any portion of a building.
    B. Side Yard Setback. There shall be provided a three (3) foot side yard setback to an impervious parking or storage surface and a six (6) foot setback to any portion of a building. The corner side yard setback to an impervious parking or storage surface and/or any portion of a building along the secondary street frontage of a corner lot shall be equal to that of the front yard setback required in this District.
    C. Rear Yard Setback. There shall be provided a three (3) foot rear yard setback to an impervious parking or storage surface and six (6) feet to any portion of a building.
    D. Transitional Yard. A transitional yard shall be provided anywhere a B-3, Highway Business District, abuts a Residential District. The yard shall conform to the following requirements:
      1. The dimensions of the required transitional yard on the property located in the B-3 district shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.
      2. The transitional yard shall extend the entire length of the abutting Residential District boundary.
      3. The transitional yard shall not be less than a yard required in the B-3 district.
      4. The transitional yard shall not be required to be more than twenty (20) feet in depth.
      5. The transitional yard shall be landscaped in conformance with Section 10.88.
8.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on the zoning lot in the B-3, Highway Commercial District, shall not exceed seventy-five percent (75%) of the lot area.
9.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the B-3, Highway Commercial District shall be 1.0.
10.000 Building Design and Construction.
All buildings and structures in the B-3, Highway Commercial District, shall meet the following building design and construction standards.
    A. Exterior Wall Finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials.
      1. Face brick.
      2. Natural stone.
      3. Precast concrete panels or units if the surfaces have been integrally treated with an applied decorative material or texture.
      4. Other materials as approved by the Planning Agency.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.
11.000 Maximum Building Height.
No requirement.

10.48 : GT - Gateway Overlay District.

The Gateway Overlay Districts contained in this Section are intended to promote high quality development in Mankato's gateways. The areas included within the districts are located at major entryways into the City, within neighborhood service nodes, and at gateways to and within commercial districts. The design features and standards included in this ordinance are intended to create a memorable and positive first impression upon entering the City, to establish an image and character that is uniquely Mankato's in addition, to service emerging neighborhoods, and to promoting transit and pedestrian level development.

This ordinance is intended to implement and effectuate the principles established in the Urban Design Framework Manual. The principles outlined in the Manual are to be carried out through standards related to site planning, signage, architecture, and landscaping. The Urban Design Framework Manual is to be referenced to determine if a development conforms to this ordinance.

1.000 Downtown Gateway Overlay District
Subpart 1. Purpose. The DGT, Downtown Gateway Overlay District, is intended to promote high quality design in Mankato's downtown. The areas included within this district are located within Old Town, the CBD-C, Central Business District Core, CBD-F, Central Business District Fringe, and along South Front Street. The design features and standards included in this ordinance are not only to create a positive impression of Mankato’s downtown, but also to establish an image and character that is unique to Mankato. This ordinance is intended to implement and effectuate the principles established in the Urban Design Framework Manual. The principles outlined in the Manual are to be carried out through standards related to site planning, signage, architecture, and landscaping. The Urban Design Framework Manual is to be referenced to determine if a development conforms to this ordinance.

Subpart 2. Application. The standards of the Downtown Gateway Overlay District shall be applied to those parcels and lots that are located within Old Town, the CBD-C, Central Business District Core, CBD-F, Central Business District Fringe, and along South Front Street as depicted on the attached map. The development of properties within the Downtown Gateway Overlay District shall conform to the provisions of this Section, the underlying zoning district, and the other provisions of this Chapter.

Subpart 3. Minimum Lot Area. The minimum lot area in the DGT, Downtown Gateway Overlay District, is three thousand (3,000) square feet.

Subpart 4. Minimum Street Frontage. The minimum street frontage in the DGT, Downtown Gateway Overlay District, shall be twenty-two (22) feet.

Subpart 5. Yards and Setbacks. The yard and setback requirements for the DGT, Downtown Gateway Overlay District, are as follows:
    A. Front Yard Build-To Line/Setback. In the front yard, a build-to line is established which provides a minimum and maximum front setback for principle buildings, as follows:
      1. The minimum building setback shall be zero (0) feet and the maximum shall be fifteen (15) feet from the right-of-way or roadway easements. The minimum and maximum setback shall apply to both frontages of a corner lot.
      2. Automobile gasoline canopies shall be located to the side and rear of the principle building and shall not be located in the Front Yard Build-To Line/Setback.

      The placement of a building shall be reviewed in order to determine if the building unduly restricts vehicular or pedestrian sight distances Section 12.71, Subd. 5. If it is found that the building placement unduly restricts sight distances, the building placement shall be adjusted to a maximum setback of fifteen (15) feet.

      The Front Yard Build-To Line/Setback may be varied if a Floor Area Bonus Incentive is proposed in the CBD-C or CBD-F. The standards for reviewing a request for Floor Area Bonus Incentives shall conform to provisions of Sections 10.43 and 10.44.
    B. Side Yard/Rear Yard Setback. There shall be provided a three (3) foot side yard and rear yard setback to a surface parking lot, driving lane, or storage surface. The setback shall not include curbs and shall consist entirely of a landscaped area. Parking and driving areas shall be located to the side or rear of the main building unless the parking and driving area is part of an approved Floor Area Bonus Incentive.
    No side or rear yard building setback is required provided the building conforms to the Minnesota State Building Code and a common wall agreement is entered into between the property owners along a shared property line.

    C. Screening of Parking Areas. Wherever a surface parking area faces a street frontage, the parking area shall be screened from the street with a wall, fence, or hedge to a minimum of four (4) feet nor more than eight (8) feet in height, nor be less than eighty percent (80%) opaque.
    D. Drive-Through Facilities. Drive-through facilities and associated driving lanes shall be located to the side or rear of a building.
Subpart 6. Maximum Ground Coverage. The maximum building coverage shall conform to the requirements of the underlying zoning district.

Subpart 7. Maximum Floor Area Ratio. The maximum floor area ratio shall conform to the requirements of the underlying zoning district.

Subpart 8. Building Design and Construction. All buildings and structures in the DGT, Downtown Gateway Overlay District, shall meet the following building design and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building structure shall be of the following materials, or a combination of the following materials: 1. Face brick.
    2. Natural stone.
    3. Precast concrete panels, provided the material has been integrally treated with a color and the surfaces have a texture or pattern that gives the panel the appearance of natural stone or brick.
    4. Concrete block, not to exceed twenty (20) percent of a wall area, if the surfaces have a texture or pattern discernibly different from flat smooth concrete, and if the material is either integrally colored or treated with a long-lasting durable decorative finish.
    5. Glass.
    6. Stucco, or similar durable cement-based material, not to exceed twenty (20) percent of a wall area.
    7. Metal accent or framing materials, but only as minor part of the overall façade treatment.
    8. Other materials of similar quality and durability as approved by the City Council.

    The design of building elevations shall conform to the Urban Design Guidelines. Walls facing the street or walkways should be punctuated with display windows, doors, indentations, or other fenestration to add visual interest on the street. All sides of a building visible to the public should be treated consistently with quality materials and finishes.
B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

Subpart 9. Maximum Building Height. The maximum building height shall conform to the requirements of the underlying zoning district.

Subpart 10. Existing Development, New Development, and Redevelopment. Per Section 10.41, Subdivision 10, existing development and structures within the areas of application of this District shall not be considered nonconforming and shall be permitted to continue. If expansion is proposed, the expansion shall be consistent with the standards of this Section. Standards for new development and redevelopment are defined in Section 10.41, Subdivision 10, and shall generally comply with this Section unless otherwise permitted.

2.000 Commercial Gateway District Sec. A
Subpart 1. Purpose. The CGT, Commercial Gateway Overlay District, is intended to promote high quality design in Mankato's Commercial Districts. The areas included within this district are located in commercial districts at major intersections within the City. The design features and standards included in this ordinance are not only to create a positive impression within the City’s commercial district, but also to establish nodes that are attractive for users of mass transit and other modes of transportation. This ordinance is intended to implement and effectuate the principles established in the Urban Design Framework Manual. The principles outlined in the Manual are to be carried out through standards related to site planning, signage, architecture, and landscaping. The Urban Design Framework Manual is to be referenced to determine if a development conforms to this ordinance.

 

Subpart 2. Application. The standards of the Commercial Gateway Overlay District shall be applied to those parcels and lots within commercial zoning districts that are located within 500 feet from the center line intersection of an arterial and collector and 500 feet from the center line of the intersection of two collectors. Street arterials and collectors are depicted on Figure 12, Future Functional Classification System, Mankato Area Transportation and Planning Study (as amended from time to time).

 

Subpart 3. Minimum Lot Area. The minimum lot area in the CGT, Commercial Gateway Overlay District, is seven thousand (7,000) square feet.

 

Subpart 4. Minimum Street Frontage. The minimum street frontage in the CGT, Commercial Gateway Overlay District, shall be seventy-five (75) feet, with a maximum street frontage of two hundred (200) feet.

 

Subpart 5. Yards and Setbacks. The yard and setback requirements for the CGT, Commercial Gateway Overlay District, are as follows:
    A. Front Yard Build-To Line/Setback. In the front yard, a build-to line is established which provides a minimum and maximum front setback for principle buildings, as follows:
      1. On corner lots the minimum building setback shall be fifteen (15) feet and the maximum shall be twenty (20) feet from the right-of-way or
      roadway easement, except where a drive-through facility is reviewed and approved under the standards for a conditional use permit per Section 10.92, in which the maximum building setback is 40 feet (refer to Subpart 5C below). (Ord. of 9-24-2012). The minimum and maximum setbacks shall apply to both frontages.
      2. On corner lots, surface parking areas shall be located to the rear or side of the principle building. The setback for parking areas shall not be less than fifteen (15) feet from the right-of-way line.
      3. On interior lots the minimum building setback shall be fifteen (15) feet and the maximum shall be eighty-five (85) feet from the right-of-way or roadway easement.
      4. On interior lots the minimum front yard setback to surface parking or driving lanes shall be fifteen (15) feet.
      A pedestrian walkway shall be provided and designated through the parking lot from a public sidewalk to the main entrance of the building.
      5. On corner lots, automobile gasoline canopies are not considered principle buildings; canopies shall be located to the side or rear of the principle building. The requirements of Section 10.82, Subdivision 6 shall also apply to automobile service stations.
    B. Side Yard/Rear Yard Setback. There shall be provided a three (3) foot side yard and rear yard setback to an impervious parking or storage surface and a six (6) foot setback to any portion of a building.
    C. Screening of Parking Areas. Wherever a surface parking area faces a street frontage, the parking area shall be screened from the street with a wall, fence, or hedge to a minimum of four (4) feet nor more than eight (8) feet in height, nor be less than eighty percent (80%) opaque.
    D. Drive-Through Facilities. Drive-through facilities and associated driving lanes shall be located to the side or rear of a building. Drive-through facilities with driving lanes between the building and property frontage may be allowed by a Conditional Use Permit, provided that the drive-through window service window and menu board to not face the primary public street frontage and landscaping is provided between the property line and drive-through per Section 5, Subpart 5(B). (Ord. of 9-24-2012)
    E. Transitional Yard. A transitional yard shall be provided anywhere development in a CGT, Commercial Gateway Overlay District, abuts a Residential District in a side yard or rear yard condition. The transitional yard shall conform to the following requirements:
      1. The transitional yard shall be equal to the yard area required in the abutting Residential District, not to exceed twenty (20) feet in depth where the building height on the zoning lot in the CGT is equal to or less than 35 feet. When the building height in the CGT is more than thirty-five (35) feet the transitional yard depth shall each be increased by one (1) foot over and above the requirement for the district for each two (2) feet of building height above the building height limit for the zoning district..
      2. The transitional yard shall be landscaped in conformance with Section 10.88.
      3. No transitional yard is required if the CGT District is across the street from a Residential District.

     

    Subpart 6. Maximum Ground Coverage. The sum total of ground area that may be covered by all structures located on the zoning lot in the CGT, Commercial Gateway Overlay District, shall not exceed seventy-five percent (75%) of the lot area.

     

    Subpart 7. Maximum Floor Area Ratio. The maximum floor area ratio in the CGT, Commercial Gateway Overlay District, shall be 1.5.
2.000 Commercial Gateway District Sec. B
Subpart 8. Building Design and Construction. All buildings and structures in the CGT, Commercial Gateway Overlay District, shall meet the following building design and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building structure shall be of the following materials, or a combination of the following materials:
      1. Face brick.
      2. Natural stone.
      3. Precast concrete panels, provided the material has been integrally treated with a color and the surfaces have a texture or pattern that gives the panel the appearance of natural stone or brick.
      4. Concrete block not to exceed twenty (20) percent of a wall area provided the surfaces have a texture or pattern discernibly different from flat smooth concrete, and if the material is either integrally colored or treated with a long-lasting durable decorative finish.
      5. Glass.
      6. Stucco, or similar durable cement-based material, not to exceed twenty (20) percent of a wall area. 7. Accent or framing materials of metal or wood, but only if they form a minor part of the overall facade treatment. 8. Other materials of similar quality and durability as approved by the City Council.

    The design of building elevations shall conform to the Urban Design Guidelines. Walls facing the street or walkways should be punctuated with display windows, doors, indentations, or other fenestration to add visual interest on the street. All sides of a building visible to the public should be treated consistently with quality materials and finishes.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

Subpart 9. Maximum Building Height. No restriction unless otherwise provided in the Transitional Yard requirements.

Subpart 10. Existing Subdivisions. Corner lots within subdivisions that were recorded prior to the adoption of this Section shall be permitted to vary the Front Yard Build-To Line/Setback provided the maximum building setback shall not be more than 85-feet. If the Front Yard Build-To Line/Setback is varied, landscaping and structural elements, such as walls, wrought-iron fencing, or monuments shall be utilized in the site design at the Build-To Line/Setback to satisfy the purpose and intent of the build to-line requirements. All other provisions this Section shall apply to the lot.

If an existing subdivision is rebsudivided, the lots created within the new subdivision, and the development on the lots, shall comply with the provisions of this Section.

Subpart 11. Existing Development, New Development, and Redevelopment. Per Section 10.41, Subdivision 10, existing development and structures within the areas of application of this District shall not be considered nonconforming and shall be permitted to continue and expand in a manner consistent with existing conditions, designs, and approvals granted under this Chapter. Standards for new development and redevelopment are defined in Section 10.41, Subdivision 10, and shall generally comply with this Section unless otherwise permitted.
3.000 Highway Gateway Overlay District
Subpart 1. Purpose. The HGT, Highway Gateway Overlay District, is intended to promote high quality design in Mankato's gateways. The areas included within this district are located at major entryways into the City lanning, signage, architecture, and landscaping. The Urban Design Framework Manual is to be referenced to determine if a development conforms to this ordinance.

Subpart 2. Application. The standards of the Highway Gateway Overlay District shall be applied to those parcels and lots located within a commercial or office zoning districts that are located within 1,000 feet from the center line of the intersection of two arterials, as depicted on Figure 12, Future Functional Classification System, Mankato Area Transportation and Planning Study (as amended from time to time). In situations where the Highway Gateway Overlay District overlaps with a Commercial Gateway, the provisions of the Highway Gateway Overlay District shall apply to the property.

Subpart 3. Minimum Lot Area. The minimum lot area in the HGT, Highway Gateway Overlay District, is ten thousand (10,000) square feet.

Subpart 4. Minimum Street Frontage. The minimum street frontage in the HGT, Highway Gateway Overlay District, shall be one hundred fifty (150) feet.

Subpart 5. Yards and Setbacks. The yard and setback requirements for the HGT, Highway Gateway Overlay District, are as follows:

    A. Front Yard Build-To Line/Setback. In the front yard, a build-to line is established which provides a minimum and maximum front setback for principle buildings, as follows:
      1. On corner lots the minimum building setback shall be fifteen (15) feet and the maximum shall be eighty-five (85) feet from the right-of-way or roadway easements. The minimum and maximum setback shall apply to both frontages.
      2. On interior lots the minimum building setback shall be fifteen (15) feet and the maximum shall be one hundred and fifty (150) feet from the right-of-way or roadway easement.
      3. On interior lots the minimum front yard setback to surface parking or drive lanes shall be fifteen (15) feet. If a public sidewalk or trail is located in the abutting public right-of-way or easement, a pedestrian walkway shall be provided and designated through the parking lot to the main entrance of the building. There is no maximum parking setback required.
      4. On lots with more than one street frontage, the build-to line shall apply on each side fronting a street.
      5. The build-to-line setbacks established for corner and interior lots may be varied for commercial planned unit developments or mixed use planned unit developments provided development sites are designated around the perimeter of the planned unit development for uses that will conform to the build-to-line setbacks. The overall development plan for the planned unit development shall include conforming building locations and associated landscaping required by this Subdivision and Section 10.89.
    B. Screening of Parking Areas. Wherever a surface parking area faces a street frontage, the parking area shall be screened from the street with a wall, fence, or hedge to a minimum of four (4) feet nor more than eight (8) feet in height, nor be less than eighty percent (80%) opaque.. This screening must be accomplished in the setback area between ten (10) feet and fifteen (15) from the right-of-way line.
    C. Drive-Through Facilities. Drive-through facilities and associated driving lanes shall be located to the side or rear of the building.
    D. Side Yard/Rear Yard Setback. There shall be provided a three (3) foot side yard or rear yard setback to an impervious parking or storage surface and a six (6) foot setback to any portion of a building.
    E. Transitional Yard. A transitional yard shall be provided anywhere development in a HGT, Highway Gateway Overlay District, abuts a Residential District in a side yard or rear yard condition. The transitional yard shall conform to the following requirements:
      1. The transitional yard shall be equal to that of the abutting Residential District, not to exceed twenty (20) feet in depth.
      2. The transitional yard shall be landscaped in conformance with Section 10.88.
      3. No transitional yard is required if the HGT District is across the street from a Residential District.

Subpart 6. Maximum Ground Coverage. The sum total of ground area that may be covered by all structures located on the zoning lot in the HGT, Highway Gateway Overlay District, shall not exceed seventy-five percent (75%) of the lot area.

Subpart 7. Maximum Floor Area Ratio. No restriction.

Subpart 8. Building Design and Construction. All buildings and structures in the HGT, Highway Gateway Overlay District, shall meet the following building design and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building structure shall be of the following materials, or a combination of the following materials:
      1. Face brick.
      2. Natural stone.
      3. Precast concrete panels, provided the material has been integrally treated with a color, or if the surfaces have a texture or pattern that gives the panel the appearance of natural stone or brick.
      4. Concrete block not to exceed twenty (20) percent of a wall area, provided the surfaces have a texture or pattern discernibly different from flat smooth concrete, and if the material is either integrally colored or treated with a long-lasting durable decorative finish.
      5. Glass.
      6. Stucco, or similar durable cement-based material, not to exceed twenty (20) percent of a wall area.
      7. Accent or framing materials of metal or wood, but only if they form a minor part of the overall facade treatment.
      8. Other materials of similar quality and durability as approved by the City Council.

      The design of building elevations shall conform to the Urban Design Guidelines. Walls facing the street or walkways should be punctuated with display windows, doors, indentations, or other fenestration to add visual interest on the street. All sides of a building visible to the public should be treated consistently with quality materials and finishes.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

Subpart 9. Maximum Building Height. No restriction.

Subpart 10. Existing Subdivisions. This Subdivision shall not apply to subdivisions that were recorded prior to the adoption of this Subdivision. If an existing subdivision is resubdivided, the lots created within the new subdivision, and the development on the lots, shall comply with the provisions of this Section.

Subpart 11. Existing Development, New Development, and Redevelopment. Per Section 10.41, Subdivision 10, existing development and structures within the areas of application of this District shall not be considered nonconforming and shall be permitted to continue and expand in a manner consistent with existing conditions, designs, and approvals granted under this Chapter. Standards for new development and redevelopment are defined in Section 10.41, Subdivision 10, and shall generally comply with this Section unless otherwise permitted.
4.000 Neighborhood Node Gateway Overlay District Sec. A
Subpart 1. Purpose. The Neighborhood Gateway Overlay District (NGT), is intended to promote high quality service orientated development in Mankato's existing and developing neighborhoods. The areas included within this district are located within designated neighborhoods in the City and depicted on the Official Zoning Map.

The purpose of the design features and standards included in this ordinance are not only to create a positive impression upon entering the neighborhood, but also to fulfill the service demands of the residents in the vicinity of the district. The location of the district must be considered strategically in order to promote pedestrian traffic to the Neighborhood Node, and in the development of residential areas, particular attention should be given to the creation of pedestrian links to the Neighborhood Node. The district is also intended to promote the use of mass transit by providing locations that are attractive for users of transit facilities.

This ordinance is intended to implement and effectuate the design principles established in the Urban Design Framework Manual. The principles outlined in the Manual are to be carried out through standards related to site planning, signage, architecture, and landscaping. The Urban Design Framework Manual is to be referenced to determine if a development conforms to this ordinance.

Subpart 2. Application. The standards of the Neighborhood Gateway Overlay District shall be applied to those areas depicted on the Official Zoning Map. Generally, the location of the district shall be on collector routes within a residential area in order to promote pedestrian access and mass transit service. Generally, the spacing of Neighborhood Nodes should be such that the travel distance within a residential area does not exceed ? mile.

The district shall be applied to areas that are zoned B-1, Community Business District, and the uses shall be limited to the Permitted Uses and Conditional Uses that are less than 10,000 square feet in gross floor area. Any use that serves alcoholic beverages shall be limited to a Class R license use Chapter 4 of the Mankato City Code. Furthermore, automobile fueling facilities shall be prohibited in this district.

Subpart 3. Minimum Lot Area. The minimum lot area in the NGT, Neighborhood Gateway Overlay District, is six thousand (6,000) square feet.

Subpart 4. Maximum Street Frontage. The maximum street frontage in the NGT, Neighborhood Gateway Overlay District, shall be one hundred and fifty (150) feet.

Subpart 5. Yards and Setbacks. The yard and setback requirements for the NGT, Neighborhood Gateway Overlay District, are as follows:
    A. Front and Corner Side Yard Build-To Line/Setback. In the front and corner side yards, a build-to line is established which provides a minimum and maximum front setback for principle buildings, as follows:
      1. On corner lots the minimum building setback shall be fifteen (15) feet and the maximum shall be twenty (20) feet from the right-of-way or roadway easements. The minimum and maximum setback shall apply to both frontages.
      2. On corner lots, surface parking areas shall be located to the rear or side of the principle building. The setback for parking areas shall not be less than fifteen (15) feet from the right-of-way line.
      3. On interior lots the minimum building setback shall be fifteen (15) feet and the maximum shall be sixty (60) feet from the right-of-way or roadway easement.
      4. On interior lots the minimum front yard setback to surface parking or driving lanes shall be fifteen (15) feet. A pedestrian walkway shall be provided and designated through the parking lot from a public sidewalk to the main entrance of the building.
      5. Outdoor seating may occupy up to 50 percent of the minimum and maximum setback areas on a corner lot.

    B. Screening of Parking Areas. Wherever a surface parking area faces a street frontage, the parking area shall be screened from the street with a wall, fence, or hedge to a minimum of four (4) feet nor more than eight (8) feet in height, nor be less than eighty percent (80%) opaque.
    C. Drive-Through Facilities. Drive-through facilities and associated driving lanes shall be located to the side or rear of the building.
    D. Side Yard/Rear Yard Setback. There shall be provided a three (3) foot side yard and rear yard setback to an impervious parking or storage surface and a six (6) foot setback to any portion of a building.
    E. Transitional Yard. A transitional yard shall be provided anywhere development in a NGT, Neighborhood Gateway Overlay District, abuts a Residential District.. The transitional yard shall conform to the following requirements:
      1. The transitional yard shall be equal to the yard area in the abutting residential district, not to exceed fifteen (15) feet in depth in instances where the building height on the zoning lot in the NGT is equal to or less than 35 feet. When the building height in the NGT is more than thirty-five (35) feet as approved in a Planned Unit Development, the transitional yard depth shall each be increased by one (1) foot over and above the requirement for the district for each two (2) feet of building height above the building height limit for the zoning district.
      2. The transitional yard shall be landscaped in conformance with Section 10.88.
      This provision does not apply to situations where a public street is the boundary between the NGT and a residential district.
4.000 Neighborhood Node Gateway Overlay District Sec. B
Subpart 6. Maximum Ground Coverage. The sum total of ground area that may be covered by all structures located on the zoning lot in the NGT, Neighborhood Gateway Overlay District, shall not exceed seventy-five percent (75%) of the lot area.

Subpart 7. Maximum Floor Area Ratio. The maximum floor area ratio in the NGT, Neighborhood Gateway Overlay District, shall be 1.0.

Subpart 8. Building Design and Construction. All buildings and structures in the NGT, Neighborhood Gateway Overlay District, shall meet the following building design and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building structure shall be of the following materials, or a combination of the following materials:
      1. Face brick.
      2. Natural stone.
      3. Precast concrete panels, provided the material has been integrally treated with a color and the surfaces have a texture or pattern that gives the panel the appearance of natural stone or brick.
      4. Concrete block not to exceed twenty (20) percent of a wall area, if the surfaces have a texture or pattern discernibly different from flat smooth concrete, and if the material is either integrally colored or treated with a long-lasting durable decorative finish.
      5. Glass.
      6. Stucco or similar durable cement-based material, not to exceed twenty (20) percent of a wall area.
      7. Accent or framing materials of metal or wood, but only if they form a minor part of the overall facade treatment.
      8. Other complimentary materials or designs of similar quality and durability as approved by the City Council.

    The design of building elevations shall conform to the Urban Design Guidelines. Walls facing the street or walkways should be punctuated with display windows, doors, indentations, or other fenestration to add visual interest on the street. All sides of a building visible to the public should be treated consistently with quality materials and finishes.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

Subpart 9. Maximum Building Height. 35 feet or as otherwise provided in an approved planned unit development under Section 10.93 of the Mankato City Code.
5.000 Gateway Design Review and Certification of Design Compliance
Subpart 1. Certificate of Design Compliance. A Certificate of Design Compliance shall be required for all construction activities as listed in this Subdivision. The purpose of the Certificate of Design Compliance is to insure that development activity will enhance the visual and aesthetic character of the Gateways in accordance with the Urban Design Guidelines adopted as part of the City’s Land Use Plan.

A Certificate of Design Compliance shall be required for the following:
    A. The expansion and exterior alteration of buildings, existing on the effective date of this ordinance, when said expansion or exterior alteration requires a building permit. In such case, the expansion or exterior alteration shall be compatible with the materials, color, scale, and architectural features of the existing building.
    B. The construction of new buildings.
    C. Moving a building.
    D. Demolition of a building.
    E. Adding or removing landscaping plantings in excess of one hundred (100) square feet in area.
    F. Erection of signs.

Subpart 2. Application and Plans. An application for a Certificate of Design Compliance shall be submitted to the Planning Agency for any activity in Gateway District listed in Subpart 1. Prior to the filing of an application, the developer shall meet with the City Manager, or designee, for informal discussions regarding the proposed development. As far as practical, the City Manager, or designee, will advise the developer as to the extent the proposed development conforms to the design criteria set forth in the Urban Design Guidelines and suggest possible plan modification. The form of application shall be supplied by the City's Division of Planning and Development Services. The application shall be accompanied by detailed plans for the proposed activity. Such plans shall at a minimum include:
    A. Description of site.
    B. Area of site (in square feet or acres).
    C. Date, north arrow, and scale (1:20, 1:50, or 1:100).
    D. Name and address of person(s) preparing the plan.
    E. Key map showing the site location and existing structures within one hundred (100) feet of the site.
    F. Scaled footprint of main building and all accessory structures.
    G. On-site open space and landscaped areas, including plant species, fencing, and other landscape amenities.
    H. Location of on-site parking facilities.
    I. Loading and servicing areas.
    J. Scale drawings of all proposed building elevations, including roof plan.
    K. Floor plans to scale.
    L. Sign plan showing materials, colors, and area.
    M. Perspectives, building elevations of all sides of the building, scaled model or other suitable graphic materials as required.
    N. Material samples for exterior building materials.

Subpart 3. Plan Review. Upon receipt of a completed application for a Certificate of Design Compliance, the City Manager, or designee, shall forward the application to the Planning Commission if the estimated cost of the activity outlined in the application exceeds one hundred thousand dollars ($100,000). For activities with an estimated cost in excess of one hundred thousand dollars ($100,000), the Planning Commission shall review the activity to determine whether the proposed project meets the intent and requirements of this Section. If the cost of the activity exceeds five hundred thousand dollars ($500,000), the Planning Commission shall forward a recommendation to the City Council regarding the activity's compliance with this Section. For activities with an estimated cost of less than one hundred thousand dollars ($100,000), the City Manager, or designee, shall be responsible for undertaking an expeditious and timely review to determine whether the proposed project meets the intent and requirements of this Section.

Subpart 4. Issuance of Certificate of Design Compliance. The reviewing authority, as designed in Subpart 3, may issue a Certificate of Design Compliance for any of the activities listed in Subd. 2. The City Council shall have the sole authority for issuing certificates for all new developments or significant redevelopments of property.

The City Council, Planning Commission, and City Manager, or designee, shall issue a Certificate of Design Compliance only if there is a formal finding that the activity complies with the provisions of this Section.

In the event the activity outlined in the application is found not to comply with the provisions of this Section, the applicant shall be notified of the finding within ten (10) days of the reviewing body's decision. The notification shall include the finding of the reviewing body and a recommendation as to how the activity could be altered to comply with the provisions of this Section.

10.49-10.50 : Reserved


10.51 : Downtown Design District.

1.000 Statement of Purpose.
The City of Mankato's Downtown Design District, defined on the Official Zoning Map, is intended to be the community's downtown "showcase" business and civic district. The City Council finds that the area's visibility, private and public assets, and economic importance gives rise to the need for a special approach to the development of this area.
2.000 Application-Certificate of Design Compliance.
A Certificate of Design Compliance shall be required for all construction activities, including all street and utility activities, within the Downtown Design District. No building permit shall be issued for any activity listed in this subdivision unless a Certificate of Design Compliance has been issued. The purpose of the Certificate of Design Compliance is to insure that development activity will enhance the visual and aesthetic character of the Downtown area in accordance with the Riverfront 2000 Plan and the design framework set forth in this document.

A Certificate of Design Compliance shall be required for the following:
    A. The expansion and exterior alteration of buildings, existing on the effective date of this ordinance, when said expansion or exterior alteration requires a building permit. In such case, the expansion or exterior alteration shall be compatible with the materials, color, scale, and architectural features of the existing building.
    B. The construction of new buildings.
    C. Moving a building.
    D. Demolition of a building.
    E. Adding or removing landscaping plantings in excess of one hundred (100) square feet in area.
    F. Erection of signs.
    G. All mobile and/or seasonal concession vehicles/stands located within the Downtown area which effectively become permanent structures by remaining immobile at the same location for more than three hours in any twenty-four (24) hour period.
3.000 Application and Plans.
An application for a Certificate of Design Compliance shall be submitted to the Planning Director for any activity in the Downtown Design District listed in Subd. 2. Prior to the filing of an application, the developer shall meet with the Planning Director, or his/her designee, for informal discussions regarding the proposed development. As far as practical, the Planning Director will advise the developer as to the extent the proposed development conforms to the established design criteria set forth and suggest possible plan modification. Such form of application shall be supplied by the City's Division of Planning and Development Services. The application shall be accompanied by detailed plans for the proposed activity. Such plans shall at a minimum include:
    A. Description of site.
    B. Area of site (in square feet or acres).
    C. Date, north arrow, and scale (1:20, 1:50, or 1:100).
    D. Name and address of person(s) preparing the plan.
    E. Key map showing the site location and existing structures within one hundred (100) feet of the site.
    F. Scaled footprint of main building and all accessory structures.
    G. On-site open space and landscaped areas, including plant species, fencing, and other landscape amenities.
    H. Location of on-site parking facilities.
    I. Loading and servicing areas.
    J. Scale drawings of all proposed building elevations, including roof plan.
    K. Floor plans to scale.
    L. Sign plan showing materials, colors, and area.
    M. Perspectives, model or other suitable graphic materials as required.
      1. Exceptions. The following activities shall not be required to submit the above plan items provided that sufficient information is provided for a determination to be made by the Planning Director regarding the compliance of the activity.
        A. The expansion and alteration of the exterior of buildings that exist on the effective date of this Ordinance.
        B. Erection of signs.
        C. All mobile and/or seasonal concession vehicles/stands located within the Downtown area which effectively become permanent structures by remaining immobile at the same location for more than three (3) hours in any twenty-four (24) hour period.
4.000 Plan Review.
Upon receipt of a completed application for a Certificate of Design Compliance, the Planning Director shall forward the application to the Planning Commission if the estimated cost of the activity outlined in the application exceeds one hundred thousand dollars ($100,000). For activities with an estimated cost in excess of one hundred thousand dollars ($100,000), the Planning Commission shall review the activity to determine whether the proposed project meets the intent and requirements of this Section. If the cost of the activity exceeds five hundred thousand dollars ($500,000), the Planning Commission shall forward a recommendation to the City Council regarding the activity's compliance with this Section. For activities with an estimated cost of less than one hundred thousand dollars ($100,000), the Planning Director shall be responsible for undertaking an expeditious and timely review to determine whether the proposed project meets the intent and requirements of this Section.

The Planning Director shall, after receipt of a completed application, make every reasonable effort to communicate with the applicant regarding the status of the application during the review process.
5.000 Issuance of Certificate of Design Compliance.
The City Council, after receiving the recommendation of the Planning Commission, may issue a Certificate of Design Compliance for any of the activities listed in Subd. 2. The City Council shall have the sole authority for issuing certificates for all new developments or significant redevelopments of property.

The Planning Commission may issue Certificates of Design Compliance for any activity listed in Subd. 2 for which the estimated cost is less than five hundred thousand dollars ($500,000). The Planning Director may issue a Certificate of Design Compliance for any activity listed in Subd. 2 for which the estimated cost is less than one hundred thousand dollars ($100,000). The Planning Director or Planning Commission may refer any application for a Certificate of Design Compliance to the City Council for review.

The City Council, Planning Commission, and Planning Director shall issue a Certificate of Design Compliance only if there is a formal finding that the activity complies with the provisions of this Section. If more than sixty (60) days have elapsed since the completed application was submitted to the Planning Director, and no formal finding has been given to the applicant as to whether the activity outlined in the application complies with this Section, the application will be automatically approved and an application for a building permit may be submitted.

In the event the activity outlined in the application is found not to comply with the provisions of this Section, the applicant shall be notified of the finding within ten (10) days of the reviewing body's decision. The notification shall include the finding of the reviewing body and a recommendation as to how the activity could be altered to comply with the provisions of this Section.
6.000 Design Framework Established.
A design framework for the Downtown Design District is hereby established to serve as a basis for design review in the district.

The primary goal of the design framework is to foster the "sense of place" within the Downtown Design District. To achieve this, the design framework presents specific objectives that will enhance the Downtown Design District's character, assure harmonious new development, and strengthen the area's cohesiveness and attractiveness. The Council finds that compliance with the objectives as set forth in this Section will strengthen property values and protect the private and public investments made within the Downtown Design District.

The standards and guidelines set forth in this design framework are intended to encourage sensitive architectural rehabilitation and preservation of the older significant buildings as well as establish standards for new developments which emphasize harmonious and unifying architectural design that will tie the entire district together.

To refine and/or enhance the most desirable characteristics of the Downtown Design District, the following urban design standards and guidelines shall apply:
    A. Acceptable Exterior Building Materials. Exterior building materials shall consist of traditional high quality materials, including:
      1. Brick and mortar.
      2. Cut limestone or other natural stone.
      3. Pre-cast concrete units and concrete block, provided the surfaces are molded, serrated examples or treated with a texture material in order to give the wall surface a three-dimensional character.
      4. Synthetic stucco and architectural panels.
      5. Glass.
      6. Weather-resistant metal accent or other metal determined to satisfy the intent of this Section.

    B. Colors. Colors are an important element of the overall design concept for the downtown area and should be complementary to the Downtown Design District's showcase building, the Mankato Civic Center/Arena, or other historic and significant buildings in the vicinity.
    C. Building Mass and Height. Development proposals shall not degrade the appearance or function of other buildings in the area due to the new development's building mass and/or height.
    D. Architectural Features. Architectural features which create a sculptural or three-dimensional quality such as marquees, balconies, grill work, sculpted keystones, caryatids, detailed cornices, brackets, niches, and awnings are encouraged. Such ornamentation also furthers the urban design goal of adding scale and texture to the district. However, these features shall be in keeping with the overall architectural style of the building and the character of the Downtown Design District.
    E. Landscaping and Lighting. New developments in the Downtown Design District will incorporate open areas accessory to the main building. Courtyards and plazas are encouraged. As far as practical, open areas shall be landscaped with a combination of trees, shrubs, flowers and ground cover, decorative wrought iron fencing. Surface parking lots containing over ten (10) parking stalls shall incorporate landscaping which comprises ten percent (10%) of the parking lot area.

    Lighting standards along sidewalks or in open spaces and plazas shall be similar to lighting standards found along Hickory Street in the vicinity of the Mankato Civic Center and Arena. Lighting standards in parking lots and lots illuminated by building surface mounted lights may use an alternative fixture with the approval of the Planning Director. Decorative standards are encouraged for parking lots but a "shoe box" type fixture or other fixture may be approved provided it does not exceed forty (40) feet in height.
    F. Visual Connections and Gateways. It is recognized in the Riverfront 2000 plan that several areas in the Downtown Design District serve as gateways to the downtown area. In addition, the public roadways in the downtown area serve as visual connections. These visual connections serve as visual access between structural elements in the downtown area (for example, South Riverfront Drive in the vicinity of the Depot and Civic Center), and visual connections between the downtown core and adjoining land use districts or significant buildings located outside of the area (for example, Jackson Street, which serves as a visual connection between Mankato Place and the Old Main Building).

    Visual connections and gateways are important to the perception of the downtown areas and development proposals shall be reviewed on the basis as to how the corridors and gateways will be impacted. New landscaping, building construction, or building alteration, shall be designed to not unduly block or compromise connections or gateways.

    G. Signs. Signs shall conform to district standards as set forth in Section 10.87 of the City Code. Neon, wall signs consisting of individual letters, projecting sculptural or carved signs with wrought iron brackets, and decorative banners and flags are encouraged.
    H. Downtown Design Area Supplement. The Planning Agency shall develop and recommend to the Council a Downtown Design Area Supplement that will serve as a guideline for the implementation of the design framework.
7.000 Special Review Considerations.
    1. Because of the varying characteristics of the land uses allowed and adjacent uses, projects must be viewed in the context of existing and planned developments. The Council may impose special design requirements upon a proposed use in order to mitigate against undue negative impacts on surrounding uses.

    2. When considering the aesthetics of a development proposal, it should be recognized that developments must maintain their economic viability if any improvements are to be made in the district.

    3. Review of activities in the Downtown Design District should be mindful of the need and requirements for handicapped accessibility in its review of development proposals.

    4. The forgoing urban design guidelines are in no way intended to create uniformity which would result in an uninteresting and contrived appearance. New developments and alterations to existing structures which add to the variety of compatible uses, harmonious visual images, and rich sensory experiences of the district are encouraged.
8.000 Nonconforming Buildings.
Buildings existing on the effective date of this Ordinance which are considered nonconforming under the design framework contained in Subd. 6, may continue in their present appearance and design. Any such nonconforming structure which is damaged or destroyed by any means not within the control of the owner, may be repaired or restored to its pre-existing condition; provided that if the structure is destroyed by more than fifty percent (50%) of its assessed market value before destruction or damage, said structure shall conform to the use, bulk, density, and height provisions of this Chapter (Zoning Ordinance).
9.000 Sequence of Approval of Applications for Both a Certificate of
An application for a Certificate of Design Compliance shall be reviewed by the Council concurrent with the consideration of an application for a conditional use permit or variance addressing the same activity.
10.000 Violations.
If any building or structure is erected, constructed, reconstructed, altered, repaired, or converted in a violation of this Subdivision, the City may institute any proper action or proceedings and shall have police power to prevent the occupancy of the building.
11.000 Fees.
An applicant for a Certificate of Design Compliance shall pay a non-refundable filing fee in connection with the submittal of the application. There shall be no filing fee for activities with an estimated cost of less than one hundred thousand dollars ($100,000). A non-refundable filing fee of seventy-five dollars ($75) shall be required for activities with an estimated cost between one hundred thousand dollars ($100,000) and five hundred thousand dollars ($500,000). A non-refundable filing fee of one hundred dollars ($100) shall be required for activities with an estimated cost of more than five hundred thousand dollars ($500,000).
12.000 Other Regulations Applicable.
The regulations contained in this Section shall be deemed to be in addition to zoning district standards contained in this Code and other applicable laws, ordinances, rules, and regulations. Where conflicts occur, the more restrictive regulations shall apply.

10.52-10.60 : Reserved


10.60a : PART VII. INDUSTRIAL DISTRICTS.


10.61 : General Requirements.

1.000 Accessory Uses and Structures.
Accessory uses and structures, including accessory surface parking lots and parking structures or garages, are permitted in the Industrial Districts subject to the regulations of Section 10.81 of this Chapter.
2.000 Compliance with Applicable Regulations.
Any use established in an Industrial District after the effective date of this Chapter shall be so operated as to comply with all applicable local, state, and federal standards for such uses, including but not limited to, the control for noise, vibration, air pollution, fire and explosive hazards, toxic substances, water pollution, and glare.
3.000 Off-Street Parking and Loading.
Off-street parking and loading facilities shall be provided for the Industrial Districts in accordance with the regulations set forth in Section 10.86 of this Chapter.
4.000 Landscaping and Screening.
Landscaping and screening shall be provided for the Industrial Districts in accordance with the regulations set forth in Section 10.88 of this Chapter.
5.000 Signs.
Signs in the Industrial Districts shall comply with the applicable sign regulations set forth in Section 10.87 of this Chapter.
6.000 Performance Standards.
Requirements relating to performance standards in the Industrial Districts are set forth in Section 10.89 of this Chapter.
7.000 Site Plan Review.
Applications for development approval for properties located in the industrial districts shall be subject to Site Plan Review in accordance with the requirements of Section 10.90 of this Chapter.
8.000 General Provisions.
Refer to Part IX, Standards for General Applicability, for additional standards and exceptions.
9.000 Planned Unit Development.
A planned unit development plan may be submitted for consideration by the City Council for any property located in the Industrial Zoning Districts. Refer to Section 10.93 for submittal requirements and development standards.
10.000 Urban Design Guidelines.
The following shall apply to development proposals and plans submitted after the adoption of this Section (7-10-2000).

    A. New Development. Development plans for new development on vacant parcels shall be required to demonstrate conformance to the General Design Principles and Recommendations and/or General Site Development Guidelines of the Urban Design Framework Manual.
    B. Existing Development. Development and structures that exist before the adoption of this Subdivision shall not be considered nonconforming under this Subdivision and shall be permitted to continue and expand in a manner consistent with existing conditions, designs, and approvals granted under this Chapter.
    C. Redevelopment.
      1. When the principle use of property changes and is accompanied by a change in the ground coverage of existing buildings or structures, development plans shall demonstrate conformance to the General Design Principles and Recommendations and General Site Development Guidelines of the Urban Design Framework Manual. The Site Plan Review Committee and/or Planning Agency may grant or recommend variances from this Subdivision, as appropriate, when it is determined that practical hardships exist because of site conditions or the character of other structures in the vicinity.
      2. Redevelopment plans that include demolition of the existing principle structure to an extent of 50 percent or more of the floor area shall be considered new development and shall be subject to Subdivision 10a above.

10.62 : PI Planned Industrial District.

1.000 Purpose.
The PI, Planned Industrial District, is intended to provide strategic sites for certain light industrial development under exemplary standards that assist in making such developments compatible with property in neighboring residential and commercial districts.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the PI, Planned Industrial District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Automobile service stations.
    B. Bottling establishments.
    C. Cabinet and woodworking establishments.
    D. Catalog and mail order houses.
    E. Cold storage.
    F. Commercial printing, publishing, engraving, and reproduction firms.
    G. Computer hardware and software manufacturing or testing.
    H. Design and Manufacturing of:
      1. Laboratory instruments and associated equipment.
      2. Patterns.
      3. Signs and advertising display materials.
    I. Dry-cleaning establishments.
    J. Essential service utility structures and facilities.
    K. Fabrication and Assembly of:
      1. Blank books and loose leaf binders.
      2. Radios and televisions.
      3. Temperature controls.
    L. Hardware warehousing and distribution operations.
    M. Laundries.
    N. Lumberyards.
    O. Manufacturing of:
      1. Art equipment and supplies.
      2. Camera and photographic equipment.
      3. Clothing.
      4. Dental instruments and supplies.
      5. Electric lighting and wiring equipment.
      6. Electric measuring and testing equipment.
      7. Electronic tubes and other components.
      8. Jewelry.
      9. Medical and surgical instruments and supplies.
      10. Office furniture and supplies.
    P. Manufacturing and Assembly of:
      1. Electrical products and appliances.
      2. Hand and edge tools.
      3. Luggage, handbags, and other similar items.
      4. Optical instruments and lenses.
      5. Plumbing fixtures and equipment.
      6. Precision fixtures and equipment.
      7. Scientific and research instruments and equipment.
      8. Sports equipment.
      9. Telephone and telegraph technical apparatus.
    Q. Manufacturing and Fabrication of:
      1. Books and bookbinding.
      2. Footwear.
      3. Plastic extrusion, molding, and fixtures.
    R. Manufacturing and Packaging of:
      1. Bakery products.
      2. Confectionery and related products.
    S. Manufacturing and Storage of:
      1. Bags, boxes, and paper containers.
      2. Ice and ice cream.
    T. Newspaper plants and offices.
    U. Pottery shops.
    V. Trade schools.
    W. Welding supply.
    X. Wholesale business facilities.
    Y. Indoor firing ranges, per the restrictions of Section 10.82 (Ord. of 10-13-97)
    Z. Professional service offices.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the PI, Planned Industrial District. Every use, unless expressly exempted below or allowed by a conditional use permit, shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment:
    A. Daycare facilities, when accessory to a permitted or conditional use.
    B. Dwelling units provided for employees, including their families, having duties in connection with any premises requiring them to reside on the premises.
    C. Heliports and freight terminals.
    D. Recycling centers.
    E. Self-service storage facilities.
    F. Unenclosed storage of materials, products, and equipment (accessory or main use), conforming to Section 10.82.
    G. Other manufacturing, processing, storage, wholesale, commercial, office, construction or service uses similar in character to those listed as permitted uses above.
4.000 Minimum Lot Area.
The minimum lot area in the PI, Planned Industrial District, is 21,780 square feet. 
5.000 Minimum Lot Frontage.
The minimum lot frontage in the PI, Planned Industrial District, is one hundred (100) feet.
6.000 Yards and Setbacks.
The yard and setback requirements for the PI, Planned Industrial District, are as follows:
    A. Front Yard Setback. There shall be provided a twenty (20) foot front yard setback to an impervious parking or storage surface and any portion of a building.
    B. Side Yard Setback. Two (2) side yard setbacks shall be provided and shall be not less than fifteen (15) feet from the side property lines to any impervious parking or storage surface or any portion of a building.
    C. Rear Yard Setback. There shall be provided a six (6) foot rear yard setback to an impervious parking or storage surface and a twenty (20) foot rear yard setback to any portion of a building.
    D. Transitional Yard Setback. A transitional yard of thirty (30) feet shall be provided whenever a PI, Planned Industrial District, abuts a Residential District. The transitional yard shall extend the entire length of the abutting Residential District boundary and shall be landscaped per Section 10.88.
7.000 Maximum Building Height.
No restriction.
8.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on the zoning lot line in the PI, Planned Industrial District, shall not exceed eighty percent (80%).
9.000 Maximum Floor Area Ratio.
The maximum floor area ratio in the PI, Planned Industrial District, shall not exceed 3.0.
10.000 Building Design and Construction.
All buildings and structures in the PI, Planned Industrial District, shall meet the following building design and construction standards:
    A. Exterior Wall Finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials:
      1. Face brick. 2. Factory fabricated and finished metal framed panel construction, glass, prefinished metal (except for unpainted galvanized iron), or plastic.
      3. Natural stone.
      4. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture.
      5. Other material as approved by the Planning Agency in conformance with the existing design study for the district.
    B. Additions and Accessory Buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

10.63 : M-1 Light Industrial District.

1.000 Purpose.
The M-1, Light Industrial District, is intended to provide sites for light manufacturing and light industrial uses under controls that minimize any adverse effects on property in neighboring residential, business or commercial districts.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the M-1, Light Industrial District:
    A. Uses listed as permitted uses in the PI, Planned Industrial District. except professional service offices.
    B. Adult uses, per Section 10.83.
    C. Automobile , airplane, and farm implement assembly.
    D. Building materials yards and contractors' yards.
    E. Cleaning and dyeing plants.
    F. Concrete mixing and concrete products manufacturing.
    G. Essential service utility structures and facilities.
    H. Light manufacturing industries consisting of the processing, treatment, and packaging of goods and foodstuffs, except alcohol or alcoholic beverages.
    I. Outside storage of material and equipment, per the restrictions of Section 10.81.
    J. Railroad lines and spurs, passenger and freight deposits.
    K. Recyclable material collection (temporary or permanent).
    L. Storage elevators.
    M. Wholesale gasoline and oil storage.
    N. Indoor firing ranges, per the restrictions of Section 10.82 (Ord. of 10-13-97)
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the M-1, Light Industrial District:
    A. Uses listed as conditional uses in the PI, Planned Industrial District.
    B. Electricity generating facilities, when not determined to be objectionable due to noise, odor, or vibration.
    C. Professional service offices with a floor area greater than 10,000 square feet.
    D. Other wholesale, light manufacturing, construction, or service uses similar in character to those listed above.  
4.000 Minimum Lot Area.
The minimum lot area required in the M-1, Light Industrial District, is seven thousand (7,000) square feet. (Ord. of 7-9-2001).
5.000 Minimum Lot Frontage.
The minimum lot frontage in the M-1, Light Industrial District, is one hundred (100) feet, to be measured at the front property line. (Ord. of 7-9-2001).
6.000 Yards and Setbacks.
The yard and setback requirements for the M-1, Light Industrial District, are as follows:
    A. Front Yard Setback. There shall be provided a fifteen (15) foot front yard setback to an impervious parking or storage surface and a thirty (30) foot setback to any portion of a building.
    B. Side Yard Setback. There shall be provided a six (6) foot side yard setback to an impervious parking or storage surface and a fifteen (15) foot side yard setback to any portion of a building. Two (2) side yards shall be required.
    C. Rear Yard Setback. None required.
    D. Transitional Yard Setback. A transitional yard of thirty (30) feet shall be provided whenever a M-1, Light Industrial District, abuts a Residential District. The transitional yard shall extend the entire length of the abutting Residential District boundary and shall be landscaped per Section 10.88.
7.000 Maximum Building Height.
No restriction.
8.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on the zoning lot in the M-1, Light Industrial District, shall not exceed seventy-five percent (75%).

10.64 : M-2 Heavy Industrial District.

1.000 Purpose.
The M-2, Heavy Industrial District, is intended to provide sites for a range of intensive manufacturing and industrial uses under controls that minimize any adverse effects on property in neighboring residential, business, or commercial districts.
2.000 Permitted Uses.
Except as specifically limited herein, the following uses are permitted in the M-2, Heavy Industrial District:
    A. Permitted and conditional uses in the PI and M-1 Districts shall be permitted in the M-2 Heavy Industrial District, except adult uses shall not be allowed, and professional service offices shall be considered a conditional use.
3.000 Conditional Uses.
Except as specifically limited herein, the following uses may be allowed in the M-2, Heavy Industrial District:
    A. Acid manufacturer.
    B. Automobile service stations.
    C. Cement, lime, gypsum or plaster of Paris manufacturer.
    D. Compost facility.
    E. Distilling of bones, coal, tar, petroleum, refuse, grain, or wood.
    F. Drilling or excavation for, or removal of, oil, gas, or other hydrocarbons or minerals.
    G. Dumps.
    H. Explosive manufacturing or storage.
    I. Fat rendering.
    J. Fertilizer manufacturing.
    K. Garbage, offal, dead animal or fish reduction, dumping or incineration.
    L. Gas, illuminating or heating, manufacturing.
    M. Glue manufacturing.
    N. Gravel pits, gravel and sand washing and grading, rock crushing, washing and grading, quarrying and related uses.
    O. Petroleum refining.
    P. Smelting of ores.
    Q. Stockyards or slaughter of animals, except poultry or rabbits.
    R. Tanneries.
    S. Indoor firing ranges, per the restrictions of Section 10.82
    T. Professional service offices with a floor area greater than 10,000 square feet.
4.000 Minimum Lot Area.
The minimum lot area required in the M-2, Heavy Industrial District, is seven thousand (7,000) square feet.
5.000 Minimum Lot Frontage.
The minimum lot frontage in the M-2, Heavy Industrial District, is one hundred (100) feet, to be measured at the front property line.
6.000 Yards and Setbacks.
The yard and setback requirements for the M-2, Heavy Industrial District, are as follows:
    A. Front Yard Setback. There shall be provided a fifteen (15) foot front yard setback to an impervious parking or storage surface and a thirty (30) foot setback to any portion of a building.
    B. Side Yard Setback. There shall be provided a six (6) foot side yard setback to an impervious parking or storage surface and a fifteen (15) foot side yard setback to any portion of a building. Two (2) side yards shall be required.
    C. Rear Yard Setback. None required.
    D. Transitional Yard Setback. A transitional yard of thirty (30) feet shall be provided whenever a M-2, Heavy Industrial District, abuts a Residential District. The transitional yard shall extend the entire length of the abutting Residential District boundary and shall be landscaped per Section 10.88.
7.000 Maximum Building Height.
No restriction.
8.000 Maximum Ground Coverage.
The sum total of ground area that may be covered by all structures located on the zoning lot in the M-2, Heavy Industrial District, shall not exceed seventy-five percent (75%).

10.65-10.70 : Reserved


10.70a : PART VIII. FLOODPLAIN.


10.71 : Floodplain District.

1.000 Statutory Authorization.
The Legislature of the State of Minnesota has in Minnesota Statutes 1992, Chapter 103F and Chapter 462 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses.
2.000 Definitions.
Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application.
    A. Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
    B. 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.
    C. Conditional Use. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:
      1. Certain conditions as detailed in the zoning ordinance exist.
      2. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.
    D. 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. E. 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.
    F. Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
    G. Flood Fringe. That portion of the floodplain outside the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Mankato. The flood fringe shall include those areas shown on the Flood Insurance Rate Map adopted in Subd. 6 as being within Zone AE but being located outside of the floodway. (Ord. of 9-25-2000)
    H. Floodplain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
    I. Floodproofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
    J. Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. The floodway shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Subd. 6. (Ord. of 9-25-2000)
    K. 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 floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
    L. 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.
    M. 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" used in the Flood Insurance Study.
    N. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
    O. Structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Subdivision 16(C)(1) of this Section and other similar items.
3.000 Findings of Fact.
    A. Existence of Potential Hazards. The flood hazard areas of Mankato, Minnesota, 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
    B. Methods Used to Analyze Flood Hazards. This Section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
4.000 Statement of Purpose.
It is the purpose of this Section to promote the public health, safety, and general welfare and to minimize those losses described in Subd. 3(A) by provisions contained herein.
5.000 Lands to Which This Section Applies.
This Section shall apply to all lands within the jurisdiction of the City of Mankato shown on the Official Zoning Map as being located within the boundaries of the Floodway or Flood Fringe.
6.000 Establishment of Official Zoning Map.
The Official Zoning Map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Mankato, Minnesota, Blue Earth and Nicollet Counties, prepared by the Federal Emergency Management Agency and dated November 20, 2000, and the Flood Insurance Rate Map Panels therein dated November 20, 2000 and numbered 275242 0001 D and 275242 0003 D.
7.000 Regulatory Flood Protection Elevation.
The Regulatory Flood Protection Elevation shall be an elevation no lower than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

    A. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts, as described in Subd. 11 A. and Subd. 11 B. of this ordinance, respectively, shall be established by adding one (1) foot to the "Base Flood Water Surface Elevation, With Floodway" column found in Table 2 in the City of Mankato Flood Insurance Study Text adopted in Subd. 6 of this ordinance.
    B. The regulatory flood protection elevation within the General Floodplain District, as described in Subd. 11 C. of this ordinance shall be established by following the procedures found in Subd. 11 C. of this ordinance.
8.000 Interpretation.
    A. Construed to be Minimum Requirements. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
    B. Method of Determining Boundaries. The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as 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, the Board of Adjustments shall make the necessary interpretation based on elevations on the regional (100-year) flood profile. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence if they so desire.
9.000 Abrogation and Greater Restrictions.
It is not 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 Section are hereby repealed to the extent of the inconsistency only.
10.000 Warning and Disclaimer of Liability.
This Section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City of Mankato or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.
11.000 Establishment of Zoning Districts.
    A. Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Subd. 6.
    B. Flood Fringe District. The Flood Fringe District shall include those areas designated on the Flood Insurance Rate Map adopted in Subd. 6 as being within Zone AE but being located outside of the floodway.
    C. General Floodplain District. The General Floodplain District shall include those areas designated as "Zone A" on the Flood Insurance Rate Map adopted in Subd. 6 and shall be subject to the following criteria.
      1. In the General Floodplain District, the uses listed in Subd. 12 A. of this ordinance shall be permitted uses, subject to the standards found in Subd. 12 B. of this ordinance.
      2. All other uses in the General Floodplain District shall be subject to a floodway/flood fringe evaluation pursuant to Subsections 3 through 5 that immediately follow. Subdivision 12 of this ordinance shall apply if the proposed use is determined to be in the floodway. Subdivision 13 of this ordinance shall apply if the proposed use is determined to be in the flood fringe.
      3. Upon receipt of a permit application in the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe.
        a. A typical 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.
        b. 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; location and elevations of street; photographs showing existing land uses and vegetation upstream and downstream; and soil type.
        c. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
      4. 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 and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations, Parts 6120.5000 - 6120.6200 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. The designated engineer or expert shall:
        a. Estimate the peak discharge of the regional flood.
        b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
        c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser increase than .5' shall be required if, as a result of the additional stage 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.
      5. The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended floodway and/or flood fringe boundary or deny the permit application. The Governing Body, 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 Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Subd. 12 and/or Subd. 13 of this ordinance.
    D. Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations which apply to uses within the jurisdiction of this Section. Within the Floodway and Flood Fringe, all uses not listed as permitted uses or conditional uses in Subds. 12 and 13, that follow, respectively, shall be prohibited. In addition, a caution is provided here that:
      1. New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provision of this Ordinance and specifically Subd. 16.
      2. Modifications, additions, structural alterations 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 specifically Subd. 18.
      3. As-built elevations for elevated or floodproofed structures must be certified by ground surveys and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Subd. 17 of this Ordinance.
12.000 Floodway District (FW).
    A. Permitted Uses.
      1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
      2. Industrial-commercial loading areas, parking areas, and airport landing strips.
      3. 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.
      4. Residential lawns, gardens, parking areas, and play areas.
    B. Standards for Floodway Permitted Uses.
      1. The use shall have a low flow damage potential.
      2. The use shall be permissible in the underlying zoning district if one exists.
      3. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment.
    C. Floodway Conditional Uses.
      1. Structures accessory to the uses listed in Subd. 11(A) above and the uses listed in Subd. 12(C)(2) through Subd. 12(C)(8) below.
      2. Extraction and storage of sand, gravel, and other materials.
      3. Marinas, boat rentals, docks, piers, wharves, and water control structures.
      4. Railroads, streets, bridges, utility transmission lines, and pipelines.
      5. Storage yards for equipment, machinery, or materials.
      6. Placement of fill.
      7. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Subd. 16(C) of this Ordinance.
      8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten (10) year frequency flood event.
    D. Standards for Floodway Conditional Uses.
      1. All Uses. 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 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
      2. All Floodway Conditional Uses shall be subject to the procedures and standards contained in Subd. 17(D) of this Ordinance.
      3. The Conditional Use shall be permissible in the underlying zoning district if one exists.
      4. Fill.
        a. Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable methods.
        b. 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 and erosion/sedimentation prevention element to the plan.
        c. As an alternative, and consistent with Subd. 12(D)(4)(b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the one hundred (100) year or regional flood, but only after the Planning Agency 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 must be title registered with the property in the Office of the County Recorder.
      5. Accessory Structures.
        a. Accessory structures shall not be designed human habitation.
        b. 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.
        c. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow.
        d. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
        e. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 of FP-2 floodproofing classifications in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage space. All flood accessory structures must meet the following additional standards, as appropriate.
          1. The structure must 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.
          2. Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly floodproofed.
      6. Storage of Materials and Equipment.
        a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
        b. 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.
      7. 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, Chapter 105. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the Floodway. 8. A levee, dike or floodwall constructed in the Floodway shall not cause an increase to the one hundred (100) year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of the stream.
13.000 A. Permitted Uses.
Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). All permitted uses shall comply with the "Standards for Flood Fringe Permitted Uses" listed in Subd. 13(B) and the "Standards for All Flood Fringe Uses" listed in Subd. 13(E).
13.000 B. Standards for Flood Fringe Permitted Uses.
    1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including 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 such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon.
    2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet for the outside dimension at ground level may be internally floodproofed in accordance with Subd. 12 (D)(5)(e).
    3. The cumulative placement of fill in excess of twenty-five (25) cubic yards shall be allowed only as a conditional use.
    4. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.
    5. The provisions of Subd. 13(E) of this Ordinance shall apply.
13.000 C. Conditional Uses.
Any structure that is not elevated on fill or floodproofed in accordance with Subds. 13(B)(1) and(2) or any use of land that does not comply with the standards in Subds. 13(B)(3) and(4) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards to the standards and criteria and evaluation procedures specified in Subd. 13(D) and Subd. 13(E) and Subd. 17(D) of this Ordinance.
13.000 D. Standards for Flood Fringe Conditional Uses.
    1. 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: (a) The enclosed area is above grade on at least one (1) side of the structure; (b) It is designed to internally flood and is constructed with flood resistant materials; or (c) It is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards.
      a. Design and Certification. The structure's design and as-built condition must 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 must 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.
      b. Specific Standards for Above-Grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
        1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of tall openings shall be no higher than one (1) foot above grade. 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.
        2. The enclosed area will 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.
    2. Basements, as defined by Subd. 2, shall be subject to the following:
      a. Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.
      b. Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry floodproofed in accordance with Subd. 13(D)(3), immediately below.
    3. All areas of non-residential structures, including basements to be placed below the Regulatory Flood Protection Elevation, shall be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
    4. 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 must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the one hundred (100) year or regional flood event. The plan must be prepared and certified by a registered professional engineer. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
    5. Storage of Materials and Equipment.
      a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
      b. 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 Planning Agency.
    6. The provisions of Subd. 13(E) of this Ordinance shall also apply.
13.000 Flood Fringe District (FF).
14.000 Subdivisions.
    A. 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 floodplain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance 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 floodplain, 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 subdivision drawings and platting documents.
    B. 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 standards should be investigated prior to the initiation of the site preparation if a change of special flood hazard area designation will be requested.
14.000 E. Standards for All Flood Fringe Uses.
Uses.
    1. All new principle structures must 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 Adjustments must 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.
    2. 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 greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.
    3. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operation, 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 Subd. 13(E)(2) immediately above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.
    4. 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 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 standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
    5. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a Floodway or other encroachment limit has not been specified on the Official Zoning Map.
    6. Standards for travel trailers and travel vehicles are contained in Subd. 15(C).
    7. 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.
14.000 Flood Fringe District (FF).
15.000 Public Utilities, Railroads, Roads, and Bridges.
    A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation.
    B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subds. 11 and 12 of this Section. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or 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.
    C. On-Site Sewage Treatment and Water Supply Systems. Where public utilities are not provided:
      1. On-site water supply systems must be designated to minimize or eliminate infiltration of flood waters into the systems.
      2. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into systems and discharges from the systems into flood waters and they shall not be subject to impairment or 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.
16.000 Manufactured Homes and Manufactured Home Parks and Placement of Travel Vehicles.
    A. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Subd. 14 of this Section.
    B. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with Subd. 13 of this Section. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Subd. 13(E)(1), then replacement manufactured homes will not be allowed until the property owner(s) develop a flood warning emergency plan acceptable to the City Council.
      1. 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.
    C. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Subd. 16(C)(2) below shall be subject to the provisions of this Section and as specifically spelled out in Subds. 16(C)(3) and (4) below.
      1. Exemption. Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Subsection (b) below and further they meet the following criteria:
        a. Have current licenses required for highway use.
        b. Are highway ready, meaning all wheels are, or the internal jacking system is, attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it.
        c. The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
      2. Areas Exempt for Placement of Travel/Recreational Vehicles.
        a. Individual lots or parcels of record.
        b. Existing commercial recreational vehicle parks or campgrounds.
        c. Existing condominium type associations.
      3. Travel trailers and travel vehicles in Subd. 16 (C)(1) above lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in Subds. 12 and 13 of this Section.
      4. New commercial travel trailer or travel 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 travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or 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 Subd. 13(E)(1) of this Ordinance. No fill placed in the Floodway to meet the requirements of this Section shall increase flood stages of the one hundred (100) year or regional flood.
        b. All new or replacement travel trailers or travel 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 Subd. 17(D) of this Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the one hundred (100) year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subd. 15(C) of this Ordinance.
17.000 Administration.
17.000 A. Zoning Administrator.
    A Zoning Administrator or other official designated by the City Council shall administer and enforce this Section. If the Zoning Administrator finds a violation of the provisions of this Section, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Subd. 19 of this Section.
17.000 B. Permit Requirements.
    1. Permit Required. A permit issued by the Zoning Administrator or Building Official in conformity with the provisions of this Section shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage off materials or equipment within the floodplain.
    2. Application for Permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning 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 material; and the location of the foregoing in relation to the stream channel.
    3. State and Federal Permits. Granting a permit or processing of an application for a conditional use permit or variance does not relieve the applicant from the applicant's responsibility to insure that all State and Federal permits have been obtained for the activity allowed by the permit or addressed in the application.
    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 Section.
    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 Subd. 19 of this Section.
    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 Ordinance. Floodproofing measures shall be certified by a registered professional engineer.
    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 floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures that are floodproofed.
17.000 C. Board of Adjustments and Appeals.
    1. Establishment and Review. The establishment, power, and duties of the Board of Adjustments and Appeals are outlined in Section 10.91, Subd. 4.
    2. Variance. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Section as will not be contrary to the public interest and only for those circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities. In the granting of such variance, the Board of Adjustments and Appeals shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing in any district uses 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.
    3. Hearing. Upon filing with the Board of Adjustments and Appeals of an appeal from a decision of the Zoning Administrator, or an application for a variance, 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 will receive at least ten (10) days notice of the hearing.
    4. Decisions. In deciding upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Section, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Subd. 17(D)(5), which are 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 is granted, shall be deemed a violation of this Section punishable under Subd. 19. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.
    5. Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Officials Controls and also Minnesota Statutes.
    6. Flood Insurance Notice and Record Keeping. The Zoning 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 twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage.
      b. Such construction below the one hundred (100) year or regional flood level increases risks to life and property. Such 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.
17.000 D. Conditional Use Permits.
The City Council shall hear and decide applications for conditional uses permissible under this Section. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning Agency for consideration and recommendation to the Council.
    1. Hearings. Upon filing with the Zoning Administrator an application for a conditional use permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing.
    2. Decisions. The City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subd. 17(D)(5), which are in conformity with the purposes of this Section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Subd. 19. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.
    3. Procedures. Procedures to be followed by the Planning Agency in reviewing conditional use permit applications within all floodplain districts.
      a. Require the applicant to furnish each of the following information and additional information as deemed necessary by the Planning Agency for determining the suitability of the particular site for the proposed use:
        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, floodproofing measures, and the relationship of the above to the location of the stream channel.
        2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
      b. Transmit one (1) 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 Planning Agency shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
    4. Factors Upon Which the Decision of the City Council Shall Be Based. In reviewing conditional use applications, the City Council shall consider all relevant factors specified in other subdivisions of 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 may be 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 facility and its contents to flood damage and the effect of such 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 floodplain 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. Such other factors which are relevant to the purposes of this Ordinance.
    5. 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. Such conditions may include, but are not limited to, the following:
      a. Modification 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. Floodproofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a plan or document certified by registered professional engineer or architect that the floodproofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for a particular area.
18.000 Nonconforming Uses.
    A. A structure or the use of a structure or premises which was lawfully established 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. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
      2. Any 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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 18(A)(3) below.
      3. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial floodplain controls must be calculated into today's current cost, which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceed fifty percent (50%) of the current market value of the structure, then the structure must meet the standards of Sections 12 or 13 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or flood fringe, respectively.
      4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months.
      5. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of fifty percent (50%) or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Section. The applicable provisions for establishing new uses or new structures in Subds. 12 and 13 will apply depending upon whether the use or structure is in the floodway and flood fringe.
19.000 Penalties for Violation.
    A. Violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances of conditional uses) shall constitute a misdemeanor and shall be punishable as defined by State Law.
    B. Nothing herein contained shall prevent the City of Mankato from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:
      1. In response to a suspected ordinance violation, the City of Mankato 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 community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
      2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible.
      3. The Zoning 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 Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either:
        a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls.
        b. 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.
      4. If the responsible party does not appropriately respond to the Zoning 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 Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Section and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Section.
20.000 Amendments.
The floodplain designation on the Official Zoning Map shall not be removed from floodplain 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 regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commission of Natural Resources is it determines that, through other measures, lands are adequately protected for the intended use.

All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA's) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this Section and said notice shall include a draft of the ordinance amendment or technical study under consideration.

10.80a : PART IX. STANDARD OF GENERAL APPLICABILITY.


10.81 : General Provisions.

1.000 Accessory Uses and Structures.
Except as otherwise expressly provided or limited in this Section, accessory uses and structures are permitted in any zoning district in connection with any principal use lawfully existing within such district.
    A. Compliance. No accessory use or structure shall be established or constructed unless in compliance with this Chapter.
    B. Use Limitations. In addition to any other condition or limitation required by this Section, accessory uses and structures shall be subject to the following conditions and limitations:
      1. No accessory use or structure shall be established or constructed before the principal use is in operation or the principal structure is under construction in accordance with these regulations.
      2. In Residential Districts, no sign shall be erected in connection with an accessory use or structure.
    C. General Yard, Bulk, and Height Limitations. All accessory uses permitted by this Section shall be subject to the following general requirements:
      1. Location of Accessory Building in Required Yards.
        a. Accessory buildings are prohibited in any required front yard or side yard setbacks.
        b. No accessory building on a corner lot shall be located in the corner side yard.
      2. Maximum Coverage.
        a. In Residential Districts, an accessory building shall not occupy more than fifty percent (50%) of the total area of the required rear yard.
      3. Maximum Height of Accessory Structures.
        a. The height of accessory buildings shall not exceed the limits set for uses permitted in the district. However, accessory utility structures shall comply with applicable Federal Communications Commission or Federal Aviation Administration height regulations.
    D. Minimum Structural Requirements. Accessory buildings in residential zoning districts shall conform to the following minimum structural requirements:
      a. The roof style of the accessory building shall be similar to the roof style of the main building.
      b. Corrugated metal exterior finishes are prohibited for accessory buildings that have a ground coverage of greater than one hundred and twenty (120) square feet.
      c. The construction shall conform to the Uniform Building Code as adopted by the City Council.
      d. The building shall be constructed on a concrete slab or footing.
    E. Kennel, Private. Private dog kennels in residential zoning districts shall not be allowed in the required front or side yards. Kennels may be located in the rear yard setback, provided all portions of the kennel are located at least three (3) feet from any property line.
    F. Swimming Pools, Accessory Use. Accessory swimming pools containing more than three thousand (3,000) gallons or with a depth of water over three and one half (31/2) feet shall conform to the following standards. In addition, such pools shall be subject to site plan review pursuant to Section 10.90.
      1. No pool shall be located within at least ten (10) feet of any side or rear lot line nor within six (6) feet of any principal structure or frost footing. No pool shall be located within any front yard.
      2. No pool shall be located beneath overhead electrical lines or over underground utility lines of any type.
      3. No pool shall be located within any private or public utility, walkway, drainage, or other easement.
      4. All accessory mechanical apparatus shall be located at least thirty (30) feet from any adjacent residential structure and no closer than five (5) feet to any lot line.
      5. Lighting for the pool shall be oriented so as not to cast light onto adjacent properties.
      6. A security fence of at least six (6) feet in height shall completely enclose the pool area. The security fence shall be screened in conformance with the requirements of Section 10.88.
    G. Satellite Dishes and Antennas. Satellite dishes and antennas shall not be allowed in any required front or side yard. Satellite dishes or antennas shall be allowed in the rear yard, provided the satellite dish or antenna, including support structures, are set back three (3) feet from any property line.
2.000 Obstructions.
Projections of a principal or accessory structure may be located in a required yard only as indicated below. In no case shall any obstruction extend beyond the limits of the lot and adequate drainage shall be provided which is directed away from adjacent private property.
    1. Air conditioners, central air outside condensing units, and window units, projecting not more than thirty-six (36) inches into the required yard.
    2. Arbors and trellises in all required yards.
    3. Architectural ornaments and projections not more than four (4) inches into a required yard.
    4. Unenclosed awnings and canopies extending not more than two and one-half (21/2) feet into front or side yards and not more than five (5) feet into rear yards. Such canopy shall be cantilevered from the principal or accessory structure and shall not contain separate ground supports.
    5. Fences or walls.
    6. Fire escapes may extend into the required side yard a distance not exceeding thirty-six (36) inches.
    7. Flagpoles.
    8. Unenclosed porches, landings, or steps; provided the area of the porch, landing, or step does not exceed sixty-four (64) square feet, and does not project more than eight (8) feet into the required front yard or three (3) feet into the required side yard.
    9. Projecting eaves, gutters, bay windows, and cantilevered building extensions, provided the projection is more than thirty-six (36) inches above the ground grade and projects not more than two and one-half (2.5) feet into the required side yard and/or four (4) feet into there required front or rear yards.
    10. Fireplaces, not more than two and one-half (2.5) feet into the required side yard and/or four (4) feet into there required front or rear yards
3.000 Basement Dwellings.
No basement dwelling shall hereafter be permitted in any district. Existing basement dwellings shall have the status of nonconforming uses. Basement dwellings are defined in the Uniform Building Code (Chapter 12).
4.000 Corner Lots.
Every corner lot shall provide a required front yard and a corner side yard on the secondary street side of the lot. The width of the corner side yard shall not be less than one-half (1/2) the distance of the required front yard depth requirement for the lot. The corner side yard shall extend from the front to the rear of the lot along the secondary side street. No building shall be allowed in the corner side yard, and the restrictions on parking in the front yard shall apply to parking in the corner side yard.

Corner lots in the B-3, Highway Business District, shall provide a corner side yard equal to the dimension of the required front yard.
5.000 Through Lots.
There shall be provided a required front yard and a required rear yard on a through lot. The required setback from the rear property line for accessory structures shall be one-half (1/2) the required front yard setback.
6.000 Exceptions to District Setback and Height.
    A. Front Yard Exception. In a block where the average of the front yard of existing improved lots within a distance of one hundred (100) feet on both sides of a lot is not more than six (6) feet or not less than six (6) feet than the required front yard, the required front yard for the lot shall be the front yard average of the improved lots. Where the average is greater than six (6) feet or less than six (6) feet, the Zoning Administrator shall establish the required front yard.
    B. Building Height Exceptions. The building height limits established herein for districts shall not apply to belfries, cupolas, domes, spires, monuments, roof houses, airway beacons, radio towers, windmills, flagpoles, chimneys or flues, not to bulkheads elevators, water tanks or towers, and other structures for essential services, not to similar structures or necessary mechanical appurtenances extending above the roof of any building and not occupying more than twenty-five percent (25%) of the area of such roof. When permitted in a district having a building height limit of less than seventy-five (75) feet, public buildings, schools, churches, and other institutions, and semi-public buildings may be erected to a height not exceeding seventy-five (75) feet, provide the front yard depth, side yard widths, and rear yard depth shall each be increased by one (1) over and above the requirement for the district for each two (2) feet of building height above the building height limit for the zoning district.
    C. Side Yard Exceptions for Attached Private Garages. For one-family dwellings with an attached private garage in existence on the effective date of this Chapter, the required side yard setback may be reduced to three (3) feet for the purpose of constructing an addition to the attached private garage; provided the attached private garage is less than twenty-four (24) feet in width on the effective date of this Chapter. The addition to the attached garage shall only be allowed in conformance with the following:
      1. The cumulative width of the existing garage and garage addition shall not be more than twenty-four (24) feet.
      2. The building height of the garage addition shall not be greater than the building height of the existing attached garage.
      3. The garage addition shall not encroach into a recorded easement.
      4. The garage addition shall comply with all the other requirements of this Chapter and the Uniform Building Code.
      5. The existing garage and garage addition shall only be used as a private garage.
      6. Adequate drainage shall be provided and drainage shall be directed away from adjacent private property.
    This exception shall not apply to the corner side yard (refer to Sections 10.02 and 10.81, Subd. 4). D. Exception for Continuation of Existing Building Line. In an instance where the building line of a legal nonconforming principal structure and/or attached private garage is not set back from a property line in conformance with this Chapter, the principal structure and attached private garage may be structurally expanded in a manner consistent with the existing building line and in conformance with the following restrictions:
      1. The use of the structure is conforming to the zoning district in which it is located.
      2. The expansion of the structure shall not be located closer to the lot line than the existing building line, and at least one-half of the required setback is provided between the building line of the expansion and the lot line.
      3. The expansion of the structure will not reduce any other required setback below the minimum standards of this Chapter.
      4. The expansion of the structure will conform to all other restrictions of this Chapter, including but not limited to, density, lot coverage, building height, and parking and loading requirements.
      5. The height of the expansion shall not be greater than the existing structure at the existing building line.
      6. Adequate drainage will be provided and the drainage shall be directed away from adjacent private property.
      7. The expansion of the structure will not encroach into the required site triangle as defined in Section 12.71 of the Mankato City Code.
      8. This exception shall not apply to detached accessory buildings.
7.000 Computation of Rear Yard with Adjoining Alley.
When computing the depth of a rear yard for any lot located in a Residential District where the rear lot line adjoins an alley, one half (1/2) the width of such alley may be included as rear yard depth, provided that the rear yard depth of the lot, exclusive of the alley, shall not be less than twenty (20) feet.
8.000 Computation of Lot Area with Adjoining Alley
When computing the required lot area for a lot which adjoins an alley, one-half (1/2) of the width of the alley up to ten (10) feet may be included as part of the lot area.
9.000 Decks, Patios, Balconies, and Ramps in the R-1, R-2, R-3, R-4 and OR Zoning Districts.
Subd. 9. Decks, Patios, Balconies, and Ramps in the R-1, R-2, R-3, R-4, and OR Zoning Districts. The following regulations shall apply to accessory decks, patios, balconies, and ramps in the R-1, R-2, R-3, R-4, and OR Zoning Districts.
  • The following shall not be considered as encroachments in required front yards:
    1. Uncovered ramps constructed for the purpose of providing handicap access, provided that the ramp has a railing no higher than thirty-six (36) inches and does not extend nearer than five (5) feet to the front lot line.
  • The following shall not be considered encroachments in required side yards:
    1. Uncovered ramps constructed for the purpose of providing handicap access which do not extend nearer than three (3) feet to the side lot line.
  • The following shall not be considered encroachments in required rear yards:
    1. Attached decks not more than two (2) feet above grade (exclusive of any railing), or uncovered ramps constructed for the purpose of providing handicap access, provided that the deck or the ramp shall be set back at least ten (10) feet from the rear lot line.
    2. Attached uncovered balconies or decks higher than two (2) feet above grade that are set back at least fifteen (15) feet from the rear lot line.
  • The following shall not be considered encroachments in required front yards:
    1. Attached decks may extend eight feet into the required front yard setback provided that the deck is at least ten feet fron the front property line. The height of the deck shall not exceed the height of the front entrance of the principal builidng. (Ord. of 7-9-2001).
  • Decks and ramps shall be included in the calculations for lot coverage.
  • All of the preceding permitted setback encroachments shall not be construed to allow encroachment into an easement of record.

10.82 : Special Provisions Applicable to Specific Permitted and Conditional Uses.

1.000 Home Occupations.
It is the finding of the City Council that home occupations effect neighborhood character, have a potential to be a nuisance to neighbors, and may negatively effect City services. The purpose of this Section is to regulate home occupations in order to avoid such negative impacts and to ensure the integrity and goals of the residential zoning districts. Standards for home occupations are intended to ensure compatibility with other permitted uses and the character of the residential neighborhood.
    A. No Special Permission Required. When an accessory use is deemed a home occupation as defined in this Chapter, it means that the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation in conformance with this subdivision, without securing special permission from the City. This shall not be construed to exempt owners, lessees, or other persons who have a legal right to the use of the dwelling unit from other applicable regulations of the City Code.
    B. Allowed in Residential Zoning Districts. Home occupations are allowed as accessory uses where the principal use of the premises is a dwelling. The accessory use of residential property for a home occupation shall conform to the following standards:
      1. Such home occupation shall be conducted solely by residents of the dwelling.
      2. Such home occupation shall be contained entirely within the dwelling. The use of detached accessory buildings or private garage, attached or detached, for a home occupation is prohibited.
      3. There shall be no outside storage of materials, goods, supplies, or equipment of any kind related to the home occupation.
      4. Such occupation shall create no noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than what normally occurs in a residential zoning district.
      5. No employees, which do not reside at the premises on which the home occupation is located, shall report to work at the location of the home occupation or park motor vehicles on the property or in the vicinity of the home occupation.
      6. No commercial vehicle in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property.
      7. One automobile is allowed to be used in connection with a home occupation. Such vehicle shall be parked on a conforming off-street parking stall located on the property.
      8. No traffic or parking demand shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
      9. Only one (1) sign shall be allowed. The sign may display the name of the occupant and/or the name of the home occupation. The sign shall be non-illuminated and attached flat to an exterior wall of the dwelling or visible through a window of the dwelling.
      10. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.
    C. Prohibited Home Occupations. The following uses, by the nature of the investment or operation, have a pronounced tendency to rapidly increase beyond the limits permitted for home occupations. The following uses, therefore, are not permitted as home occupations:
      1. Automobile, boat, and trailer painting.
      2. Automobile, boat, and trailer repair or servicing.
      3. Automobile, boat, and trailer sales or rental.
      4. Junkyard, scrapping, or salvage operations.
      5. Medical or dental offices.
      6. Mortuaries or funeral homes.
      7. Painting, electrical, plumbing, or general contractor; unless operated only as an office for said uses, and provided further that no employees report to work at the premises.
      8. Restaurants or other eating and drinking establishments.
      9. Any other use as determined by the City Council.
2.000 Child Day Care.
In addition to any other condition or limitation required by this Section, day care facilities that are not operated as home occupations shall be subject to the following conditions and limitations.
    A. Where the facility is accessory to a principal use, service shall be made available to the employees of the principal use.
    B. Each facility shall provide separate off-street passenger loading and unloading area devoted solely to the facility.
    C. Each facility shall provide a separate and protected outside recreation area.
    D. Where the facility is accessory to a principal use, physical separation from the major operations of the principal use shall be required and direct access to the principal use shall be restricted or otherwise controlled.
3.000 Bed and Breakfast Establishments.
In addition to any other condition or limitation required by this Chapter, bed and breakfast establishments shall be subject to the following conditions and limitations:
    A. The bed and breakfast residence shall be owner-occupied.
    B. The number of dwelling units within the bed and breakfast residence, which are not used by guests of the bed and breakfast establishment, shall conform to the density regulations of this Chapter.
    C. One bed and breakfast bedroom shall be allowed per dwelling unit lot area standard.
    D. Two (2) parking spaces are required for each dwelling unit, plus one (1) additional parking space for each bed and breakfast bedroom. Required parking for dwelling units and bed and breakfast bedrooms shall be located on the zoning lot. Guests and residents in the dwelling units shall be assigned parking spaces.
    E. Required parking spaces shall not be located in the required front or side yards. Thirty-five percent (35%) of the rear yard may be used for unenclosed parking.
    F. The number of guests allowed to a permitted accessory activity, such as a wedding, banquet, dinner, etc., shall be based on the number of off-street parking spaces available at the bed and breakfast. Two (2) parking spaces shall be required for each three (3) guests. Required off-street parking for a permitted accessory activity shall be provided on the zoning lot or within three hundred (300) feet of the zoning lot. Guests shall be required to park at the off-street parking areas provided.
    G. Parking spaces shall be screened from view at ground level from all adjoining properties, public streets and ways.
    H. Parking spaces shall be hardsurfaced with concrete or asphalt and shall be well-drained, stripped, and numbered.
    I. The structure and performance of the operation of the bed and breakfast and residence shall comply with all local, county, and state regulations.
    J. Signage shall not exceed one (1) single- or two-sided sign not exceeding six (6) square feet on one (1) side. The sign may be attached to the dwelling or located five (5) feet from any property line. The signage shall not be illuminated.
    K. The owner of the bed and breakfast shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests. No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of fourteen (14) calendar days during any consecutive ninety day (90) day period.
    L. Meals shall be served only to registered bed and breakfast guests or registered guests of a permitted accessory activity.
    M. Accessory activities shall be limited to the hours of 9:00 a.m. to 5:00 p.m., Monday through Thursday, 9:00 a.m. to 10:00 p.m., Friday and Saturday, and noon to 8:00 p.m. on Sundays and holidays.
    N. Sound and light emanating from the property shall not be disruptive to the normal peace and quiet of the neighborhood.
    O. The City Council may modify standards or require additional standards which are site specific in order to assure the compatibility of the bed and breakfast activities with the neighborhood in which it is located.
    P. The City Council reserves the right to review the conditional use permit annually and either continue or modify the conditions of the permit.
    Q. The City Council reserves the right to terminate the conditional use permit any time the owner fails to adhere to the standards or conditions established by this Section or contained in the conditional use permit.
4.000 Restaurants, Bars, and Other Eating Establishments, Unenclosed Service Area or Unenclosed Seating Area.
Restaurants, bars, and other eating establishments serving intoxicating liquor in an unenclosed service area or providing an unenclosed seating area where intoxicating liquor is consumed must, in addition to complying with any applicable provisions of Chapter 4 of the Mankato City Code, ensure the following:
    A. The area shall not be located in a required yard and/or setback.
    B. The area shall be located on a side of the building that is not facing or visible from an abutting residential zoning district and/or a residential zoning district that is located across the street from the zoning lot.
    C. Adequate lighting shall be provided in the unenclosed service area or unenclosed seating area. All exterior lighting shall comply with the full-cut off lighting provisions of Section 10.89 of the Mankato City Code.
    D. The unenclosed seating area must be surrounded by a wall or fence and landscaping in conformance with Chapter 4 of the Mankato City Code. The wall or fence and landscaping shall be designed so as not to allow individuals to enter or exit the unenclosed service or seating area except for direct access into the main building or other approved access and/or egress. The unenclosed seating area shall be designed so as not to obstruct a required entrance/exit of the main building. The final design of the seating area shall be reviewed by the City Manager, or designee and the standards for the operation, maintenance, and design of the seating area shall be part of the license granted under Chapter 4 of the Mankato City Code.
    E. No sound amplification equipment shall be located in, or directed into, the unenclosed service area or unenclosed seating area unless prior approval of the City Manager has been obtained per Chapter 4 of the Mankato City Code.
    F. The permitted occupancy of the unenclosed seating area shall be established by the seating plan that is reviewed and approved by the City Fire Marshall and Building Official. The permitted occupancy shall be part of the liquor licensing requirements under Chapter 4 of the Mankato City Code.
    G. The City Council may modify these standards by granting a license under the provisions of Chapter 4 of of the Mankato City Code.
5.000 Drive-Thru Facilities.
Drive-thru facilities shall conform to the following minimum standards.
    A. The drive-thru facility, including drive-thru traffic lanes and parking areas for waiting automobiles, shall not be located in any required yard.
    B. The drive-thru facility shall provide three (3) off-street parking spaces for waiting automobiles in each drive-thru traffic lane. A parking space shall be a minimum of nineteen (19) feet by nine (9) feet, and parking spaces may be provided in a tandem arrangement. If drive-thru traffic lanes are not utilized, then parking spaces equal to three (3) times the maximum number of customer automobiles that can be serviced at any one (1) time shall be provided.
    C. The drive-thru facility, and accessory parking areas and drive-thru traffic lanes, shall not obstruct or interfere with other traffic lanes or parking areas located on the zoning lot.
    D. If the operation of the drive-thru facility results in traffic hazards or congestion on public streets or alleys, the City Council may order the modification or termination of the drive-thru facility.
6.000 Automobile Service Stations and Car Washes.
In addition to any other conditions or limitations required by this Chapter, automobile service stations and car washes shall be subject to the following conditions and limitations:
    A. No automobile service station or car wash building or structure, driveway surface, parking area, advertising device or other similar site improvement, except driveways traversing a public road or boulevard, shall be located within one hundred (100) feet of any part of a residential district site.
    B. Each site shall have a minimum frontage of one hundred (100) feet.
    C. Each site shall be permitted two (2) points of ingress and egress for every one hundred (100) feet of frontage.
    D. Pump islands shall be set back not less than fifteen (15) feet from any street right-of-way and twenty-five (25) feet from any property line not abutting a street right-of-way.
    E. Canopies covering pump islands shall not be locating in, or overhang, required yards.
    F. Unenclosed parking of vehicles not being serviced or not owned by the station operator shall be limited to twelve (12) hours.
    G. Interior curbs of not less than six (6) inches shall be constructed to separate driving surfaces from sidewalks, landscaped areas, and street traveled ways.
    H. Interior drives, parking areas, and service stalls shall not be located in the required front yard.
    I. Islands for sweeping and vacuuming equipment shall be set back not less than fifteen (15) feet from any street right-of-way and three (3) feet from any property line not abutting a street right-of-way.
    J. Three (3) parking spaces for waiting vehicles shall be provided for each washing bay. A parking space shall be a minimum of nineteen (19) feet by nine (9) feet and such parking spaces may be provided in a tandem. If bays are not utilized, then parking spaces equal to three (3) times the maximum number of automobiles that can be washed at any one (1) time shall be provided.
    K. The accessory sale of lubricating oil, grease, tires, batteries, automobile accessories or any other items related to the operation of motor vehicles shall be allowed. Accessory services shall be limited to include the washing of vehicles, sale and installation of tires, oil changing, lubrication services, or minor repair work and mechanical maintenance.
    L. Automobile service stations shall not include the storage of non-operable vehicles, services for large commercial trucks, major automobile repairs, automobile wrecking or automobile sales of any kind. No automobile service station may lease trucks, cars or trailers, operate automobile sales, or operate an automobile wash without obtaining a conditional use permit from the City Council.
7.000 Swimming Pools.
Swimming pools containing more than three thousand (3,000) gallons or with a depth of water over three and one-half (31/2) feet shall conform to the following standards. In addition, such pools shall be subject to the site plan review pursuant to Section 10.90.
    A. No pool shall be located within ten (10) feet of any side or rear lot line nor within six (6) feet of any principal structure or frost footing. No pools shall be located within any front yard.
    B. No pool shall be located beneath overhead electrical lines or over underground utility lines of any type.
    C. No pool shall be located within any private or public utility, walkway, drainage, or other easement.
    D. All accessory mechanical apparatus shall be located at least thirty (30) feet from any adjacent residential structure and no closer than five (5) feet to any lot line.
    E. Lighting for the pool shall be oriented so as not to cast light onto adjacent properties.
    F. A security fence of at least six (6) feet in height shall completely enclose the pool area and the access to the pool area shall be controlled. The security fence shall be screened in conformance with the limitations of Section 10.88.
    G. If the pool is private, proof of insurance shall be submitted to the Planning Director on an annual basis.
8.000 Outside Storage of Materials, Commercial, and Industrial Districts.

Where outside storage of materials, equipment, and product is permitted, or is conditionally permitted, in commercial or industrial zoning districts, such outside storage shall conform to the following provisions:

    A. In Commercial Districts, outside storage areas shall be fenced and screened from any abutting property, Residential District, and public street or way by fencing or screen planting of ninety percent (90%) opacity. Such fencing or screen planting shall be not less than eight (8) feet in height.
    B. In Industrial Districts, outside storage areas shall be screened from the public street and Residential Districts by screen fencing or plantings of ninety percent (90%) opacity.
    C. Unenclosed storage areas shall not violate Section 9.13 of the Mankato City Code pertaining to the unenclosed storage or refuse and waste, unless a conditional use permit has been granted by the City Council to allow a junk or automobile wrecking yard in the M-2, Heavy Industrial District.
    D. Storage areas in all commercial districts shall be hardsurfaced with concrete or asphalt. Storage areas in the industrial districts may have a gravel surface, provided the storage area is used only to store heavy machinery and the access to the storage area is not less than one hundred (100) feet from a public right-of-way.
    E. Storage areas shall not be located in transitional yards.
    F. Seasonal Unenclosed Uses. The unenclosed sale and display of cut Christmas trees, wreathes, tree branches, pine cones, holly, and related plant items during the months of November and December, and the unenclosed sale and display of plants and garden supplies during the months of April, May, June and July shall be permitted as an accessory use, provided that the sale and display is conducted in connection with the operation of an existing retail use in a B-1, B-2, or B-3 zoning district, and that the area used for the unenclosed sale and display does not exceed twenty percent (20%) of the area of the parcel containing buildings or use more than twenty percent (20%) of the required parking area.
    G. Outside Display of Products. The purpose of this Section is to regulate outside display of products in order to avoid such negative impacts and to ensure the integrity and goals of the residential zoning districts. Standards for outside display of products are intended to ensure compatibility with other permitted uses and the character of the commercial zoning districts.
          A. No Special Permission Required. When a use is deemed as an accessory use as defined in this Chapter, it means that the owner, lessee, or other persons who have a legal right to the use of the properties located in B-1, B-2, or B-3 zoning districts for commercial purposes also have the vested right to allow for outside display of product in conformance with this subdivision, without securing special permission from the City. This shall not be construed to exempt owners, lessees, or other persons who have a legal right to the use of the commercial from other applicable regulations of the City Code.
          B. Allowed in Commercial Zoning Districts. Outside display of products are allowed as accessory uses where the principal use of the premises is a permitted or conditional use in the B-1, B-2, and B-3 Zoning Districts. The accessory display on the commercial property shall conform to the following standards:
                1. The outside display of products shall be permitted as an accessory use, provided that the sale and display is limited to items normally produced or sold in the principal structure in a B-1, B-2, or B-3 zoning district.
                2. Products are only displayed outside during posted business hours of the principal use. Products shall be stored inside during non-business hours. Weather resistant, bulk items are exempt from the hours of display provision provided a plan is approved by the Zoning Administrator and the items conform with the other sections of this chapter.
                3. Propane Tanks: Twenty pound propane tanks are permitted, provided the tanks are stored in a locked storage container, no more than 1 storage container per property and the storage container does not exceed 50 cubic feet,  6 feet in height, complies with all applicable fire and safety codes, and  is located to allow at least 3 feet of clearance for pedestrian traffic and advertising is limited to 1 square foot.
                4. The product is displayed immediately adjacent to the front or corner side of the building, the product is not to be placed within a required front, side, corner side, or rear yard, and the product does not restrict fire access or handicap accessibility. The product or displays shall not be placed within a delineated parking area. An unoccupied area of not less than 3 feet in width shall be provided for pedestrian access between any outside display and vehicle overhang areas of any adjacent parking lot.
                5. The area used for the outside display of products does not exceed the length of the commercial tenant space or a maximum of 100 lineal feet. Automobile dealers, other vehicle dealers and rental and leasing services, lumberyards and nurseries are exempt from the percent and length limitation.
                6. Tenants within multi-tenant buildings shall only display product immediately adjacent to the tenant storefront or a maximum of 100 lineal feet.
                7. Product shall not be displayed on the roof of any building.
                8. Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products as per the standards of Section 10.83 of the Mankato City Code.
                9. No signage shall be allowed on the products displayed outside with the exception of 1 square foot signage for pricing of the products displayed

 

9.000 Substantial Land Alteration.
A Conditional Use Permit shall be required where the excavation, grading, and filling of any land would result in the movement of earth and materials in excess of twenty-five (25) cubic yards and would significantly change the existing ground contour and existing drainage, or cause flooding and/or erosion. A conditional use permit shall also be required for any excavation, grading, and filling of any land located in the Environmentally Sensitive Areas as defined in Section 10.82, Subd. 11, and Chapter 2 of the Mankato City Code.

The above requirement for a conditional use permit shall not apply to subdivisions or development projects for which an approved grading or drainage plan was submitted and approved as part of the required review process for subdivisions or planned unit developments.

The conditional use permit shall be administered through and subject to the requirements of the conditional use process pursuant to Section 10.92. In addition to the requirements set forth in Section 10.92, applications for a Conditional Use Permit shall include the following:
    A. A legal description of the land to be altered.
    B. The nature of the proposed alteration and future use of the property.
    C. The starting date and the completion date of the land alteration.
    D. The names of all the owners of all the land to be altered.
    E. The names and addresses of all owners and occupants of land adjoining the land to be altered.
    F. A plan showing existing and proposed topography. The plan shall be to scale required in Section 10.90, Subd. 6, and the plan shall include two (2) foot topographic contour intervals depicting existing and proposed topography. The plan shall be signed by a registered surveyor or engineer in the State of Minnesota.
    G. A plan showing existing and proposed vegetation and ground cover.
    H. A soil erosion and sedimentation control plan.
10.000 Environmentally Sensitive Areas, Slopes.
    A.Lots located in an environmentally sensitive area, as identified on the official City Environmentally Sensitive Areas map (Due to the file size(over 6MB), the file may take awhile to download.), as having a slope of 17.6 percent or greater shall conform to the following standards:
      1.All structures and impervious surfaces shall be set back a minimum of ten (10) feet from the bluff line of a ravine or hillside. Bluff line, for purposes of this Chapter, shall be defined as a line along the top or bottom of a slope connecting the points at which the slope becomes less than 17.6 percent.
      The City Council may approve of the construction of streets, trails, sidewalks, and associated improvements within the required 10-foot setback and within an environmentally sensitive area. The following shall be standards for reviewing an encroachment:
        a.The impact is associated with the construction of an access or roadway that was previously approved by the governing body.
        b.The impact is associated with an access required as part of City standards or access management guidelines adopted in the Mankato Area Transportation and Planning Study.
        c.The impact is associated with a street extension or realignment as adopted in the Mankato Area Transportation and Planning Study.
        d.The impact is associated with the reconstruction or realignment of an existing roadway.
      2.All cut, fill, and development activities on a slope equal to or in excess of 17.6 percent may be permitted only as a conditional use. In addition to the submittal requirements for a conditional use permit application, a plan shall be submitted at a scale required in Section 10.90, Subd. 6, and the plan shall include two (2) foot topographic contour intervals depicting existing and proposed topography. The plan shall be signed by a registered surveyor or engineer in the State of Minnesota.
      3.An approved public access is provided to the lot or development.(Ord. of 10-23-2000)
11.000 Environmentally Sensitive Areas, Wetlands.
    A. Purpose. This subdivision is adopted to implement the Wetland Conservation Act of 1991, (Minnesota Laws 1991, Chapter 354, as amended), and the accompanying rules of the Board of Water and Soil Resources (Minnesota Rules, Chapter 8420, as amended).
    B. Incorporated by Reference. This subdivision incorporates by reference the Wetland Conservation Act of 1991 and Minnesota Rules, Chapter 8420, as amended. Terms used in this Ordinance which are defined in the Act or the Rules have the meanings given here.
    C. Scope. This Ordinance regulates the draining and filling of wetlands and parts of wetlands within the City of Mankato. Conflicts with other official controls must be resolved in favor of providing the most wetland protection.
    D. Procedures.
      1. Exemption and No Loss Determinations. Under Minnesota Rules, Parts 8420.0210 and 8420.0220, exemption and no-loss determinations shall be made by the Zoning Administrator. The property owner is responsible for submitting sufficient proof in order for the determination to be made by the Zoning Administrator. The Zoning Administrator may seek the advice of the Technical Evaluation panel on questions of wetland delineation and type. The decision of the Zoning Administrator is final unless it is appealed to the Board of Adjustments and Appeals within thirty (30) days of the decision.
      2. Sequencing and Replacement Plan Decisions. Sequencing and replacement plan decisions under Minnesota Rules, Parts 8420.0520 through 8420.0550, shall be treated as a Conditional Use and shall follow the procedures of Section 10.82 of the City Code. Additional notice and time requirements outlined in Minnesota Rules, Part 8420.0230, shall be followed. If the amount of wetland to be drained or filled is less than one-tenth (1/10) of an acre, the sequencing determination shall be made by the Zoning Administrator.
      3. Monitoring. The Zoning Administrator shall assure that the replacement plan monitoring and enforcement requirements of Minnesota Rules, Parts 8420.0600 through 8420.0630, are fulfilled.
      4. Wetland Banking. Wetlands may be restored or created within the City of Mankato for purposes of deposit in the Wetland Bank in accordance with Minnesota Rules, Parts 8420.0700 through 8420.0760. The Zoning Administrator is responsible for approving bank plans, certifying deposits, and monitoring banked wetlands and enforcement under the rules.
      5. Appeals and Variances. Decisions made under this Ordinance may be appealed to the Board of Water and Soil Resources under Minnesota Rules, Part 8420.0250, only after appeal to the Board of Adjustments and Appeals.
      The Board of Adjustments and Appeals may issue variances so long as the variances do not vary requirements of the Act and Rules.
      6. Technical Evaluation Panel. The City Engineer shall serve on the Technical Evaluation Panel.
      When reviewing sequencing and replacement plans, the Planning Agency shall receive the recommendation of the Technical Evaluation Panel regarding the sequencing and replacement plan decision.
      7. Wetland Area and Type Delineation. If required by the Zoning Administrator, a property owner seeking a no-loss and exemption determination shall be responsible for delineating the size and type of any wetlands located on their property.
      A property owner applying for a sequencing and replacement plan decision shall be responsible for delineating the size and type of any wetlands on their property. In addition, the property owner shall be responsible for retaining technical experts in the design of all replacement plans.
      All approved wetland delineations shall be done in accordance with the methodologies contained in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1989).
    E. Setbacks. All structures and other impervious surfaces shall maintain a 16.5 foot setback from the boundary of a wetland. The setback area shall be maintained with naturally occurring vegetation.
    Editor's Note - Subd. 12 was added by ordinance enacted August 13, 2007. Previously numbered subdivisions 12-17 have been renumbered to Subdivisions 13-18.
12.000 Environmentally Sensitive Area's, Woodlands
    A. Findings and Purpose.
      1. It is the finding of the City Council that woodlands within the City, as defined by this Section, constitute critical environmental resources for the health, safety, and general welfare of the citizens of the City, through, respectively:
        a) The absorption of air pollutants,
        b) The screening and reduction of noise, wind, heat, and visual clutter,
        c) The filtering and redirection of precipitation to the saturated zone for use as potable water supply
        d) The reduction of wind and water erosion of soils, stabilization of slopes, and reduction of flood effects
        e) The maintenance of the general aesthetic and historic value of the City
        f) Provision of areas for natural recreation and education, and
        g) Provision of unique and essential habitat for plant and animal residents of the City.
      2. The City additionally finds that the protection of environmental resources is a recognized matter of concern of the citizens of the State of Minnesota, as provided in the Minnesota Environmental Policy Act, Minn. Stat. 116D.01.
      3. Therefore, the purpose of this Section is to promote the health, safety, and general welfare of the citizens of the City through the protection of woodland environmental resources contained in properties where development or alteration of the property might damage or remove all or part of the woodland.
      4. It is the further intention of the City that this Section shall function as an integral portion of the natural resource preservation Ordinances of the City, and shall complement other City Ordinances relating to the preservation and management of environmentally sensitive areas.
    B. Definitions.
      1. City Forester means the City Official designated as City Forester under City Ordinance 9.73.2.
      2. Conservation Easement has the meaning assigned under Minn. Stat. 84C.01, as amended.
      3. Crown has the meaning assigned in the Forest Ecosystem Management Assessment Team report “Forest Ecosystem Management” (1993); the upper part of a tree or other woody plant that carries the main system of branches and the foliage.
      4. Drip Line means an imaginary vertical line that extends downward from the outermost crown edge of a fully leafed tree to the ground.
      5. Invasive Plants means invasive terrestrial or aquatic plants designated by the Minnesota Department of Natural Resources as listed in the publication “Minnesota Invasive Non-native Terrestrial Plants”, as published in 2003 and as amended.
      6. Noxious weeds means plants designated by the Minnesota Department of Agriculture as noxious weeds as listed in Minn. R. 1505.0730-1505.0732 as amended.
      7. Tree has the meaning assigned in U.S. Forest Service Resource Bulletin NC-158, “Minnesota Forest Statistics, 1990, Revised” (1995); a woody plant usually having one or more perennial stems, a more or less definitely formed crown of foliage, and a height of at least 12 feet at maturity.
      8. Woodland means a group of trees with a continuous, overlapping canopy and an average crown height of 15 feet or greater whose combined crowns, when fully leafed, cover a minimum of 80% of an area of one acre or more, and which is composed of a related canopy, understory, and ground vegetation.
        a. Portions of a woodland separated from the remainder by any act occurring after the date of implementation of this Section shall continue to be considered a contiguous group of trees with the remainder unless determined to be no longer a woodland by the City Forester.
        b. Woodland does not include a group of trees which would otherwise meet this definition but which is determined by the City Forester to be degraded and not ecologically viable due to the existence or growth of invasive plants or noxious weeds.
      9. Woodland Area means the ground area contained within the drip lines of all trees contained in a woodland.
        a. Upon request of either the landowner or City, for the purpose of determining the woodland area of any specific woodland, the City Forester may designate an official drip line inside the as-found drip line of that woodland on a subject property if the City Forester finds that the edge of the woodland is degraded due to the existence or growth of invasive plants or noxious weeds.
        b. Upon request of the landowner, for the purpose of determining the woodland area of any specific woodland, the City Forester may designate an official drip line outside the as-found drip line of that woodland on a subject property if the City Forester finds that the edge of the woodland is enhanced due to the existence or growth of ground vegetation or understory related to the woodland.
    C. Exemptions. The following activities are not subject to the further limitations of this Section:
      1. Removal of trees or other vegetation from woodlands or portions of woodlands contained on any private property subject to the environmental review process of City Ordinance 2.41.5 where the activity for which the application is submitted will not materially affect the woodland contained on the property.
      2. Removal of trees or other vegetation from woodlands where such action is necessary to protect public health, protect property from damage, or to restore public order.
      3. Removal of dead, damaged, diseased, or infested trees or vegetation from woodlands where such action is determined to be reasonably necessary by the City Forester or by the property owner, subject to the approval of the City Forester, to protect the health of the woodland or surrounding trees, or where such trees or vegetation are public nuisances under City Ordinance 9.73.4.
      4. Removal of trees or vegetation from woodlands as necessary for the provision of public utilities, provided such removal is the least damaging reasoned alternative and is accomplished in the reasonably least damaging manner.
      5. Removal of trees or vegetation from woodlands established and maintained for the purpose of nursery stock growing and licensed by the Minnesota Department of Agriculture under Minn. Stat. Chapter 18H, as amended.
      6. Removal of trees or vegetation from woodlands conducted in accordance with a Woodland Stewardship Plan or Forest Stewardship Plan approved by the Minnesota Department of Natural Resources.
      7. Removal of trees or vegetation from woodlands when such trees or vegetation are noxious weeds or are invasive plants.
      8. Any actions on a property subject to subsection D.2. of this Section for which the applicant has completed the required woodlands examination, where no woodlands subject to this Section were found, and for which the City has reviewed and accepted the examination summary.
      9. Any action by the City for the provision of streets, trails, sidewalks, or other essential public improvements if the action has been determined by the City Council to be critical to the safety or general welfare of the citizens of the City and no other reasonable alternative is determined.
      10. Activities on lots that were previously approved by the Mankato City Council for which a tree clearing or tree preservation plan was part of the approval, provided said activities conform to the approved plan.
      11. Activities on existing vacant commercial or industrially zoned lots within the City provided said lots were recorded as part of a subdivision and zoned commercial or industrial prior to the adoption of this Section.
    D. Applicability.
      1. The provisions of this Section shall apply to any woodlands contained wholly or partly within any City property or wholly or partly within any private property subject to the environmental review process of City Ordinance 2.41.5. and not exempted above.
      2. The provisions of this Section shall also apply to any woodlands contained wholly or partly within any private property for which an otherwise subject application under City Ordinance 2.41.5. has been submitted to the City but which is not located within a previously designated sensitive area. The applicant for any such property shall examine the property to determine the presence on the property of any woodlands or portions of woodlands as defined in this Section and shall submit a written summary of the examination with and at the time of application.
      3. The provisions of this Section shall also apply to any act or combination of acts of land clearing or tree removal not exempted above, wherein such clearing or removal is planned to or may reasonably result in removal of:
        a. greater than 25% of the woodland area in existence at the date of implementation of this Section or the date of latest subject act, whichever contains a greater area, of any woodland.
        b. any portion of a woodland located on a hillside or ravine slope of 17.6 percent or greater or within ten (10) feet of the bluff line as defined under City Ordinance 10.82.10. Tree removal from a hillside or ravine slope, or within ten (10) of the bluff line, shall be limited to exempted activities listed in C. 2, C. 3, C.6, and C.7 of this Section, upon review and approval by the City Forester; and exempted activities listed under C. 4 and C.9 of this Section subject to the environmental review process of City Ordinance 2.41.5
        c. any portion of a woodland located in a wetland as defined under Minn. Stat. §103G.005, Subd. 19 as amended, and Minn. R. 8420.0110, Subp. 52 as amended, incorporated by reference under City Ordinance 10.82.11.
      4. Any act or combination of acts meeting subsection D.3. of this Section shall be deemed a Substantial Land Alteration and subject to the permit requirements of City Ordinance 10.82.9 and the environmental review process of City Ordinance 2.41.5.
      5. Where the provisions of this Section may conflict with other City Ordinances, the City Forester shall review the conflict in company with the Director of any other City Department responsible for applying the conflicted Section and shall recommend to the City Council which provisions should prevail.
        a. Where the provisions of this Section may conflict with the Weed Elimination provisions of City Ordinance 6.04.10., this Section shall prevail for any portion of a property within a woodland area.
        b. Where the provisions of this Section may conflict with the Tree Disease control requirements of City Ordinance 9.73., and the Trimming and Corner Clearance requirements of City Ordinance 6.04.7, this Section shall not prevail.
    E. Requirements.
      1. No application for any action subject to subsection D.1., D.2., or D.3. of this Section shall be approved by the City until the applicant has demonstrated compliance with subsection E.2. through E.5. of this Section.
      2. In addition to the submittal requirements specified elsewhere, the applicant for any action subject to this Section and not exempt under C.7. above shall prepare and submit a plan at a scale required in City Ordinance 10.90.6. showing the location and extent of all woodlands or portions of woodlands on the property and the impact of the applied-for action on the woodlands. An application containing multiple alternative actions shall be accompanied by an appropriate plan for each alternative.
      3. Upon application for a subject action, the applicant shall specify in the application how the subject action will be completed such that:
        a. if the property contains an existing principal or main building, as defined in Section 10.02.114, on the effective date of this Section, not less than 60% of the woodland area contained within the subject property, in existence on the effective date of this Section, or the date of application, whichever contains a greater area, will be maintained in a natural state, to include the understory and ground vegetation.
        b. if the property is vacant or is to be subdivided or resubdivided for the purpose of development, not less than 70% of the woodland area contained within the subject property in existence on the effective date of this Section, or the date of application, whichever contains a greater area, will be maintained in a natural state, to include the understory and ground vegetation. Refer to Section C.10 and C.11 for exemptions
        c. As part of the review and approval of proposals described in E.3.a. and E.3.b. above, each mature tree removed from the woodland on the property, which removal is not exempted by subsection C above, shall be replaced at a minimum 2:1 ratio with a seedling or sprouting of at least 2 inch caliper diameter of the same species or other desirable species designated or approved by the City Forester. Seedling or sprouting trees shall conform to ANSI Standard Z60.1-2004. Replacement may be on the subject property, other private property within the City, or, if approved by the City Forester, on City property. Any trees planted on the subject or other private property under this requirement shall be protected under the provisions of subsection E.5. below.
        d. reasonable efforts are made by all property owners to ensure that maintained woodland areas are contiguous with portions of the woodland outside of the subject property.
      4. The City Forester shall review each application within the time limits otherwise allotted to the City for the application under all other controlling City Ordinances, State, or Federal laws. The City Forester may refer applications to the Environmental Committee under City Ordinance 2.41.5. or other appropriate City agency for additional consideration. The City Forester shall submit a recommendation to the Planning Commission or other appropriate agency of the City as to whether the application complies with the requirements of this Section. In determining the application’s compliance with this Section, the City shall consider:
        a. the degree of compliance with subsection 3.a. or 3.b. and 3.c. above; and
        b. the extent to which the applied-for action may be achieved with a minimum of woodland area clearing; and
        c. the desirability of preserving any specific portion of the subject woodland or woodlands due to its unique size, age, identity, or history; and
        d. the extent to which the woodland area to be cleared will be subject to additional environmental degradation as a result of the clearing, including erosion, stormwater runoff, and altered use; and
        e. the presence, proximity, and characteristics of any woodlands surrounding the application property and the effect all subject clearing will produce on the aesthetic characteristics of the local area of the property and the health of the surrounding woodlands; and
        f. the likelihood, if any, that any portion of the subject woodland or woodlands will be subject in the reasonable future to the exemptions of subsection C of this Section.
      5. The applicant may utilize any one or combination of the following methods to meet the requirements of subsections 3.a. or 3.b.:
        a. Dedication of a conservation easement to the City encompassing all or portions of the woodland area. The conservation easement must specify the limitations on use of the woodland area applicable to the landowner, the access rights of the City to the easement, and any adjunct uses, including but not limited to recreational trails, specified for the conservation easement. This subsection shall not require the City to accept any easement which the City reasonably determines is detrimental to the health, safety, or general welfare of its citizens or the purpose of this Section.
        b. Declaration and application of an enforceable deed covenant restricting the clearing and incompatible use of all or portions of the woodland area. The covenant must specify the limitations of use of the woodland area applicable to the landowner and create a responsible body for enforcement of the covenant if the property is to have multiple landowners. The covenant must specify a mechanism to ensure that the woodlands are protected from removal or damage irrespective of any agreed-upon changes to the covenant by the responsible body or the landowners. This subsection shall not require the City to accept any covenant which the City reasonably determines is detrimental to the health, safety, or general welfare of its citizens or the purpose of this Section.
        c. Retained possession through plat of all or portions of the woodland area by the applicant such that such portions of the woodland area are not cleared or damaged. The applicant, as landowner, shall be responsible that the woodlands on the retained property are not cleared or otherwise damaged in trespass by the adjacent landowners.
        d. Sale or deed to the City of all or portions of the woodland area for protection as undeveloped or semi-developed recreational or conservation lands. This subsection shall not require the City to purchase or accept without compensation any lands.
        e. Any other action which the applicant can demonstrate to the City will reasonably protect the subject woodland areas in perpetuity and not subject the City to additional management burden or cost.
    F. Implementation.
      1. The applicant must ensure that the requirements of this Section are complied with throughout any construction process and during any subsequent or simultaneous sale of the property or portions of the property. The applicant must ensure at least that:
        a. All employees, contractors, and visitors to the subject property that may, through deliberate or inadvertent act remove or damage any portion of a subject woodland, receive documented instruction in the location of the subject woodland areas and the management practices the applicant has emplaced to protect those woodland areas; and
        b. All subject woodland areas are clearly and securely marked prior to and throughout all construction with continuous fencing of at least 48 inch height of sufficient strength and stability to remain vertical in all reasonable weather conditions; and
        c. Any construction traffic, to include daily foot traffic and all vehicle traffic, through any subject woodland area is restricted to areas provided with a minimum layer of 12 inches of wood chips or other cushioning material surfaced with plywood, chain-link mesh, or other pressure-distributing surface.
        d. All prospective and actual purchasers of any portion of the subject property receive documented instruction in the location of the subject woodland areas, the management practices the applicant has emplaced to protect those woodland areas, and the provisions of this Section.
      2. The City Forester or any other staff designated by the City may enter the application property at any reasonable time to ensure the property’s compliance with this Section.
      3. Violation of any of the requirements of this Section shall be cause for the rescission of any permit or approval issued by the City to the applicant under this Section until such time as the City Forester determines that the violation has been corrected.
      4. The City may require the applicant or responsible party to remediate any damage to subject woodland areas or failure to complete any of the affirmative requirements of this Section caused by deliberate or inadvertent violation of any of the requirements of this Section. The City may require any such remediation or action, whether by the applicant or any other party, to be completed under the direction and to the approval of the City Forester. In lieu of such remediation or action, the City may assess the applicant or responsible party reasonably estimated or actual costs for such remediation or action and perform the remediation or action itself or through contract.
      5. The applicant or any other responsible party shall have the right to appeal any denial or negative action required by the City under this Section to the City Council and to the appropriate legal venue.
      6. In addition to the above, the enforcement provisions of City Ordinance 10.96 shall apply fully to this Section.
13.000 Water Retention Areas.
Water retention areas or devices may be required for any new development projects creating new impervious surfaces of one acre or greater.

The following activities are exempt from this subdivision:
    A.Where the development project is a linear project, such as sidewalks, paths, or trails, or is reconstruction, repair, reconditioning, or resurfacing of existing roads or impervious surfaces.
    B.Where the plans for a project development site were approved by a local unit of government by a permit or in a preliminary or final plat approval process prior to August 25, 1993.
14.000 Above Ground Storage and Dispensing of Flammable and Combustible Liquids (as defined in the Uniform Fire Code).
    A. With the review and approval of the City's Building Official, Fire Marshal, and Zoning Administrator, above ground storage of new and used crank case oil in tanks of up to five hundred (500) gallons is permitted in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and Airport Zoning Districts.
    B. With the review and approval of the City's Building Official, Fire Marshal and Zoning Administrator, above ground storage of used flammable and combustible liquids (paint thinners, solvents, etc.) in tanks of up to two hundred fifty (250) gallons is permitted in the M-1, M-2, and Airport Zoning Districts.
    C. With the review and approval of the City's Building Official, Fire Marshal, and Zoning Administrator, above ground standby fuel storage in tanks of up to one thousand (1,000) gallons is permitted in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and Airport Zoning Districts.
    D. Above ground standby fuel storage in tanks exceeding one thousand (1,000) gallons may be allowed by conditional use permit in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and Airport Zoning Districts.
    E. Above ground standby fuel storage in tanks of up to one thousand (1,000) gallons may be allowed by conditional use permit for institutional uses (hospitals, colleges, nursing homes, state department of transportation offices, churches, etc.) in the R-1, R-2, R-3, R-4, and OR Zoning District.
    F. With the review and approval of the City's Building Official, Fire Marshal, and Zoning Administrator, dispensing of flammable and combustible liquids from one (1) above ground tank of up to five hundred sixty (560) gallon capacity of Class I liquids (gasoline); and up to two (2) tanks of not more than one thousand (1,000) gallon capacity per tank of Class II or Class III liquids (diesel fuel) is permitted in the CBD-C, CBD-F, B-1, B-2, B-3, PI, M-1, M-2, and Airport Zoning Districts and for institutional uses in the R-1, R-2, R-3, R-4, and OR Zoning Districts.
    G. Commercial dispensing of flammable and combustible liquids from not more than three (3) above ground tanks of up to six thousand (6,000) gallon capacity per tank for Class I fuels (gasoline); and not more than three (3) ten thousand (10,000) gallon capacity per tank for Class II fuels (diesel) may be allowed by conditional use permit.
    H. Private dispensing of flammable and combustible liquids from above ground tanks of up to six thousand (6,000) gallons per tank, with not more than three (3) tanks may be allowed by conditional use permit in the CBD-C, CBD-F, B-1, B-2, B-3, and PI Zoning Districts.
    I. With the review and approval of the City's Building Official, Fire Marshal, and Zoning Administrator, private dispensing of flammable and combustible liquids from above ground tanks of up to six thousand (6,000) gallons per tank, with not more than three (3) tanks is permitted in the M-1, M-2, and Airport Zoning District.
    J. All tanks used for above ground storage and/or dispensing of flammable and combustible liquids must be self-contained and self-diking or properly diked and installed as specified by the Building Official and Fire Marshal.
    K. With the review and approval of the Building Official and Fire Marshal, temporary above ground storage and/or dispensing of flammable and combustible liquid tanks associated with a construction or reconstruction project is permitted.
    L. With the review and approval of the Building Official, Fire Marshal, and Zoning Administrator, outside storage of up to sixty (60) gallon containers with not more than three (3) containers is permitted in the M-1, M-2, and Airport Zoning Districts.
15.000 Essential Service Utility Structures and Facilities.
This subdivision addresses those essential utility structures and facilities which cannot be located in an existing utility easement because of size and design. The structure must not be designed or intended to be occupied other than for general maintenance or service.
    A. A parcel exclusively used for an essential service utility structure and facility is exempt from the minimum area and width requirements of this Chapter. In no case shall the creation of a parcel result in another parcel which is substandard according to the provisions of this Chapter. All parcels shall have direct access to a dedicated right-of-way.
    B. Front, Rear, and Side Yard Building Setbacks.
      1. Except as noted below, a parcel used for essential service utility structures and facilities shall have a front yard building setback as required by the zoning district in which the parcel is located.
      2. In the PI, M-1, and M-2 Districts, a parcel used for essential service utility structures and facilities shall have a front yard building setback of twenty-five (25) feet measured from the curb. In no case shall the front yard building setback be less than fifteen (15) feet from the property line.
      3. In all districts, a parcel used for essential service utility structures and facilities shall provide a side yard building setback of not less than six (6) feet and a rear yard building setback of not less than six (6) feet.
    C. An essential service utility structure and facility located in a residential district shall be screened from adjacent residential uses.
    D. An essential service utility structure or facility shall conform to the height provisions of the underlying zoning district.
    E. All parking areas and drives shall be hardsurfaced and conform to the standards set forth in this Chapter. Parking areas shall only be used for the temporary parking of maintenance and utility vehicles. Parking is permitted in the required front yard building setback. Fifty percent (50%) of the front yard area must be reserved for landscaping, exclusive of parking.
    F. Any reuse of the parcel other than for an essential service utility structure and facility shall conform to the provisions of this Chapter.
16.000 Special Requirements for Recyclable Material Collection.
The following special requirements shall apply to recyclable material collection conducted in the B-1, B-2, and B-3 Zoning Districts:
    A. The use shall be accessory to an existing use.
    B. The collection area shall be fenced and screened from any abutting development and public street or way by ornamental fencing or screen planting of eighty percent (80%) opacity. Such ornamental fencing or screen planting shall be not less than eight (8) feet in height.
    C. Collection activity equipment shall consist of no more than one (1) vehicle to haul the collected material and a scale to weigh the collected material. However, in cases of aluminum collection, a metal separator and compactor may be used, provided such equipment is totally contained within the collection vehicle. No shredding of material shall occur at the collection site. The only piece of equipment that may be located outside of a vehicle is the aforementioned scale.
    D. Location of the collection area on the site shall not impede access to the site, hinder normal vehicular flow or use excessive parking spaces dedicated to customer parking. The collection area shall not be within two hundred (200) feet of an adjacent commercial or principal use building or three hundred (300) feet of a residential dwelling.
    E. All garbage and debris must be cleaned daily from the recyclable material collection area.
    F. The collection activity equipment shall be kept in a neat and clean manner and any sign promoting the recycling activity shall be part of the collection area.
17.000 Indoor and Outdoor Firing Ranges.
This subdivision addresses performance standards for target or testing ranges at which firearms are discharged. Indoor firing ranges are listed as conditional uses in the B-2 and B-3 Districts, and are listed as permitted uses in the PI, M-1, and M-2 Districts. Outdoor firing ranges may be allowed as a conditional use in the M-2, Heavy Industrial District. The use of property for an indoor firing range shall conform to the following standards:
    A. The firing range shall not be located on any zoning lot which is adjacent to a Residential District.
    B. The use, occupancy, and construction of the building shall conform to the Minnesota State Building Code.
    C. The use shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.
    D. The design and construction of the firing range shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.
    E. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.
    F. A written log of range users shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification.
    G. An alarm system, cut wire protected, shall be supplied to provide security for the general premises.
    H. Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault.
    I. Ammunition shall not be stored in the firearm vault.
    J. On site supervision shall be supplied at all times by an adult with credentials as qualified range master.
    K. An outside security plan for the general grounds shall be submitted to the City Manager or designee for review and approval.
    L. The transport of firearms on the premises shall conform to State Law.
    M. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor.
    N. The Council reserves the authority to review or modify the performance standards for the range.
    The use of property for an outdoor firing range shall conform to the following:
      A. Outdoor firing ranges may only be operated by a public agency or governmental unit for the purpose of training law enforcement and/or federal or state military personnel.
      B. Only firearms shall be discharged at the range. No cannons, artillery, or rockets shall be discharged.
      C. The range shall be designed to baffle noise and provide protection from accidental or stray ammunition discharge for surrounding properties.
      D. The property shall be enclosed by a security fence at least six feet in height.
      E. The use shall comply with the outside noise standards and lead management requirements of the Minnesota Pollution Control Agency.
      F. The operation of the range shall be limited to the hours of 7:00 a.m. to 10:00 p.m.
18.000 Extraction, Stockpiling and Processing of Minerals and Materials
A. Purpose. Regulation of the extraction of minerals and materials is intended to provide for continued use of available resources in the City of Mankato while providing for the reclamation of land disturbed by mining to encourage productive use of said land, including, but not limited to the planting of forests, natural grasses or; the enhancement of natural wildlife and aquatic habitats; the establishment of recreational, residential and/or industrial sites; the conservation, development and management of natural resources and maintenance or improvement of the tax base of the City while protecting the health, safety and general welfare of the City. Excavations for the purposes of residential, commercial or industrial development and land alterations listed in Section 10.82 of the City Code shall be exempt from the provisions of this Section.

B. Conditional Uses. No person, firm or corporation shall hereafter engage in the mining and/or processing of sand, gravel, limestone or other minerals on any land within City of Mankato without first obtaining a Conditional Use Permit as regulated in Section 10.92 of this Ordinance.
  1. Conditional Use Permit. In addition to the Conditional Use Permit application, the following information shall be provided: 
    1. A description of the proposed alterations and future use of the property.
    2. The beginning and ending dates of proposed land alteration.
    3. Plans showing existing and proposed topography, at two (2) foot contours. Said plan shall be signed by a registered surveyor or engineer in the State of Minnesota.
    4. Plans showing existing and proposed vegetation and ground cover. 
    5. A soil erosion and sedimentation control plan.
    6. A reclamation plan as regulated in this Section.
C. Reclamation Plan.
  1. A reclamation plan shall be prepared for the planned after-use of affected areas, describing the nature and extent of reclamation activity. A detailed map at a scale of one (1) inch equals one hundred (100) feet or less shall be included showing future land uses, vegetation and proposed contours. A written statement shall be included containing an explanation of proposed depth of topsoil, type of fill and a time line for reclamation activities.
  2. Proposed grading, back-fill areas or banks shall be covered with sufficient topsoil to provide for vegetation. When back sloping is proposed, the rate of slope shall be not less than three (3) feet horizontal to one (1) foot vertical. Proposed banks shall be seeded, except where such bank provides a sand beach area to a proposed recreational lake.
  3. In the event that the operator finds characteristics of the mining area differing from that previously determined, changes may be made to the original reclamation plan by mutual consent of the operator and the City Council.
  4. Any mining operation legally commenced prior to the enactment of this Ordinance without an approved reclamation plan shall submit a reclamation plan to the City Council for review and approval within five (5) years of the date of the enactment of this Ordinance.
  5. Clearing of the mining site shall conform to the development and reclamation plan. Existing vegetation shall remain in a natural state whenever possible.
  6. Upon replacement of the topsoil, trees, shrubs, grasses or other ground cover shall be planted upon the areas to prevent erosion, in accordance with the approved reclamation plan.
D.  Operational Standards. Each person, firm or corporation to whom a Conditional Use Permit for mining operations is issued may engage in mining upon lands as described in the license. Mining operations shall be conducted in compliance with applicable County, State and Federal laws and subject to the following regulations:
  1. Hours of Operation.
    1. The general operation of the mining operation may be conducted between the hours of 6:00 a.m. and 7:00 p.m. Monday through Saturday. The excavation, drilling, hauling, sawing and other physical activities of the quarry cannot proceed until one hour after the initial start time.
    2. The hours of operation may be adjusted by the City Council as part of the conditional use permit.
  2. Screening and Berming.
    1. Adequate screening through the use of plantings, fencing or berms shall be provided adjacent to all public roadways and adjacent properties, sufficient to screen the operation from view. Screening adjacent to residential properties shall completely screen the operation from view eight (8) feet above grade level.
    2. Existing vegetation shall be preserved, maintained and supplemented as required for the depth of the setback as required in this Section. Berming and screening may be located within the required setback.
  3. Stormwater Runoff.
    1. The necessary stormwater discharge permits shall be obtained.
  4. Access Management.
    1. All access points to the mining operation shall be subject to approval by the City of Mankato.
    2. All access points shall be located to avoid the routing of vehicles over primarily residential streets. Materials deposited onto public roadways shall be removed as per Section 12.02 of the City Code.
    3. All access points abutting a public right of way shall be hardsurfaced with asphalt or concrete a minimum distance of one hundred (100) feet from the actual public roadway.
  5. Air Quality.
    1. The necessary air emissions permits shall be obtained from the Minnesota Pollution Control Agency.
    2. Haul roads within the mine shall be sprayed with dust suppressants as recommended by the Minnesota Pollution Control Agency, as needed, to control fugitive dust.
    3. Dust and noise producing loading or processing shall be conducted not closer to the property line than the required setback as denoted in Subdivision 5 of this Ordinance.
  6. Noise Control.
    1. Noise levels shall not exceed Minnesota Pollution Control Agency Noise Pollution Control Rules, Chapter 7030 for residential areas.
  7. Blasting.
    1. All blasting shall be conducted by licensed blasting personnel and shall comply with all rules and regulations as outlined by the City, unless modified herein.
    2. A blasting permit shall be required as per Section 5.47 of the Mankato
      City Code.
    3. Blasting may be conducted between the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday. In situations of failed blasts due to malfunction or weather, allowance shall be made to permit the blast outside the time limitations; however, blasting shall not take place later than permitted operational hours Monday through Friday.
    4. A blasting program shall be submitted and provide all the necessary data to assure compliance with applicable standards in conformance with Exhibit A (PDF), while also providing usable data to help predict future blast effects on all homes in the area. Data to be collected shall include, but not be limited to waveform analysis, peak particle velocities (PPV), frequencies and developing frequency spectrums. Data gathered for each blasting event shall be witnessed, reviewed, analyzed for compliance parameters and signed by a licensed blaster. If upon such review, the data indicates a violation, then corrective actions shall be taken, such as reducing blasting charge/delay or other measures as deemed necessary to assure compliance. Detailed blasting records shall be kept by mining operators. These records are to locate where each blast is taking place, delay pattern, and the identification, direction and distance to the closest non owned or permitted structure. Topographic maps shall be used to locate blasts and structures.
E.  Setback Requirements. Mining operations shall conform to the setback requirements listed herein:
  1. Not less than one hundred (100) feet from property located in zoning district where such operations are not permitted.
  2. Not less than two hundred (200) feet from any residentially zoned property.
  3. Not less than fifty (50) feet from any adjoining property without the written consent of the owner of such property.
  4. Not less than one hundred (100) feet from any public right-of-way.
  5. Not less than one hundred (100) feet from the ordinary high water level of any public water.
  6. No mining shall take place within platted City right-of-ways without a license to encroach from the City Council.
  7. Not less than ten (10) feet from environmentally sensitive areas.
F.   Bond Requirements. A performance bond or other financial security in the amount of ten (10) percent of the total cost of a completed reclamation plan shall be secured from the property owner and/or mining operator along with a waiver of assessment for the City to undertake work should the property owner and/or mining operator fail to do so. If and when rehabilitation of land in accordance with the reclamation plan is certified by the City Council, said bond shall be returned.

G.  Exceptions. Any mining operation commenced prior to the enactment of this Ordinance shall be allowed to continue under the preexisting operating parameters if valid documentation is provided to the City that the operation is legally allowed. Valid documentation shall include but not be limited aerial photographs, land ownership documentation or prior documented City of Mankato approvals. Expansions beyond the approved boundaries shall require a conditional use permit pursuant to Subdivision 2 of this ordinance. All mining operations shall be required to comply with the City’s Blasting standards as outlined in Subdivision 4 of this Ordinance. Such operation shall submit a reclamation plan to the City Council for review and approval as required in this Section.

H.  Compliance. Upon failure by the person, firm or corporation to whom a Conditional Use Permit for mining operations is issued, to fully comply with the provisions contained herein, notice shall be given to said permit holder setting forth those provisions of this Section being violated, and the time and place of a hearing before the City Council to consider such violation shall be set. Permits may be suspended or terminated based upon the findings of the City Council at such hearing.
19.000 Heritage Preservation
Subdivision 1. Declaration of public policy and purpose. The City hereby declares as a matter of public policy that the preservation, protection, perpetuation, and use of areas, places, buildings, structures, lands, districts, and other objects having a special historical, cultural, or aesthetic interest or value is a public necessity, and is required in the interest of public health, prosperity, safety, and welfare of the people of the City. The purposes of this section are to:
    A. Safeguard the heritage of the City by preserving sites and structures that reflect elements of the City’s cultural, social, economic, political, engineering, or architectural history;
    B. Protect and enhance the City’s attractions for residents, tourists, and visitors, and serve as a support and stimulus to business and industry;
    C. Enhance the economic viability of heritage preservation landmarks and districts through the protection and promotion of their unique character;
    D. Enhance the visual and aesthetic character, diversity, and interest of the City;
    E. Foster civic pride in the beauty and notable accomplishments of the past; and
    F. Promote the use and preservation of historic landmarks and districts for the educational and general welfare of the people of the City.
Subdivision 2. Definitions.
    A. "Heritage preservation district" shall mean a contiguous collection or group of lands, parcels, sites, structures, buildings, or objects that is determined to be historically, culturally, or architecturally significant as a whole and has been locally designated as a heritage preservation district pursuant to subdivision 3, paragraph A of this section.
    B. "Heritage preservation guidelines" shall mean the established criteria by which any proposed changes, including architectural or site modifications, shall be judged.
    C. "Heritage preservation landmark" shall mean any individual property, parcel, place, building, structure, work of art, or other object that has been determined to be historically, culturally, or architecturally significant and has been locally designated as a heritage preservation landmark pursuant to subdivision 3, paragraph A of this section.
    D. "National Register of Historic Places" is the nation’s official list of properties worthy of preservation designated by the United States Department of the Interior, National Park Service. Nominations to this list of properties within Minnesota are made through the auspices of the State Historic Preservation Officer, Minnesota Historical Society.
Subdivision 3. Powers and duties of the Heritage Preservation Commission. The Heritage Preservation Commission established pursuant to section 3.31 (hereinafter referred to as "Commission") shall have the following powers and duties:
    A. Designation of heritage preservation landmarks and districts.
      1. Report. Prior to recommending a site or district to the City Council for designation, amending a designated site or district, or nominating a site or district to the National Register of Historic Places, an investigation and report on the historical, cultural, and architectural significance of the buildings, structures, sites, or objects proposed for designation shall be made. Such report shall also attempt to determine the economic status of the property or properties by providing such information as assessed value, recent real estate transactions, and other appropriate data. The Commission may conduct this investigation and prepare the report, or may require a person seeking such designation to conduct the investigation and prepare the report.
      2. Criteria for designation. The Commission shall recommend the designation of heritage preservation landmarks and districts only when the property is found to meet one or more of the following criteria:
        a. It has character, interest, or value as part of the development, heritage, or cultural characteristics of the City, County, State of Minnesota, or United States.
        b. Its location was a site of a significant historical event.
        c. It is identified with a person or persons who significantly contributed to the culture or development of the City, State of Minnesota, or United States.
        d. It embodies a distinguishing characteristic of an architectural or construction type.
        e. It is identified as the work of an architect or master builder whose individual work has influenced the development of the City or State of Minnesota.
        f. It embodies elements of architectural design, detail, materials, or craftsmanship that represent significant architectural innovation.
        g. Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community, or the City as a whole.
      3. Planning Commission review. The Commission shall receive the comments of the Planning Commission regarding any proposed heritage preservation landmark or district prior to forwarding its recommendation to the City Council. In its review and recommendation, the Planning Commission shall consider any such designation’s potential effects on the surrounding neighborhood, economics, environment, and other planning considerations. Said comments shall become part of the official record and be submitted as part of the Commission’s report to the City Council.
      4. Communication with the Minnesota Historical Society. A copy of the Commission’s report on any proposed designation for a heritage preservation landmark or district, including boundaries, shall be sent to the State Historic Preservation Officer for review and comment in accordance with Minnesota Statutes, section 471.193, subdivision 6, including any amendments thereto. Any comments made by the State Historic Preservation Officer regarding a proposed designation must be received and forwarded to the City Council prior to final designation.
      5. Heritage Preservation Commission hearings. Prior to the Commission recommending to the City Council the designation of any heritage preservation landmark or district, the Commission shall hold a public hearing and seek the recommendation of all concerned citizens. Prior to such hearing the Commission shall cause to be published in the official newspaper of the City notice of said hearing at least 10 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners listed on the current county records of property proposed to be designated a heritage preservation landmark or district.
      6. Communication with City Council. If the Commission recommends to the City Council that a landmark or district be designated for heritage preservation, the Commission shall transmit to the City Council a complete report on the recommended heritage preservation landmark or district. Such communication shall include the initial investigation report, comments made by the Planning Commission, required comments by the State Historic Preservation Office and the proposed heritage preservation guidelines.
      7. City Council designation. The City Council may by ordinance designate a heritage preservation landmark or district. Prior to such designation, the City Council shall hold a public hearing, notice of which shall be published in the official newspaper of the City at least 10 days prior to the day of the hearing, and the notice of the hearing shall be sent to the owners of all property proposed to be designated as a heritage preservation landmark or district.As part of the hearing, the City Council shall consider the testimony of the property owner of the proposed heritage preservation landmark or district.
    B. Review of construction and demolition activity.
      1. Type of activity. Except as provided in paragraph C below, the Commission shall review and approve or disapprove of construction and demolition activities, including all street and utility activities, within any heritage preservation landmark or district. In addition, the Commission shall review and approve or disapprove the issuance of City permits to do any of the following in a heritage preservation landmark or district:
        a. Remodel, repair, or alter in any manner that will change the exterior appearance, including the installation, modification or removal of exterior signage;
        b. New construction, including parking facilities;
        c. Move a building;
        d. Change the nature or appearance of a designated heritage preservation landmark, building or district, including permanent landscaping features;
        e. Demolish any building, structure, or portion thereof.
      The performance of any of the foregoing activities without a permit issued inaccordance with the requirements of this section, or the performance of any of theforegoing activities in a manner contrary to the conditions, restrictions, or limitations ofa permit issued in accordance with the requirements of this section, shall constitute aviolation of this section.
      2. Permit application and plans. Every application for any type of permit for exterior renovation in relation to a property designated as a heritage preservation landmark or district shall be accompanied by detailed plans or sketches for the proposed work to be done. A copy of the application and plans or sketches submitted therewith shall be immediately referred by the City's Zoning Administrator to the Commission. The Zoning Administrator shall not issue permits in regard to an application until receiving written approval from the Commission, subject, however, to subparagraphs 3, 6, and 7 of this paragraph.
      3. Commission review. The Commission may, but is not required to, delegate to a subcommittee of the Commission, or to a designated City official, its power to review and recommend approval or denial of permit applications, such recommendation to be based on the proposed action's compliance with the adopted heritage preservation guidelines. The Commission shall review the permit application and such plans as were submitted therewith and the recommendation of its subcommittee or designated official if applicable, and shall render its decision thereon as a written order to the Zoning Administrator. The Zoning Administrator shall not issue any approved permit until after the 10-day appeal period, as provided for in subparagraph 5 below. In the case of a denial of the requested permit, the Commission shall furnish the applicant with a copy of the Commission’s written order and decision, together with a copy of any recommendations for changes necessary to be made before the Commission will reconsider the permit application.
      4. Findings. All decisions of the Commission with respect to construction and demolition activity shall be based on explicit findings which are in accordance with the adopted heritage preservation guidelines for each individual heritage preservation landmark or district and the Secretary of the Interior’s standards of rehabilitation.
      5. Appeal to City Council. The Commission, in any written order denying a permit application, shall notify the applicant of the appeal procedures provided herein. The permit applicant or any party aggrieved by the decision of the Commission shall, within 10 days of the date of the Commission’s written order and decision, have a right to appeal such order and decision to the City Council. Such appeal shall be addressed to the City Council and submitted to the Zoning Administrator. Two copies of a notice of appeal and statement of reasons setting forth the grounds for the appeal shall be submitted by the appealing party. The Zoning Administrator shall transmit one copy of the notice of appeal and statement to the City Council and one copy to the Commission. The City Council may modify or overrule the Commission’s decision, but only if the project is found to be consistent with the U.S. Secretary of Interior’s recommended standards for preservation projects.
      6. Commission's failure to act on permit application. If, within 60 days of receipt of the permit application by the Commission, it has neither approved nor denied the permit application, the applicant may request that such plans and permit application be reviewed by the City Council, and if approved by the City Council, and if all other requirements of the City have been met, the Zoning Administrator shall issue a permit for the proposed work.
      7. Emergency repair. In emergency situations where immediate repair is needed to protect the safety of the structure, a neighboring structure, or any persons, the Zoning Administrator may, without Commission action, approve the repair of only those items needed to insure safety. In the case of a permit issued pursuant to this subparagraph, the Zoning Administrator shall require that such repairs be made in conformance with the U.S. Secretary of Interior’s recommended standards for historic preservation projects and adopted heritage preservation guidelines for the landmark or district to the extent possible. In addition, the Zoning Administrator shall immediately notify the Commission of the action and specify the facts or conditions constituting the emergency situation.
      8. Building code enforcement. One purpose of this section is to encourage the sensitive rehabilitation, restoration, stabilization and/or preservation of historic buildings throughout the City. These rehabilitation and preservation efforts should provide for the upgrading and maintenance of the safety features of the building or structure to provide a practical level of safety to the public and surrounding properties. While ensuring this increased level of public safety, the Commission shall be open to acceptable alternative solutions and alternative compliance concepts, where practical, that will permit the continued use of existing buildings and structures without creating overly restrictive financial burdens on owners or occupants. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure required by the City Code.
      9. Priority of regulations. To the extent that this section or any ruling or requirement of the Commission conflicts with any other provision of the City Code or applicable state, federal, or local rules or regulations, including building and fire codes, the following shall apply: (a) all state, federal, or local rules or regulations which relate to safety issues and the preservation or protection of life or property shall take priority over any conflicting provision in this section or ruling or requirement of the Commission; and (b) as to non-safety related regulations of this chapter, the same may be modified through the variance process set forth in this chapter.
    C. Exception to requirement of Commission review. If the Zoning Administrator determines that a permit application is for ordinary repair or maintenance, or for alteration, change, restoration, color, or removal of any exterior architectural feature that does not involve significant changes in the architectural or historic value, style, general design or appearance of the building or structure, the Zoning Administrator may, within 7 days of receipt of the application, tentatively approve the application and forward a copy thereof to the chair of the Commission, or to the vice-chair if the Zoning Administrator is aware that the chair is not available. The chair or vice-chair of the Commission shall, within 3 business days, either approve the Zoning Administrator's decision or call for a meeting of the Commission to consider the application. If such a meeting is called, the provisions of paragraph B above shall apply. If the chair or vice chair approves the application or does not take any action within 3 business days, the application shall be deemed to be approved by the Commission, and the Zoning Administrator may notify the applicant of the approval of the application. Approval of an application under this provision shall not affect the obligation to comply with the standards required by this section.
    D. Additional powers and duties of the Commission. The Commission shall have the following powers and duties in addition to those otherwise specified in this section.
      1. The Commission shall conduct a continuing survey of all areas, places, buildings, structures, or similar objects in the City which the Commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as heritage preservation landmarks or districts.
      2. The Commission shall work for the continuing education of the citizens of the City with respect to the historic and architectural heritage of the City. It shall keep current and public an official list of designated heritage preservation landmarks and districts.
      3. Upon prior approval by the City Council, the Commission may retain the services, on a permanent or part-time basis, of technical experts and other persons as may be required to perform the Commission’s duties.
      4. The Commission shall have authority to solicit gifts and contributions to be made to the City, and to assist in the preparation of applications for grant funds to be made to the City for the purpose of heritage preservation.
      5. The Commission may recommend to the City Council, after review and comment by the City Planning Commission, that certain properties eligible for designation as heritage preservation landmarks or districts be acquired by gift, negotiation, or other legal means.
      6. Upon final designation of a heritage preservation landmark or district by the City Council, the Commission shall adopt heritage preservation guidelines specific to the landmark or district. Such guidelines shall detail allowable architectural and/or site modifications, essential features to be retained, and any other criteria by which future proposals for modifications shall be judged. These guidelines are intended to provide assurance to owners of properties within heritage preservation landmarks or districts that any permit review process will be based on clear and objective standards rather than the taste of individual Commission members.
      7. The Commission may nominate a heritage preservation landmark or district to the National Register of Historic Places, but only with the consent of the City Council.
      8. The Commission shall make an annual report to the State Historic Preservation Officer by October 31 of each year.
Subdivision 4. Violations. An owner or occupant of any area, place, building, structure, or other object within a locally designated heritage preservation landmark or district, who violates any provision of this section, shall be guilty of a petty misdemeanor. Any person who assists in the commission of a violation of this section shall be guilty of a petty misdemeanor. Each day an owner or occupant of any area, place, building, structure, or object within a heritage preservation landmark or district allows any work to be performed on any area, place, building, structure or other object in violation of this section shall constitute a separate violation of this section and will be punishable as such. Any remodeling, repairing, altering, or construction activity of a heritage preservation landmark or district in violation of this section is hereby declared a nuisance. The imposition of the penalties herein prescribed shall not prevent the City from taking appropriate action or proceeding to prevent unlawful alteration of the building, district, and/or site in question. Such action may include restraining, correcting, and abating the violation.

Subdivision 5. Filing of documents.
    A. The office of the Zoning Administrator shall keep at least one copy of all studies, reports, recommendations, decisions and heritage preservation guidelines developed by the Commission and City Council. In addition, the Zoning Administrator shall maintain an official list of all locally designated heritage preservation landmarks and districts and shall forward the same to the Minnesota State Historic Preservation Officer. The Zoning Administrator shall also maintain an up-to-date copy of the U.S. Secretary of Interior’s recommended standards for historic preservation projects.
    B. The Heritage Preservation Commission is designated as the repository for at least one copy of all plans and reports required under subdivision 3 of this section. This information shall be available to the public for inspection during normal business hours.
Subdivision 6. Recording heritage preservation sites. The office of the Zoning Administrator shall record or file with the Blue Earth County Recorder the legal description of all properties designated as heritage preservation landmarks or districts by the City.
20.000 Designated Heritage Preservation Landmarks and Districts

Pursuant to the procedures set forth in Section 10.82 Subdivision 19, the following parcels are designated as heritage preservation landmarks or heritage preservation districts:

 

Subdivision 1. Heritage preservation landmarks:

  1. First Presbyterian Church, 220 E. Hickory Street (Lot 5, Block 17, City of Mankato)
  2. Stahl House, 301 N. Riverfront Drive (Lot 5, Block 17, City of Mankato)
  3. Kenny House/Tacy Kelly's House, 332 Center Street (Part of Lots 7 and 8, Block 28, Warren's Third Addition)
  4. Maud Hart Lovelace House/Betsy Ray's House, 333 Center Street (Lot 8, Block 27, Warren's Third Addition)
  5. The Hubbard House, 606 S. Broad Street (Warren's Addition - 1884 Sanborn Maps - Warren Street Subdivision)
  6. The Blue Earth County Courthouse, 204 South 5th Street (East 80' of Lot 8 & the South 10' of Lot 7, Block 28, Warren's Third Addition Ward 4, Precinct 6.
  7. Eberhart House, 228 East Pleasant Street (Lot 13, Block 20, Warren's Second Addition)

Subd. 2. Heritage preservation districts: (to be left blank until surveys and designation approved by City Council).


10.83 : Adult Uses.

1.000 Definitions.
    A. Adult Uses. Adult uses include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other 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 by members of the public.
      1. Specified Anatomical Areas:
        a. 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.
        b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      2. Specified Sexual Activities:
        a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexually relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
        b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence.
        c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.
        d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.
        e. 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 persons.
        f. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being.
        g. Human erection, urination, menstruation, vaginal or anal irrigation.
    B. Adult Uses-Accessory. A use, business, or establishment having ten percent (10%) or less of its stock in trade or floor area allocated to, or twenty percent (20%) or less of its gross receipts derived from movie rentals or magazine sales.
    C. Adult Uses-Principal. A use, business, or establishment having more than 10% of its stock in trade or floor area allocated to, or more than twenty percent (20%) of its gross receipts derived from, any adult use.
    D. Adult Use-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."
    E. Adult Use-Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, 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 extending 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."
    F. Adult Use-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."
    G. Adult Use-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."
    H. Adult Use-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."
    I. Adult Use-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."
    J. Adult Use-Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage 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."
    K. Adult Use-Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
    L. Adult Use-Mini-Motion Picture Theater. A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue 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.
    M. Adult Use-Modeling Studio. An establishment 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 and 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.
    N. Adult Use-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 motor picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any on 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."
    O. Adult Use-Motion Picture Theater. A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material is such building or portion of a building as a prevailing practice excludes minors by virtue 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.
    P. Adult Use-Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
    Q. Adult Use-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 bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, 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."
    R. Adult Use-Steam Room/Bathhouse Facility. A building or portion of a 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."
2.000 Purpose.
The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
3.000 General Provisions.
Adult uses as defined in this Chapter shall be subject to the following general provisions:
    A. Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this ordinance be construed to allow an activity otherwise prohibited by law.
    B. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. C. An adult use which does not qualify as an accessory use pursuant to Section 10.83, Subd. 5, shall be classified as an adult use-principal.
4.000 Adult Use, Principal.
    A. Adult use-principal shall be a permitted use in the B-2, General Business District, and the M-1, Light Industrial District, subject to the location criteria outlined in Subd. 3(B).
    B. Adult use-principal shall be located at least three hundred fifty (350) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:
      1. A zoning district in which residential uses are specifically listed as a permitted or conditional use.
      2. A licensed day care center.
      3. A public or private educational facility classified as an elementary, junior high or senior high.
      4. A public library.
      5. A public park.
      6. Another adult use-principal.
      7. Any church or church related organization.
    C. No adult use-principal shall be located in the same building or upon the same property as another adult use-principal. This limitation does not apply to any business or establishment that contains more than one adult use-principal as of August 26, 1996.
    D. Adult use-principal shall adhere to the following signing regulations in addition to the sign regulations of Section 10.87.
      1. Sign messages shall be generic in nature and shall only identify the name of business.
      2. Signs shall comply with the requirements of size and number for the district in which they are located.
    E. Adult use-principal shall be limited to 7:00 a.m. to 12:30 p.m. for its hours of operation. A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that the all the following apply:
      1. Not adversely impact or affect uses or activities within three hundred fifty (350) feet.
      2. Will not result in increased policing and related service calls.
      3. Is critical to the operation of the business.
5.000 Adult Uses, Accessory.
Adult Uses, Accessory, shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this Subd.
    A. Adult use-accessory shall:
      1. Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located.
      2. Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.
      3. Not involve or include any activity except the sale or rental of merchandise.
    B. Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:
      1. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
      2. Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
      3. Other Use. Adult uses-accessory not specifically cited shall comply with the intent of this Section subject to the approval of the Zoning Administrator.
    C. Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
6.000 Nonconforming Adult Use-Principal or Accessory.
Adult uses which are in existence prior to August 26, 1996, shall be classified as legal nonconforming uses and may continue in accordance with the provisions of this Chapter. If an adult use becomes nonconforming because of rezoning or the establishment of a use listed in Subd. 3, the adult use shall be considered legal nonconforming and may continue in accordance with the provisions of this Chapter. In no instance, shall a legal nonconforming adult use be allowed to structurally expand the use on the lot on which it is located when the use became legally nonconforming, or expand the adult use to include another lot on which the adult use was not located when it became legally nonconforming.

If the building in which a legal nonconforming adult use is located is destroyed by any means to an extend of greater than fifty percent (50%) of its market value, or if the building in which the legally nonconforming adult use is vacant for more than twelve (12) months, an adult use shall not be re-established unless it is in conformance with this Section.
7.000 Enforcement.
    A. Any person violating any provision of this Section is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by State Law.
    B. Any violation of this Section shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in or on which the adult use is located. In the event the City Council proposes to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for such proposed suspension or revocation. The City Council shall hold a hearing for the purpose of determining whether to revoke or suspend the certificate of occupancy, which hearing shall be within thirty (30) days of the date of the notice.
    C. The City Council shall determine whether to revoke or suspend a certificate of occupancy within thirty (30) days after the close of the hearing or within sixty (60) days of the dates of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.

10.84 : Non-Conformities.

1.000 Purposes.
This Section regulates and limits the continued existence of uses, structures, and lots established prior to the effective date of this Chapter that do not conform to the regulations of this Chapter applicable in the zoning districts in which such uses, structures, and lots are located.

The zoning districts established by this Chapter are designed to guide the future use of land within the City by encouraging the development or maintenance of desirable residential, business, office, institutional, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of non-conformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such non-conformities is generally desirable.
2.000 General Scope and Scheme of Regulation.
This Section establishes separate restrictions for the following categories of non-conformity:
    A. Nonconforming uses (Subd. 3).
    B. Nonconforming structures (Subd. 4).
    C. Nonconforming lots (Subd. 5).
    D. Nonconforming junkyards (Subd. 6).
    E. Nonconforming rooming houses (Subd. 7).
    F. Nonconforming parking surfaces (Subd. 8).
The degree of restriction made applicable to each category of non-conformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with non-conformities of that type. Pursuant to Section 10.94, provision is made for relief from some of the restrictions of this Section when practical difficulties or particular hardship exist.
3.000 Nonconforming Uses.
The following restrictions shall apply to nonconforming uses of land.
    A. Authority to Continue. Except with regard to the termination by discontinuance or abandonment of a use as provided for below, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the restrictions set forth below:
      1. Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use; provided, however, that this restriction shall not be deemed to authorize any violation of this Section.
      2. Enlargement of Structure. No structure devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located.
      3. Extension of Use. A lawful existing nonconforming use may be extended or expanded throughout an existing building provided that such extension or expansion does not require that the structure devoted to the nonconforming use be structurally altered or enlarged; and provided further that the extension or expansion of the use shall not be allowed unless the off-street parking and loading spaces required for such extension or expansion are provided in accordance with the requirements of Sections 10.85 and 10.86 of this Chapter.
      4. Moving. No structure devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
      5. Change in Use.
        A. A lawful nonconforming use may be changed to a conforming use permitted in the zoning district in which it is located; provided, however, when such a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to any nonconforming use.
        B. A lawful nonconforming use may be changed to another nonconforming use of the same or similar type or intensity, or to another nonconforming use of the same or similar type, but of less intensity, subject to interpretation by the Zoning Administrator pursuant to Section 10.97. In addition to the requirements set forth in Section 10.97, the Zoning Administrator shall not approve such change if it will require the violation of the restrictions of this Section. Whenever a nonconforming use is changed to a less intense nonconforming use, it shall not thereafter be changed back to a more intense nonconforming use.
      6. Damage or Destruction. Any structure devoted in whole or in part to, or that is accessory to, a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the assessed market value, shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located.
      For any use that is legally existing on the effective date of this Chapter, and is otherwise conforming to this Chapter except that the existing number of off-street parking and loading spaces provided for said use is not in compliance with Sections 10.85 and 10.86, but said existing parking and loading spaces currently provided for the use were conforming when the use was established, that when said use is thereafter damaged or destroyed by fire, collapse, explosion, or other cause not under the control of the property owner, the requirements of Section 10.85, Subd. 21, and Section 10.86, Subd. 12, shall not apply if the use is reconstructed, re-established, or repaired within one (1) year and to the same condition, density, and floor area as existed before being damaged or destroyed. The property owner shall be required to restore, or continue in operation, parking and loading facilities equal to the parking and loading to useable floor area ratio maintained at the time of such damage or destruction, and the parking and loading facilities shall conform to all other requirements of Sections 10.85 and 10.86.
      7. Termination by Discontinuance or Abandonment. When a nonconforming use is discontinued or abandoned for a period of twelve (12) consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.
      Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming uses, shall not be considered in calculating the length of discontinuance for purposes of this Section.
4.000 Nonconforming Structures.
    A. Authority to Continue. Any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the restrictions set forth below.
      1. Repair, Maintenance, Alterations, and Enlargement. Except as limited below and allowed elsewhere in this Chapter, any nonconforming structure may be repaired, maintained, altered, or enlarged; provided, however, that no such repair, maintenance, alteration, or enlargement shall either create any new non-conformity or increase the degree of the existing non-conformity of all or any part of such structure.
      2. Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to all of the regulations of the zoning district in which it is located after being moved.
      3. Damage or Destruction. Any nonconforming structure that is damaged or destroyed by any means not within the control of the owner thereof, to any extent, may be repaired or restored; provided, however, that no such repair or restoration shall be allowed that would increase the degree of any non-conformity existing prior to such damage or destruction, and no such repair or restoration shall be allowed for that portion of a structure encroaching into a public right-of-way or sight triangle as defined in Section 12.71.
5.000 Nonconforming Lots.
Subdivided lots of record in existence prior to May 28, 1956, which do not meet the minimum width, area, and frontage requirements of this Chapter, shall be considered legally nonconforming and developable lots, provided all other regulations of this Chapter are satisfied and an approved public access is provided to the lot. If two or more nonconforming lots are contiguous and under single ownership at the time of the enactment of this Chapter, then such lots shall be combined for the purposes of development in order to satisfy the requirements of this Chapter.
6.000 Nonconforming Junkyards.
No junkyard may continue as a legal nonconforming use for more than one (1) year after the effective date of this Chapter, except that a junkyard may continue as a legal nonconforming use in an Industrial District if, within that period, it is completely enclosed within a building, fence, screened planting, or other device of such height as to completely screen the operations of the junkyard. Plans of such a building or device shall be subject to site plan review and shall be approved by the City Council, upon the recommendation of the Planning Agency, prior to the establishment of such building or device.
7.000 Reserved.
Editor's Note - An ordinance enacted 6-29-1998 repealed former Subdivision 7, Nonconforming Rooming House Dwelling Units.
8.000 Nonconforming Parking, Driveway, and Driving Surfaces.
All legal nonconforming off-street parking spaces, driveways, and driving surfaces which are not constructed in conformance with Section 10.85, Subd. 10, shall be hardsurfaced with concrete or asphalt within one (1) year of any of the following:
    1. The issuance of a building permit which would allow the increase in the amount of lot coverage on the zoning lot.
    2. The change in the principal use of the zoning lot.
    3. The hardsurfacing of a public right-of-way, which was previously not hardsurfaced with concrete or asphalt, when said right-of-way serves as an access to the nonconforming surface.
    4. A major reconstruction of a public roadway, as defined in the Mankato Assessment Policy or Capital Improvements Program, when said right-of-way serves as an access to the nonconforming surface.
    5. The expansion of any existing, or development of any additional driveways, parking areas or driving areas on the zoning lot.
    6. The issuance of a rental license for property that is not currently licensed or the license has lapsed.
9.000 Nonconforming Accessory Uses and Structures.
No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all regulations of the zoning district in which it located.
10.000 Burden of Owner to Establish Legality of Non-Conformity.
The burden of establishing that any non-conformity is lawfully existing under the provisions of this Section shall, in all cases, be upon the owner of the nonconforming property and not upon the City.

10.85 : Off-Street Parking.

1.000 Scope of Regulations.
The off-street parking provisions of this Chapter shall apply to all buildings and structures erected and all uses of land established after the effective date of this Ordinance. All required off-street parking shall be provided on private property, unless authorized otherwise by the City Council.
2.000 Existing Parking Facilities.
Accessory off-street parking facilities in existence on the effective date of this Chapter shall not hereafter be reduced below the parking and loading requirements of this Chapter.
3.000 Exemption of Required Parking Spaces.
Uses and buildings located in the CBD-C, Central Business District-Core, shall be exempt from providing the required parking spaces set forth in this Section. Uses and buildings located in the CBD-F, Central Business District-Fringe, shall be required to provide one-half (1/2) the required parking set forth in this Section. However, the City Council may require off-street parking to be provided for conditional uses in the CBD-C or CBD-F. In lieu of required parking spaces in the CBD-C and CBD-F, a payment may be made to the City parking fund or other authorized parking fund. The in-lieu payment per parking space shall be determined by the Council on a yearly basis with the same procedure required for all assessments. Requests for payment in-lieu of required parking spaces must be made to the Council through the City Planning Commission. The determination to allow a payment in-lieu of required parking will be made by the Council and shall be based on available municipal parking facilities within five hundred (500) feet of the use and the total City parking system in general.
4.000 Voluntary or Required Provision of Additional Parking Facilities.
Nothing in this Ordinance shall be deemed to prevent the voluntary establishment of off-street parking to serve any existing use of land or buildings, provided that all regulations of this Ordinance governing the location, design, and operation of such facilities are adhered to.

As part of the conditional use approvals, the City Council may required additional off-street parking to be provided in excess of the requirements of this Section in order to ensure that an anticipated parking demand will be served.
5.000 Parking of Commercial Vehicles or Equipment.
No commercial vehicle or equipment of any kind exceeding nine thousand (9,000) pounds gross weight, shall be parked, stored, or otherwise continued in a Residential District unless in a completely enclosed structure or unless the vehicle or equipment is being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.
6.000 Parking and Storage of Certain Vehicles.
Automobile vehicles or trailers of any kind or type without current legal license plates or which are inoperable are a public nuisance and enforcement and abatement shall be undertaken as provided in Section 9.14 of the Mankato City Code.
7.000 Submission of a Site Plan.
Any application for a Building Permit affected by this Section and required to provide more than four (4) off-street parking stalls shall include a site plan, drawn to scale and fully dimensioned, showing any off-street parking or loading facilities to be provided in compliance with this Chapter. Such site plan shall be a part of the Building Permit and no Certificate of Occupancy shall be issued until the site plan is approved. The site plan shall be drawn to a scale of one (1) inch equals twenty (20) feet or larger and shall include at least the following information:
    A. The applicant’s name and address and interest in the property.
    B. The owner’s name and address, if different from the applicant, and the owner’s signed consent to the filing of the site plan.
    C. The street address and legal description of the property.
    D. The zoning classification and the required setback for the property.
    E. A complete description of the proposed use.
    F. The actual dimensions of the parking lot and exact sizes and location of all proposed buildings or other structures.
    G. The actual dimensions and location of all driveways, parking spaces, safety curbs, loading areas, and landscaping.
    H. A depiction of all drainage features and any environmental features.
    I. Such other and further information or documentation as the Zoning Administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular site plan.
8.000 Location of Parking Spaces.
    A. Parking spaces required for one- and two-family dwellings shall be located on the same lot as the dwelling served or on an abutting lot.
    B. Off-street parking spaces required for all non-one- and two-family dwellings shall be located on the same lot as the land use activity; provided, however, that when four (4) or more parking spaces are required, off-premise parking may be provided on a lot located not more than five hundred (500) feet from the main building of the use requiring said parking, provided the off-premises parking lot shall be held under the same ownership or leasehold interest as the zoning lot occupied by the building or use to which the parking facilities are accessory.
    In no instance shall a use not permitted in a residential zoning district be allowed to provide off-street parking in a residential zoning district.
    C. The prohibition against parking in any yards shall not be interpreted to prohibit the use of hardsurfaced driveways for the temporary parking of automobiles.
9.000 Parking in Required Yards.
The location of parking spaces and internal driveways shall conform to the stated setbacks and ground coverages for impervious surfaces contained in each zoning district. Parking areas shall be designed so as to avoid parked vehicles encroaching into required yards.

Parking shall not be located in the required sight triangle as defined by Section 12.71.
10.000 General Parking Provisions.
Every parcel of land hereafter used as a public or private parking area, regardless of whether or not the parking is required by this Section, shall be developed and maintained in accordance with the following requirements.
    A. Design. The design of parking lots or areas shall be subject to the approval of site plan review, in accordance with standards set forth in Section 10.90, and any additional standards established by the Zoning Administrator. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with the movement of street traffic.
    B. Landscaping and Screening. Landscaping and screening shall be provided in accordance with the requirements of Section 10.88.
    C. Lighting. Reserved.
    D. Signs. Accessory signs shall be permitted on parking areas in accordance with the provisions specified in Section 10.87 of this Chapter. All compact parking stalls shall be signed as such.
    E. Curb and Striping. All off-street parking areas in multiple-family, commercial, or planned industrial zones shall have a six (6) inch high non-surmountable curb around the perimeter of the parking area and driveway.
    All off-street parking spaces containing more than four (4) parking spaces shall delineate individual parking spaces by striping or painting having a width of at least four (4) inches.
    F. Parking Lots, Parking Spaces and Driveway Surfaces. All motor vehicles as defined by Section 9.14 of the City Code shall have access to and be stored on off-street parking spaces, parking lots, driveways, and driving surfaces that are hardsurfaced with concrete or asphalt, except as exempted as below. Such areas shall be well-drained and maintained in a well kep manner. (Ord. of 6-29-1998, Ord. of 2-9-2004)
      1. Exemptions.
        a. Off-street parking spaces, driveways, and driving surfaces which only have access to a public right-of-way that is not hardsurfaced with concrete or asphalt are not required to be hardsurfaced with concrete or asphalt until such right-of-way is surfaced with concrete or asphalt. (Ord. of 6-29-1998)
        b. Industrial properties located in M-1 and M-2 Districts may maintain gravel parking or storage areas and driving surfaces to be utilized by heavy equipment in excess of nine thousand (9,000) pounds, provided said gravel parking or storage areas and driving surfaces are located more than one hundred (100) feet from a hardsurfaced public right-of-way, or the access to such areas is located more than one hundred (100) feet from a hardsurfaced public right-of-way.
11.000 Utilization of Required Parking Spaces.
Except as otherwise provided in this Section, required accessory off-street parking facilities provided for uses listed in this Section shall be solely for the parking of motor vehicles utilized by the owners, guests, patrons, occupants, or employees of such uses.
12.000 Handicap Parking.
Any parking area to be used by the general public shall provide parking spaces designated and located to adequately accommodate the handicapped, and these shall be clearly marked as such. Handicap stalls shall be located in close proximity to the most accessible handicap entrance of the principal building.

The number and dimension of the stalls shall conform to applicable state and federal.
13.000 Compact Parking Stalls.
One-quarter (?) of the total parking requirement for a particular use may be designated for compact parking. Compact parking stalls shall be individually or jointly signed and shall conform to the size and dimensions contained in Subd. 14 below.
14.000 Off-Street Parking Dimensions.
The dimensions for parking stalls and associated driving aisles shall conform to the standards recommended by the Multi-Modal Transportation Committee and as adopted and amended, from time to time, by the City Council.
15.000 Provision for Collective Parking.
    A. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements of each such use and all regulations governing location of accessory parking spaces in relation to the use served are adhered to. No parking space or portion thereof shall serve as required space for more than one (1) use unless otherwise authorized by the Zoning Administrator.
    B. The Zoning Administrator may authorize a reduction in the total number of required parking spaces for two (2) or more non-residential uses jointly providing off-street parking when their respective peak hours of operation do not coincide. (See the Schedule for Minimum Off-Street Parking Requirements in Subd. 21.) Reduction of joint use parking shall be subject to the following conditions:
      1. No more than fifty percent (50%) of the parking spaces required for a principal use may be supplied by parking facilities required for any other principal use.
      2. The number of shared spaces for two (2) or more distinguishable land uses shall be determined by the following procedure:
        a. Multiply the minimum parking required for each individual use, as set forth in Section 10.85, Subd. 21, Schedule of Minimum Off-Street Parking Requirements, by the appropriate percentage indicated in Section 10.85, Subd. 20, Schedule of Shared Parking Calculations, for each of the six (6) designated time periods; then
        b. Add the resulting sums for each of the six (6) column; then
        c. The minimum shared parking requirement shall be the highest sum among the six (6) columns resulting from the above calculations.
      3. If the Zoning Administrator determines that one or all of the land uses proposing to make use of joint parking facilities do not conform to one of the general land use classifications in the Schedule of Shared Parking Calculations, then the petitioner shall submit sufficient data to indicate that there is not substantial conflict in the principal or peak operating hours of the uses.
      4. The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the City Attorney guaranteeing that the parking spaces shall be maintained so long as the uses requiring parking are in existence unless the required parking is provided elsewhere in accordance with the provisions of this Section. Such instrument shall be recorded by the property owner with the County Recorder of Deeds, and a copy filed with the Zoning Administrator.
16.000 Parking Spaces for Accessory Uses.
Parking spaces for accessory uses not specifically enumerated within Section 10.85, Subd. 21, shall be assumed to be included in the principal (permitted or conditional) use requirement.
17.000 Calculation of Parking Space Requirements for Mixed-Use Developments.
In computing required parking spaces for a mixed use development or a shopping mall, the total number of required spaces shall be based upon the parking requirements for all the principal uses on the zoning lot.
18.000 Determination of Required Number of Parking Spaces for Uses Not Specified Herein.
In the event this Chapter does not specify the number of parking spaces for a specific use, the Zoning Administrator shall determine the number of spaces required. In making this determination, the Zoning Administrator shall consider the following criteria:
    A. The number of parking spaces required for a use listed in Section 10.85, Subd. 21, that is the most similar to the proposed use in terms of the parking demand anticipated to be generated.
    B. The square footage to be occupied by the proposed use.
    C. The number of employees and patrons that are anticipated for the proposed use.
19.000 Standards and Units of Measurement to Determine Off-Street Parking.
For the purpose of determining off-street parking requirements, the following units of measurement shall apply:
    A. Floor Area, Livable or Useable. The gross useable or livable floor area shall be used to determine the parking requirement.
    B. Places of Assembly (Public or Private). In places of assembly in which those in attendance occupy benches, pews, and other similar seating facilities, each twenty-two (22) inches of lineal bench or pew space shall be counted as one (1) seat for the purpose of determining required off-street parking.
    C. Open Assembly Areas. In places of public assembly in which those in attendance occupy temporary seating, each four (4) persons of occupant load as determined by the Building Official shall be counted as requiring one (1) parking space.
    D. Interpreting Calculation of Fractional Parking Spaces. When determination of the number of off-street parking spaces required by this Section results in a requirement of a fractional space, any fraction of less than one-half (?) may be disregarded, while a fraction of one-half (?) or more, shall be counted as one (1) parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing on the premises or both, at any one time.
    E. Garages, Driveway Parking, Tandem Parking.
      1. Parking stalls located within a private garage may be used to satisfy the off-street parking requirements of this Section.
      2. The area of the driveway immediately adjacent to the entrance to a private garage may be considered a parking area for the purpose of satisfying the off-street parking requirements of this Section, provided that such parking space(s) conforms to the dimensional requirements of this Section, and such parking spaces(s) shall not restrict or interfere with an internal traffic lane and shall not be located on a public right-of-way. All other areas of the driveway, as defined in Section 10.02, Subd. 47, shall not be used to satisfy the off-street parking requirement of this Section.
      3. Notwithstanding any of above, or as otherwise permitted in this Chapter or Chapter 13, tandem parking arrangements shall not be allowed in order to satisfy the parking requirements of this Section.
      4. The provision of this Subdivision shall also apply to the rental housing standards contained in Chapter 13.
    F. Parking for bicycles. Nonresidential uses and Multiple Family Dwellings having an off-street parking requirement of at least fifteen (15) and not more than forty (40) automobile spaces shall provide a minimum of two (2) off-street bicycle parking spaces. Nonresidential and Multiple Family Dwellings uses having an off-street parking requirement of forty (40) or more automobile spaces shall provide off-street bicycle parking spaces equal to five (5) percent of the total number of automobile off-street parking spaces provided. Subject to review wand approval byt he Planning Agency, the total number of reuired automobile off-street parking spaces may be reduced at the ratio of one (1) automobile off-street parking space for each six (6) bicycle spaces. However, the total number of required automobile off-street parking spaces shall not be reduced by more than five (5) percent. 
20.000 Schedule of Shared Parking Calculation.
GENERAL LAND USE CLASSIFICATION WEEKDAYS
 

12 a.m. - 7 a.m.

7 a.m. - 6 p.m.

6 p.m. - 12 a.m.

Office & Industrial 5% 100% 5%
Retail 10% (open)
0% (not open)
100% 80%
Restaurant 50% 70% 100%
Hotel 100% 65% 100%
 
GENERAL LAND USE CLASSIFICATION WEEKENDS
  12 a.m. - 7 a.m. 7 a.m. - 6 p.m. 6 p.m. - 12 a.m.
Office & Industrial 0% 100% 10%
Retail 10% (open)
0% (not open)
100% 60%
  12 a.m. - 7 a.m. 7 a.m. - 6 p.m. 6 p.m. - 12 a.m.
Restaurant 70% 45% 100%
Hotel 100% 65% 100%

How to Use the Schedule of Shared Parking. For each applicable general land use category, calculate the number of spaces required for a use if it were free-standing (refer to the Schedule of Minimum Off-Street Parking Requirements). Use those figures for each land use to calculate the number of spaces required for each time period for each use, (six (6) time periods per use). For each time period, add the number of spaces required for all applicable land uses to obtain a grand total for each of the six (6) time periods. Select the time period with the highest total parking requirement and use that total as your shared parking requirement.
21.000 Parking Requirements.
In any district, whenever a building is erected, converted, enlarged or the use of the building or premises is altered, off-street parking shall be provided as follows:

 

  USE PARKING SPACES REQUIRED
A. RESIDENTIAL:  
  One-Family, Two-Family and Multiple-Family Two (2) spaces per dwelling unit.
  Other Residential:  
  Congregate Housing One-half (1/2) space per dwelling unit.
  Fraternity/Sorority House Two (2) spaces per each three (3) occupants.
  Dormitories Two (2) spaces per each three (3) occupants.
  Nursing Home, Rest Home, Convalescent Facility One (1) for each four (4) beds, plus one (1) for each three (3) employees.
  Rental Properties (Ord. of 6-29-1998) Refer to Chapter 13
 
B. COMMERCIAL:  
  General One (1) space per two hundred (200) sq. ft. of retail or sales floor area, unless specifically noted.
  Special Commercial  
  Automobile Service (No convenience) Three (3) spaces per service stall, plus one (1) for each employee on major shift and two (2) stalls per pump.
  Banks One (1) space per two hundred fifty (250) sq. ft. of gross floor area.
  Convenience Store Without Gas Pumps - One (1) space per two hundred (200) sq. ft. of sales area.
    With Gas Pumps - One (1) space per two hundred (200) sq. ft. of retail sales area, plus two (2) spaces per each pump (parking adjacent to each pump may be used to satisfy retail parking requirement provided stall dimensions are conforming to Section 10.85, Subd. 14).
  Drive-Thru Facility Three (3) off-street stacking spaces per drive- thru lane.
  Furniture and Appliance One (1) space per four hundred (400) sq. ft. of gross sales floor area, and one (1) space per employee on major shift.
  Hotel or Motel One (1) space per unit, plus one (1) space per four (4) seats located in an accessory restaurant and/or lounge and one (1) space per each two (2) employees.
  Mini-Storage One (1) parking stall for every two (2) storage units. A parking space adjacent to a storage unit may be counted as one (1) parking space.
  Restaurant and eating and non-alcoholic drinking establishments One (1) space per each four (4) seats, one (1) space for each two (2) employees on major shift, one (1) space for each delivery vehicle, and one (1) space for customer food pick-up.
  Bar One parking space for every four (4) permitted occupants of the building as determined by the City Building Official and City Fire Marshall using the occupancy standards contained in Minnesota State Building and Plumbing Codes and Fire Code as adopted by the City of Mankato and as amended from time to time.
 
C. SERVICE BUSINESS USES:  
  Automobile Repair Three (3) spaces per service stall, plus one (1) for each employee on major shift.
  Beauty and Barber Shops Three (3) spaces per operator station.
  Carwash Three (3) off-street vehicle stacking spaces per wash stall and one (1) off-street parking space per employee on major shift.
  Private Club One (1) space per three (3) persons of the maximum capacity of the facility.
  Motor Vehicle, Manufactured Home, Bicycle or Motorcycle, and Manufactured Home Sales One (1) space per employee, one (1) space for each two hundred fifty (250) square feet of office area, and five (5) spaces per one thousand (1,000) sq. ft. of enclosed sales area.
 
D. OFFICES AND RELATED USES:  
  General Standards One (1) parking space per each two hundred fifty (250) sq. ft. of gross floor area.
  Other Office Uses  
  Medical and Dental Offices One (1) parking space per each two hundred (200) sq. ft. of gross floor area.
 
E. RECREATIONAL USES:  
  General Standards One (1) space per four (4) persons of the maximum occupancy load.
  Specific Recreational Uses  
  Auction House, Skating Rink, Health Clubs One (1) parking space for each four hundred (400) sq. ft. of gross floor area.
  Billiard Parlor, Dance Hall One (1) parking space per fifty (50) sq. ft. of gross floor area.
  Bowling Lanes Five (5) spaces per lane, plus fifty percent (50%) of the spaces otherwise required for any accessory use (e.g., bars, restaurants).
  Golf Courses Five (5) parking spaces per green, plus fifty percent (50%) of the spaces otherwise required for any accessory use (e.g., bars, restaurants).
  Indoor Movie Theater One (1) parking space for each four (4) seats.
  Stadium, Auditorium, Gymnasium, Community Center One (1) parking space for each four (4) persons of the maximum occupant load.
  Miniature Golf Course, Archery Range, Golf Driving Range Ten (10) spaces respectively.
 
F. INDUSTRIAL USES:  
  Manufacturing, Testing, Research or Lab Four (4) off-street parking spaces, plus one (1) space per employee on the major shift, or one (1) space for each three hundred (300) sq. ft. of floor area.
  Truck Terminals Three (3) off-street parking spaces, plus one (1) per employee on the largest working shift.
  Warehousing and Wholesale Business Three (3) off-street parking spaces, plus one (1) space per employee on the largest working shift.
 
G. INSTITUTIONAL:  
  Church and Other Religious Institutional One (1) space per four (4) seats of maximum seating capacity in largest congregation area.
  Hospital One (1) space per each four (4) beds, plus one (1) space per each three (3) employees on the largest shift.
 
H. LIBRARIES / MUSEUMS:  
  General Standards One (1) space per two hundred fifty (250) sq. ft. of floor area or one (1) space per four (4) seats at the maximum occupancy load, whichever is greater, plus one (1) space per employee on the largest work shift.
 
I. SCHOOLS:  
  Elementary and Junior High One (1) space per staff member, plus one (1) space per each two (2) classrooms.
  Senior High School One (1) space per staff member, plus one (1) space per five (5) students.
  Post Secondary One (1) space per staff member, plus one (1) space per two (2) students. In an instance where the school restricts the number of vehicles used by students and faculty, the parking requirement shall be based on the number of vehicles allowed under the restriction and other uses found on school property.
 
J. CLINICS:  
  General Standards One (1) space per each two hundred fifty (250) sq. ft. of floor area plus, one (1) space per staff member.

10.86 : Off-Street Loading.

1.000 Scope of Regulations.
The off-street loading provisions of this Chapter shall apply to all non-residential buildings and structures erected and all uses of land established after the effective date of this Ordinance.
2.000 Existing Parking Facilities.
Accessory off-street loading facilities in existence on the effective date of this Chapter shall not thereafter be reduced below the parking and loading requirements of this Chapter.
3.000 Voluntary Provision of Additional Parking Facilities.
Nothing in the Ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations of this Ordinance governing the location, design, and operation of such facilities are adhered to.
4.000 Location of Off-Street Loading Areas.
All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths that abut a Residential District or an intervening alley, separating a Residential District from a Business, Commercial, or Industrial District, shall be completely screened therefrom.

No permitted or required loading berth shall be located within thirty (30) feet of the nearest point of intersection of any two (2) streets. No loading berth shall be located in a required front yard. Any loading berth located in a required rear or side yard may be open to the sky.
5.000 Access of Off-Street Loading Areas.
Access of Off-Street Loading Areas. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movement, and shall be subject to Site Plan Review approval.
6.000 Utilization of Off-Street Loading Areas.
Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy off-street parking requirements.
7.000 Size of Off-Street Loading Areas.
Unless otherwise specified, a required off-street loading berth shall be at least ten (10) feet in width by at least thirty-five (35) feet in length for short berths, and twelve (12) feet in width by at least fifty (50) feet in length for long berths exclusive of aisle and maneuvering space. Maneuvering aprons of appropriate width and orientation shall be provided and will be subject to site plan review approval.
8.000 Vertical Clearance of Off-Street Loading Areas.
All loading areas shall have a vertical clearance of at least fourteen (14) feet.
9.000 Minimum Facilities Required for Off-Street Loading Areas.
Uses for which off-street loading facilities are required herein, but that are located in buildings of less floor area than the minimum prescribed for such required facilities, shall provide adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive, or open space on the same zoning lot.
10.000 Central or Joint Loading.
Central loading facilities may be substituted for loading berths on individual zoning lots, provided the following conditions are fulfilled:
    A. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
    B. Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the use of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.)
    C. No zoning lot served shall be more than five hundred (500) feet away from the central loading area.
11.000 General Off-Street Loading Provisions.
    A. Design of Loading Areas. All loading areas shall be oriented away from adjacent residential or other incompatible uses.
    B. Plan. The design of loading areas shall be subject to the approval of the site plan review in accordance with Section 10.90, and any additional standards established by the Zoning Administrator.
    C. Landscaping and Screening. Landscaping and screening shall be provided in accordance with the requirements of Section 10.88.
    D. Lighting. Where a parking area or parking lot is illuminated, fixed lighting shall be arranged to prevent direct glare beams onto any public property, including streets and any adjoining private property. All light fixtures shall incorporate a luminaire with a ninety (90) degree or less cut-off that prevents light from the luminaire to be projected above the elevation of the light fixture or beyond the zoning lot on which the lighting fixture is located. In no case shall illumination exceed one (1) foot candle at the property line.
    E. Signs. Accessory signs shall be permitted on loading areas in accordance with the provisions specified in the Section 10.87 of this Chapter.
    F. Loading Area Surface. Loading area surfaces shall be effectively drained and shall be hardsurfaced with concrete or asphalt.
12.000 Schedule of Off-Street Loading Requirements.
Off-street loading facilities for new developments shall be provided as specified below:
    SCHEDULE OF OFF-STREET LOADING REQUIREMENTS USE GROSS FLOOR AREA (Sq. Ft.) _ NO. OF BERTHS & SIZE
  • Auditoriums, Cultural, & Conference Facilities 10,000 - 20,000 One (1) short 20,001 - 100,000 One (1) short each additional 100,000 One (1) long
  • Freight Facilities 5,000 - 40,000 One (1) long 40,001 - 100,000 Two (2) long each additional 100,000 One (1) long
  • Hospitals, Universities, Colleges 10,000 - 300,000 One (1) short each additional 200,000 One (1) short
  • Hotels & Institutional 10,000 - 200,000 One (1) short each additional 100,000 One (1) short
  • Industrial & Manufacturing Uses 5,000 - 10,000 One (1) short 10,001 - 40,000 One (1) long 40,001 - 100,000 Two (2) long each additional 100,000 One (1) long
  • Office Uses 10,000 - 200,000 One (1) short each additional up to 500,000 100,000 One (1) short each additional 500,000 One (1) short each additional 200,000 One (1) long
  • Retail/Commercial 5,000 - 10,000 One (1) short 10,001 - 25,000 Two (2) short 25,001 - 60,000 Two (2) long 60,001 - 100,000 Three (3) long
  • Transportation Facilities (Air/Bus/Rail) each additional 10,000 - 40,000 One (1) short 40,001 - 100,000 One (1) long, One (1) short 100,000 One (1) long
  • Utilities & Communication Facilities 10,000 - 40,000 One (1) short 40,001 - 100,000 One (1) long, One (1) short each additional 100,000 One (1) long

Gross Floor Area refers to buildings or structures on premises. Berth (loading dock):
    Short - 10 ft. wide x 35 ft. deep
    Long - 12 ft. wide x 50 ft. deep

10.87 : Signs.

1.000 Intent.
The intent of this section is to provide for necessary visual communications and to preserve and promote a pleasant physical environment within the City by regulating the type, number, size, height, lighting, maintenance, and erection of sign structures.
2.000 Definitions

The following terms, as used in this section, shall have the meaning stated.

    A. Address Sign. A sign communicating the street address and/or the name of the occupant of a property.
    B. Automobile Service Station. Any building or premises primarily used for dispensing of gasoline or diesel fuel.
    C. Balloon. A flexible, nonporous, bag inflated with either air or helium that causes it to rise and float in the atmosphere.
    D. Banner. A temporary sign made of cloth, plastic, or vinyl materials.
    E. Bench Sign. A sign which is attached to a bench at a designated mass transit loading and unloading area.
    F. Canopy and Awning. Any projecting structure, moveable or stationary, that is attached to and supported by a building. Does not include canopies covering fuel dispensing islands at automobile service stations.
    G. Directional Sign. A sign with directional arrows or information on the location of a business or other use for the purpose of guiding vehicular and pedestrian traffic.
    H. Earth Tone Colors. Beige, tan, brown, gray, forest green, and burgundy. Black shrouding will be considered an earth tone color for monument signs.
    I. Electronic Message Sign. A sign whose message may be changed at intervals by electronic process or remote control and whose only movements is the periodic changing of information having a constant light level.
    J. Elevated Highway. A State or Federal Highway which is elevated by the use of fill or bridging at least five feet above the grade of adjacent properties.
    K. Facade. The face of a building from the lowest exposed point to the roof.
    L. Flashing Sign. Any illuminated sign that has artificial light or color which is not maintained at a constant light level intensity or color when such sign is in use.
    M. Franchise Architecture. Any franchise color schemes or other designs, symbols, or features intended to attract the attention of the viewing public and reinforce the corporate or distinct image of a given business.
    N. Ground/Pylon Sign. A freestanding sign, including the structure needed to support such sign.
    O. Joint Identification Sign. A sign which serves as common or collective identification for a group of businesses or uses operating on the same zoning lot (e.g., shopping center, office, complex, etc.). Such sign may name the individual businesses or uses in the development.
    P. Illuminated Sign. Any sign that is lighted by an exterior or interior artificial light source.
    Q. Lineal Frontage. That street frontage of a zoning lot designated by the street address for the main building.
    R. Lot, Through. A lot having front and rear lot lines abutting a public street. Alleys are not considered a public street for the purpose of this section.
    S. Low Profile Sign. Monument signs that are eight feet or less in height.
    T. Marquee, Awning and Canopy Signs. Any message or identification which is affixed to or part of a marquee, awning or canopy.
    U. Menu Sign. A sign incorporated into a drive-thru facility where products or services are offered directly to the occupant of the vehicle. A menu sign identifies only the products or services available at the drive-thru facility.
    V Metal Shroud. A piece of metal which is used to conceal and screen the support structure of a monument sign.
    W. Monument Sign. A freestanding sign in which the entire base of the sign structure is in contact with the ground, providing a solid and continuous background for the sign face that is the same width as the sign from the ground to the top of the sign. The base of the sign shall be constructed of a permanent material such as concrete block or stone.
    X. Monument Sign Area. The advertising area of a monument sign.
    Y. Multi-Business Center. A structure which contains one or more businesses.
    Z. Nonconforming Sign. A sign which lawfully existed at the time of the adoption of this section and does not conform to the requirements thereof.
    AA. Off-premises Sign. A sign advertising a business, commodity, service, or entertainment conducted, sold, or offered elsewhere other than upon the zoning lot where the sign is maintained.
    BB. On-premises Sign. A sign which advertises the business, commodity, service, or entertainment offered upon the same zoning lot on which the sign is located.
    CC. Parapet. A low, protective wall or railing along the edge of a roof, balcony or similar structure.
    DD. Permanent Sign. Any sign which is not temporary. Banners shall not be considered to be a permanent sign.
    EE. Portable Sign. A sign designed to be moveable from one location to another or not permanently attached to the ground or to any permanent structure.
    FF. Projecting Sign. A sign, other than a wall sign, which projects from and is supported by a building.
    GG. Public Alley. Any public right-of-way whose primary function is to furnish vehicular access to the side or rear of properties having their main frontage along a street.
    HH. Reader Board Sign. A sign intended to display a message through the use of manually changed letters, that is permanently attached to a ground/pylon sign or affixed to a wall of the principal building. All other such signs shall be deemed as temporary signs.
    II. Real Estate Sign. A sign advertising the sale, rental, or development of the premises upon which it stands, or directing attention to the opening or location of a new residential development.
    JJ. Redevelopment Construction of a new building on a zoning lot and/or a 50% expansion of an existing building floor area.
    KK. Roof Line. In structures with a flat roof, the top line of the coping or parapet; in structures with pitched roofs, the intersection of the outside wall with the roof.
    LL. Roof Sign. A sign affixed upon the roof of a building and located above the roof line.
    MM. Rotating Sign. Any sign which revolves, rotates or has any moving parts. NN. Searchlight. An apparatus containing a light source and a reflector for projecting a bright beam of approximately parallel rays of light.
    OO. Shared Internal Access. A driving aisle or lane that provides access to a public street for two or more businesses. The access should be dedicated in a plat or via an access easement.
    PP. Sign Setback. The required minimum horizontal distance between any part of a sign and the related front, side, or rear property lines.
    QQ. Sight Triangle. A triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection (as defined by Section 12.71 of the City Code).
    RR. Sign. Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person or persons when the same is displayed or placed out of doors in view of the general public, or inside of a building within three feet of a transparent window. For the purpose of enforcing this ordinance, the maximum allowed sign area shall include any portion of a building or accessory structure that displays franchise color schemes or other designs, symbols, or features intended to attract the attention of the viewing public and reinforce the corporate or distinct image of a given business.
    SS. Sign Height. The vertical distance measured from the average elevation of the finished ground grade within 10 feet of the sign to the highest point of said sign.
    TT. Skyline Logo. A type of roof sign consisting of a three-dimensional symbol, figure, or graphic located upon a building rooftop which may not contain any text or commercial advertising or display. An electronic of "dynamic" sign shall not be considered an eligible skyline logo.
    UU. Temporary Sign. Any sign, balloon, banner, blimp, flag, free standing sign, pennant, poster, reader board or advertising display which is intended to be displayed for a limited period of time. Signs other than temporary signs shall be considered permanent signs.
    VV. Wall Area. The face of a building from the lowest exposed point to the roof.
    WW. Wall Sign. A sign affixed to the exterior wall of a building.
3.000 Permit and Sign Plan Required.
    A. No sign shall be erected, re-erected, or altered unless a permit has been obtained, unless no permit is required pursuant to Subdivision 4. Application for a sign permit shall be made in writing on forms furnished by the Zoning Administrator. In addition, a sign plan must be submitted with each new sign that is erected in the City and shall include the following:
      1. The type of sign materials used.
      2. A scaled site plan which displays the size, number, and location of signs on the site and buildings.
      3. If the sign is being illuminated with external lighting, a lighting plan shall be submitted and shall conform to Section 10.89, Subdivision 4.
      4. If a pylon or ground/pylon sign is proposed, a structural footing detail shall be submitted as required by Subdivision 6 of this Section.
    B. The fee for a sign permit shall be $25 for the first 100 square feet or less, plus $5 for each additional 100 square feet or fraction thereof. A double fee shall be charged if a sign is erected without first obtaining a permit for such sign.
    C. No separate building permit shall be required, but the Building Inspector may require the submittal of plans or other pertinent information where such information is necessary to ensure compliance with the Building Code.
4.000 Exempted Signs - No Permit.
    A. The following signs need no permit, but shall conform with the standards of this section.
      1. Address signs for one-or two-family dwellings identifying the occupant or street address, provided that such signs are less than one square foot in area.
      2. Pedestrian, vehicular-traffic, and parking directional signs in parking lots, provided such signs are no more than eight square feet in area and six feet in height. For a zoning lot, a maximum of one such sign shall be permitted at each access/egress point of a development.
      3. Public signs, street signs, warning signs, railroad crossing signs, or signs of public service companies for the purpose of promoting safety.
      4. Signs denoting the architect, engineer, or contractor working upon a work site and real estate signs pertaining to the sale, development or rental of the property. Such signs shall be removed within 10 days after completion of construction or the sale, lease or development of 80% of the property. No more than three such signs shall be allowed at one time. Each sign shall not exceed the following size limitations:

      Project Area Residential Commercial/Industrial
      Under one acre 8 sq. ft. 32 sq ft.
      1.01 to 10 acres 64 sq. ft. 64 sq. ft.
      10.1 to 25 acres 150 sq. ft. 150 sq. ft.
      25.1 plus acres 300 sq. ft. 500 sq. ft.

      5. Any political sign pertinent to Minnesota Statute 211B.045. Such signs shall be located on private property and at least five feet from all property lines and shall not be located in the sight triangle.
      Other elections held at other times than a state general election are subject to the following restrictions:
        a. The maximum size of all signs shall be eight square feet.
        b. Such signs may be erected 60 days prior to the election until three days following the election.
        c. Such signs must be at least five feet away from all property lines and shall not be located in the sight triangle.
      6. Signs or posters attached or painted on the inside of a display window including illuminated signs, but not flashing signs. These signs shall be placed as not to obstruct or interfere with any window, doorway or fire escape. Such signs shall not exceed 50% of the window area or 32 square feet. Such signs shall be prohibited in residential districts.
      7. Emergency signs as required by any governmental agency.
      8. Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or noncombustible material.
      9. Home occupation signs, non-illuminated, attached to the wall of a dwelling, and not exceeding one square foot in area.
      10. Signs denoting employment opportunities within a said property. Such signs shall not exceed 32 square feet.
      11. Bench signs at designated mass transit loading and unloading areas. The total area of such signs shall not exceed 32 square feet.
      12. Signs which denote the location of an office, delivery or service area within a business, provided such signs are not greater than eight square feet.
      13. Signs which display a noncommercial message for a local festival or an activity sponsored by a non-profit group. Such signs may be displayed no more than two weeks per calendar year.
      14. Temporary garage and estate sale signs shall conform to the following:
        a. One such sign not exceeding eight square feet shall be allowed.
        b. All signs shall be located on private property where the sale is conducted setback five feet from all property lines and out of the sight triangle.
        c. Such signs may be erected for periods not exceeding three days and all signs shall be removed at the end of the sale. Not more than four such periods shall be allowed in any 12 month period.
5.000 Prohibited signs.
    A. The following signs are prohibited by this section:
      1. Signs that resemble any official marker erected by a government agency by reason of position, shape or color, which would interfere with the proper function of a traffic sign, signal or be misleading to vehicular traffic.
      2. Signs within a public right-of-way or easement, except for signs installed by governmental entities.
      3. Signs attached to rocks, trees, fences, or utility poles. Signs on fences denoting safety hazards will be allowed.
      4. Signs with rotating beam or flashing illumination.
      5. Signs advertising by letters, words or figures painted upon any sidewalk within the City.
      6. Advertising signs painted on any exterior building surface.
      7. Rotating signs.
      8. Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved for a period of 48 hours or more. At all times, vehicles containing advertising and/or signage shall not be parked along the property frontage.
      9. Roof signs, except for approved skyline logos in the Skyline Logo District.
      10. Temporary signs which advertise a business, product, or service which is not produced or conducted on the zoning lot upon which the sign is located.
      11. Signs which project over the public right-of-way except in the CBD-F and CBC-C districts.
6.000 General Requirements.
    A. Construction Standards.
      1. All signs shall be constructed and maintained in a manner where they will be safe to the general public. A sign shall be repainted whenever its paint begins to fade, chip or discolor and defective parts shall be replaced promptly.
      2. On-premises signs shall be removed from a zoning lot by the owner of such property within 30 days after termination of the use for which the sign was used.
      3. If the Zoning Administrator shall find that any sign is unsafe, a detriment to the public, not maintained, or constructed, erected or maintained in violation of the provisions of this section, the Zoning Administrator shall give written notice to the property owner thereof. If the property owner fails to comply with the standards of this section within 30 days after such notice, if no appeal is taken pursuant to the provisions of Section 10.91, Subdivision 4, or if no owner, occupant, or agent can be found, such sign may be removed or altered by the City. The cost of such City action shall be specially assessed against the subject property.
      4. All permanent signs shall be constructed to meet Uniform Building Code standards for wind resistance, dead loads, wind loads and other applicable sections of the Uniform Building Code. Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging nor a menace to persons or property. All applications for newly erected ground/pylon signs shall include a detailed footing plan which shall be approved and signed by a Registered Professional Engineer under the laws of the State of Minnesota. Before any pylon sign is erected, a footing inspection must be conducted by a City Building Inspector or the Zoning Administrator. Inspections must be scheduled at least four hours prior to the inspection.
      5. All parts of a ground/pylon sign shall be located at least five feet from any property line and shall not be located in the sight triangle which is defined by Section 12.71, Subdivision 8 of the City Code.
      6. Projecting signs and any support mechanism of the sign shall not project more than 72 inches out from the face of the building.
      7. All electrical wiring of signs shall comply with the provisions of the National Electric Code and other applicable sections of the State Building Code.
      8. No sign shall be erected as to obstruct access/egress to or from fire escapes, windows, doors or exits and fire lanes.
      9. The sign area is the net geometric area that encloses the display surface of the sign. Only one face of a multi-faced sign shall be considered in determining the display surface area.
      10. No pylon sign or ground sign shall be erected in such a manner that projects or will project over any building.
      11. Monument signs shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall either be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors unless otherwise provided for. A solid continuous background area should be provided from the ground to the top of the sign via a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.
      12. Signage must comply with the Urban Design Framework Manual.
    B. Auto Service Stations/Repair. Auto service stations shall conform to the following and all sign areas shall be applied to the maximum allowable sign area.
      1. Auto service stations shall be allowed a maximum of four signs.
      2. Signs on gas pump island canopies shall be included as one of the four total allowable signs. The area of signs and franchise architecture on canopies shall not exceed 10% of the canopy face.
      3. Signage on each gas pump island shall be limited to six square feet. Such signs will not be applied toward one of the four total allowable signs.
      4. Sign groupings above service bays shall be counted as one of the four total allowable signs.
    C. Drive-Thru Facilities.
      1. Establishments may have one canopy sign at the location of drive-thru facilities and automatic teller machines (ATM). The area of the sign shall not be counted towards the maximum allowable signage.
      2. One menu sign may be permitted per drive-thru service facility including banks, photography dropoffs, restaurants, or pharmacies. The sign may be free standing or attached to the building. The sign shall be located in such a way that the operator of a motor vehicle can read the menu sign from the vehicle and have a two-way communication with the service attendant. Menu signs shall be at least five feet from the property line, shall have only one face, shall not exceed 50 square feet in sign area, and shall not exceed eight feet in height. The area of such signs shall not be counted towards the maximum allowable signage.
    D. Search Lights.
      1. Revolving beacons and search lights may be permitted for special events in industrial and commercial properties. They shall be permitted no more than six days of a calendar year and shall be directed away from residential areas and public streets. A temporary sign permit (no fee) is required from the Zoning Administrator.
    E. Through Lots.
      1. Through lots shall be permitted two monument signs, one on each frontage. Each ground sign must oriented towards its respective frontage.
    F. Temporary Signs. Temporary use of portable or moveable signs shall be allowed in excess of and in addition to the sign limitations of this section.
      1. General Provisions.
        a. A permit is required prior to the placement or installation of temporary signage.
        b. A permit shall be obtained from the Zoning Administrator for each location and time period for placement of such signs. A fee may be established by Council resolution. A permit shall be valid for a period of 8 consecutive days and signage shall be removed upon expiration of the permit. 
        c. All requests for temporary signage shall be applied for by the property owner/manager.
        d. No business shall be allowed more than eight (8) such periods in any 12 month period. Multi-tenant business centers may have four (8) such periods in any 12 month period per business which has an exclusive exterior entrance. Businesses within multi-tenant centers may transfer unused permits to other businesses on the same subject property.
        e. Such signs shall be limited to 32 square feet in area.
        f. Such signs shall only be permitted in B-1, B-2, and B-3, M-1, and M-2 zoning districts. 
        g. Temporary ground signs shall be set back a minimum of five feet from property lines. Temporary signs shall not encroach into the required sight triangle as defined by Section 12.71, Subdivision 5.
        h. Temporary signs shall be located on the property which the advertising pertains to.
        i. All temporary signs must be maintained and not frayed, torn or tattered.
        j. Temporary signage shall adhere to the regulations set forth in Section 10.87, Subdivision 5.
      2. The following provisions shall apply for banners, balloons, flag, or posters.
        a. Any balloon, banner, flag, pennant, poster, or advertising display shall be located on a property for a period not to exceed 15 days. No more than two such signs will be allowed at any one time.
        b. No property shall be allowed more than four (4) such periods in any 12 month period.
      3. The following provisions shall apply for freestanding signs, reader boards and other temporary ground signs.
        a. Any freestanding sign, or reader board may be located on a property for continuous periods not to exceed 15 days. No more than one such sign will be allowed.
        b. No property shall be allowed more than four (4) such periods in any 12 month period.
    G. Franchise Architecture.
      1. Ten percent of the front building facade and 5% of side and rear sides of the building facades may contain contrasting colors, excluding signage. Contrasting colors shall be the colors not defined as earth tones colors. Earth tone colors include brown, gray, tan, beige, forest green, and burgundy.
      2. Franchise architecture must be distributed uniformly on the building and be architecturally harmonious with the building design.
7.000 Administration and Enforcement.
    A. This section shall be enforced pertinent to Section 10.96 of the Mankato City Code.
    B. The Zoning Administrator may grant administrative variances from the monument sign requirements for uses in existence on the effective date of this ordinance if a valid hardship is constituted by Section 10.94 of the Mankato City Code. The Zoning Administrator's decision may be appealed to the City Council.
8.000 Nonconforming Signs.
    A. Any sign legally existing on the effective date of this section which does not conform to the requirements set forth in this section shall be considered a nonconforming sign. Nonconforming signs shall comply with the following requirements:
      1. Normal maintenance of signs shall be allowed including the repair, replacement, and repainting of a sign face, lettering, or other sign materials, so long as the location, configuration, and sign area of the sign remain the same. Existing signs painted directly on an exterior building as an off-premise advertising sign, deemed by the Council as having historical or cultural value, may be restored to its original condition in repainting.
      2. Nonconforming ground/pylon signs or pylon sign structures may continue to be used for signage until the business operating the principal use of the property changes and sign changes are proposed or redevelopment of the property occurs, unless otherwise provided for in the B-1 and B-2 zoning districts.
9.000 Landscaping Requirements.
    A. The ground area around the base or the base of the sign of the monument and ground/pylon signs shall be landscaped with shrubs and ground cover equal to the area of the 50% of sign face. The landscaping shall consist of shrubs and ground covers that can withstand the environmental conditions of the site, will provide seasonal interest.
10.000 A. T, Transition Districts.
    1. One nameplate or professional identification of not more than one square foot in size identifying the owner or occupant.
10.000 B. R-1, R-2, R-3, and R-4 Dwelling Districts.
    1. One nameplate or professional identification sign or not more than one square foot in size in identifying the owner or occupant.
    2. Religious uses, fraternal or civic uses, public institutions, nonresidential, or residential development uses identification signs not exceeding 32 square feet in area. Such identification signs may be wall or ground mounted or combination thereof. A monument sign shall not exceed eight feet in height. There may be a second sign if the use abuts two or more public streets.
    3. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
10.000 C. R-T, Residential Transition District.
    1. One nameplate or professional identification of not more than one square foot in size identifying the owner or occupant.
10.000 D. OR, Office-Residential District.
The following shall apply to non-office uses:
    1. Religious uses, fraternal or civic uses, public institutions, or residential developments identification signs not exceeding 32 square feet in area. Such identification signs may be wall or monument mounted or combination thereof. There may be a second sign if the use abuts two or more public streets.
    2. The maximum height of a monument sign shall not exceed eight feet.
    3. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
The following shall apply to office uses:
    1. The total area of business or office signs shall not exceed the front lineal frontage of the lot.
    2. Maximum height of a monument sign shall not exceed eight feet.
    3. No more than two signs shall be permitted, not more than one being a monument sign.
    4. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
10.000 E. Institutional Overlay District.
    1. Religious uses and public institution identification signs not exceeding 32 square feet in area. Such identification signs may be wall or monument mounted or combination thereof. A monument sign shall not exceed eight feet in height. There may be a second sign if the use abuts two or more public streets.
    2. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
10.000 F. O, Office District.
    1. Wall or ground signs identifying the name or type of business.
    2. The total area of business or office signs shall not exceed the front lineal frontage of the lot.
    3. Maximum height of a monument sign shall not exceed eight feet.
    4. No more than two signs shall be permitted, not more than one being a monument sign.
    5. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
10.000 G. CBD-C and CBD-F, Central Business District-Core and Fringe.
    The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front lineal frontage of the lot.
    1. Monument Signs.
      a. Monument signs greater than 8 feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign either a combination of Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.
      b. Monument sign height may be 10% of the front lineal frontage of a lot with not less than 10 feet required or more than 15 feet permitted.
      c. No more than one monument sign shall be permitted per zoning lot except through lots.
      d. The square foot area of such sign shall not exceed the front lineal frontage of the zoning lot.
      e. The sign face shall occupy at least 50% of the monument sign.
      f. A landscaping area shall be provided around the base of the sign in accordance of Subdivision 9 of this section.
      g. Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of Subd. 9 of this section by 50%.
      h. Monument signs shall be set back a minimum of five feet from property lines.
      i. Multi-tenant business centers will be allowed to have one joint identification monument sign.
    2. Wall signs.
      a. Wall signs on any building shall not exceed 10% of the wall area used for retail purposes.
      b. One wall sign may be located on each wall of a building that faces and is parallel to a street, shared internal access easement, public alley, the main parking lot of the use or on the wall with the main building entrance.
      c. Multi-tenant business centers may have one wall sign per business which has an exclusive exterior entrance. A second wall sign may be allowed if a tenant has an additional exclusive exterior entrance on a second wall. All wall signs shall not exceed more than 10% of the wall area.
      d. Projecting signs, including canopy and awning signs, as well as wall signs, will be permitted within the CBD-C and CBD-F districts. Projecting signs and awnings shall have a minimum clearance of seven feet above a public sidewalk provided that the requirements of Section 6.16 of the City Code are met. Such signs shall not project more than six feet from the building. The entire awning shall be counted towards the maximum sign area if the awning is internally lit.
      e. Wall signs shall not project above the roof level.
10.000 H. B-1, Community Business District.
    The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front lineal frontage of the lot. 1. Monument Signs.
      a. Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with either a combination of Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.
      b. Monument sign height may be 10% of the front lineal frontage of a lot with not less than 10 feet required or more than 15 feet permitted.
      c. No more than one monument sign shall be permitted per zoning lot, except through lots.
      d. The square foot area of such signs shall not exceed the front lineal frontage of the zoning lot.
      e. The sign face shall occupy at least 50% of the monument sign.
      f. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
      g. Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of Subd. 9 of this section by 50%.
      h. Monument signs shall be set back a minimum of five feet from property lines.
      i. Multi-tenant business centers will be allowed to have one joint identification monument sign.
      j. Ground signs in existence on the effective date of the ordinance that are greater than eight feet in height shall conform to the following upon the occurrence of a change in the business operating the principal use and sign changes are proposed:
        1. The support of the sign shall provide a continuous background of at least 1/3 of the sign width, accomplished by a metal shroud or another approved means.
        2. The base of the signs must consist of a raised planting bed or planter made of brick, stone, landscaping masonry blocks.
        3. The sign shall conform to the height standards of this district.
      Upon the redevelopment of any property, the ground sign shall conform with monument sign requirements of this section.
      2. Wall signs.
        a. Total wall signage on any wall of any building shall not exceed 10% of the respective wall area.
        b. One wall sign per business for individual and multi-tenant centers may be located on each wall of a building that faces and is parallel to a street, shared internal access easement, public alley, the main parking lot of the use or on the wall with the main building entrance.
        c. Wall signs shall not project above the roof level. 
        d. Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way..
        e. Projecting signs, including canopy and awning signs, shall only be allowed in the following areas of the B-1, Community Business District: Properties located on both sides of North Riverfront Drive from Spring Street to Madison Avenue and both sides of Front Street from Liberty Street to Marshall Street (refer to Exhibit "A") provided such signs conform to the Urban Design Framework Manual. Projecting signs and  awnings shall have a minimum clearance of seven feet above a public sidewalk. Such signs shall not project more than six (6) feet from the building and the sign area of projecting signs shall not exceed 32 square feet. The entire canopy or awning shall be counted towards the maximum sign area if the awning is internally lit.  
10.000 I. B-2, General Business Districts.
The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front lineal frontage of the lot.
    1. Monument Signs.
      a. Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.
      b. Monument sign height may be 10% of the front lineal frontage of a lot with a maximum height not to exceed 15 feet.
      c. No more than one monument sign shall be permitted per zoning lot, except through lots.
      d. The square foot area of such signs shall not exceed the front lineal frontage of the zoning lot.
      e. The sign face shall occupy at least 50% of the monument sign.
      f. A landscaping area shall be provided around the base of the sign in accordance with Subd. 9 of this section.
      g. Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of Subdivision 9 of this section by 50%.
      h. Monument signs shall be set back a minimum of five feet from property lines.
      i. Multi-tenant business centers will be allowed to have one joint identification monument sign.
      j. Ground signs in existence on the effective date of the ordinance that are greater than eight feet in height shall conform to the following upon the occurrence of a change in the business operating the principal use and sign changes are proposed:
        1. The support of the sign shall provide a continuous background of at least 1/3 of the sign width, accomplished by a metal shroud or another approved means.
        2. The base of the signs must consist of a raised planting bed or planter made of brick, stone, landscaping masonry blocks.
        3. The sign shall conform to the height standards of this district.
      Upon the redevelopment of any property, the ground sign shall conform with monument sign requirements of this section.
      k. Properties abutting an elevated four lane highway may have a monument sign 20 feet in height.
    2. Wall signs
      a. Total wall signage on any wall of any building shall not exceed 10% of the respective wall area.
      b. One wall sign per business for individual and multi-tenant centers may be located on each wall of a building that faces and is parallel to a street, shared internal access easement, public alley, the main parking lot of the use or on the wall with the main building entrance.
      c. Wall signs shall not project above the roof level.
      d. Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way.
10.000 J. B-3 Highway Commercial Districts.
The maximum total signage area of all signs and franchise architecture should not exceed more than three times the front lineal frontage of the lot.
    1. Monument Signs.
      a. Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.
      b. Monument sign height may be a maximum of 20 feet.
      c. No more than one monument sign shall be permitted per zoning lot except through lots.
      d. The square foot area of such signs shall not exceed the front lineal frontage of the zoning lot.
      e. The sign face shall occupy at least 50% of the monument sign.
      f. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this section.
      g. Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of Subdivision 9 of this section by 50%.
      h. Monument signs shall be set back a minimum of five feet from property lines.
      i. Multi-tenant business centers will be allowed to have one joint identification monument sign.
    2. Pylon/Ground Signs.
      a. A zoning lot which has a front lineal frontage of greater than 500 feet may have a ground/pylon sign and a monument sign or two monument signs.
      b. Ground/pylon signs may not exceed more than 30 feet high. Pylon signs may exceed district height standards provided that the maximum height to the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four lane state or federal highway directly adjacent to such property on which the sign is positioned with a conditional use permit. Such signs shall apply towards the maximum number of monument/pylon signs permitted on the property.
      c. Ground/pylon signs shall be set back a minimum of five feet from property lines.
      d. The structural supports for such signs must be covered or concealed with pole covers.
    3. Wall signs.
      a. Total wall signage on any wall of any building shall not exceed 10% of the respective wall area.
      b. One wall sign per business for individual and multi-tenant centers may be located on each wall of a builidng that faces and is parallel to a street, shared internal access easement, public alley, the main parking lot of the use or on the wall with the main builidng entrance. 
      c. Wall signs shall not project above the roof level.
      d. Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way. 
10.000 K. PI, Planned Industrial District, M-1 Light Industrial, and M-2 Heavy Industrial Districts.
The maximum total signage area of all signs and franchise architecture should not exceed more than two times the front lineal frontage of the lot.
    1. Monument Signs.
      a. Monument signs greater than eight feet in height shall be constructed with the entire bottom of the sign structure in contact with the ground. The bottom two feet of such signs shall be Kasota Stone, precast concrete, brick, or landscaping masonry blocks that are earth tone colors. A solid continuous background area should be provided from the ground to the top of the sign with a combination of either Kasota Stone, precast concrete, brick, stone, landscaping blocks, or metal shroud which matches the appearance and color of the principal building.
      b. Monument signs may not exceed more than 15 feet.
      c. No more than one monument sign shall be permitted per zoning lot, except through lots.
      d. The square foot area of such signs shall not exceed the front lineal frontage of the zoning lot.
      e. The sign face shall occupy at least 50% of the monument sign area.
      f. A landscaping area shall be provided around the base of the sign in accordance with Subdivision 9 of this Section.
      g. Signs should exhibit a sense of continuity through the use of a uniform color of the metal surround. Monument signs should be required to be constructed of materials of either the same as the principal structure or appear the same. The use of Kasota Stone or matching precast concrete is encouraged within the composition of the sign and implementing such materials will reduce the landscaping requirements of Subd. 9 of this section by 50%.
      h. Monument signs shall be set back a minimum of five feet from property lines.
      i. Multi-tenant business centers will be allowed to have one joint identification monument sign.
    2. Wall signs.
      a. Total wall signage on any wall of any building shall not exceed 10% of the respective wall area.
      b. One wall sign per business for individual and multi-tenant centers may be located on each wall of a building that faces and is parallel to a street, shared internal access easement, public alley, the main parking lot of the use or on the wall with the main building entrance.
      c. Wall signs shall not project above the roof level.
      d. Wall signs shall not project in excess of 12 inches with the exception of canopies or awnings that do not overhang the public right-of-way.
11.000 Off-Premises Signs (Outdoor Advertising).
    A. Off-premises signs shall be permitted in the B-3, Highway Business; M-1, Light Industrial; and M-2, Heavy Industrial zoning districts located along designated state and federal highways provided that the standards in Letter C of this section are met.
    B. Existing off-premise signs located within the B-3, Highway Business, M-1 Light Industrial, and M-2, Heavy Industrial zoning districts may be moved or reconstructed pursuant to a conditional use permit and provided that the new sign would be located along the same right-of-way, is located within the continuous zoning district as the existing sign, and complies with Subpart C of this section.
    C. Off-premise signage shall meet the following standards:
      1. Shall be located on a platted lot and considered to be the principal use of the property.
      2. Shall be allowed only in areas adjacent to a state or federal highway.
      3. Shall not be allowed within 1,000 feet of the middle of intersecting right-of-ways of principal arterials as defined by Figure 10 of the adopted Mankato Transportation Plan and 300 feet from the middle of other intersecting roadways.
      4. Shall not exceed 700 square feet in total area. Maximum allowable signage shall be computed on the basis of one side of any double-faced sign.
      5. Shall not exceed 30 feet in height. Sign height shall be measured from ground grade elevation to the highest point of said sign. Signs abutting an elevated highway may exceed the maximum height requirement provided that the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four lane highway directly adjacent to such property on which the sign is positioned.
      6. Shall not be within 200 feet of a residential zoning district, park, playground, school, or building used for religious purposes.
      7. Signs on the same side of the highway shall have a minimum separation of 1,500 lineal feet. This may be reduced to 1,000 feet if an existing nonconforming off-premise sign located within the City is removed.
      8. Shall be set back from all street right-of-way lines a minimum of 20 feet, except as provided in number 9 below.
      9. When a sign is to be located along a designated highway, where such sign is not adjacent to a front property line, there shall be a minimum setback of five feet.
      10. The area around a ground/pylon-mounted off-premise sign shall be appropriately landscaped in accordance with Section 10 of this ordinance.
      11. All ground/pylon support structures shall be monopole design and shall meet appropriate building codes pertaining to the general provisions of this section. The exposed upright or superstructure shall be painted a neutral color.
      12. Lighting for such signs shall comply with Section 10.89, Subdivision 4 of the Mankato City Code.
      13. Off-premises signs located on a roof shall not be permitted.
      14. Shall not be allowed within1,320 feet of areas designated as Minnesota River Valley Scenic Byway as designated by the Federal highway Administration.
    D. Off-Premise Signs for Neighboring Businesses
    Off-premise ground signs for businesses that are adjacent to one another may be permissible with the following conditions:
      1. The sign height of a ground sign may be 125% of the maximum sign height for the zoning district.
      2. The sign area for the signs may be the cumulative area of the allowable signage for all businesses.
      3. The design and setbacks of such signs must conform with the other provisions of the ordinance.
      4. The sign will count as the ground sign for each property.
12.000 Downtown Design Review District.
    A. Any erection of a sign in the Downtown Design Review District shall comply with guidelines in Sections 10.51 to 10.60 and with the standards established by the City Council in the Urban Design Framework Manual and a sign plan shall be submitted denoting the location, size, number, and color of proposed signs.
    B. The design, color, and materials of signage shall be consistent with the building, its surroundings and the historical character of the area.
    C. No sign shall obscure the architectural features of the building it is attached to.
    D. Pylon signs are not permitted in the Downtown Design Review District.
13.000 Skyline Logo District
 1. Purpose. The Skyline Logo District is intended to allow for limited installation of high-quality, aesthetically-appealing skyline logos upon the rooftop of buildings within the District. The City Council finds that the area's visibility, public and private assets, and economic importance gives rise to the need for a special approach to allow for unique rooftop signage in this area. Skyline Logo signage shall achieve the following:
     A. Complement the architectural elements of the buildings upon which they are located.
     B. Promote the goals of adopted plans and strategies for redevelopment and livability within the District.
     C. Protect the defining character of historically-significant buildings, as per the standards of Mankato City Code, Section 10.82, Section 19, "Historic Preservation".
2. District Established. The Skyling Logo District shall include the areas as-noted upon the Skyling Logo District map.
3. Conditional Use Permit Required. Any Skyline Logo shall require review and approval of a Conditional Use Permit by the City Council prior to fabrication or installation. An application for Conditional Use Permit for Skyline Logo shall include the following information and materials for review:
     A. Narrative describing proposed Skyline Logo and its connection to the building or business, and how it will enhance the community and livability of the District. 
     B. Proposed sign design, materials, dimensions, layout, and graphics.
     C. Proposed illumination of lighting, if any.
     D. Structural engineering details, including system for anchoring to rooftop, prepared and signed by a registered professional engineer.
     E. Plan denoting location upon building rooftop.
     F. Rendering of proposed sign as visible from the highest, lowest, and average elevation points within 1/4 mile visible from a public roadway or sidewalk.
     G. For properties described as "Heritage Preservation Landmark" by the City of Mankato Heritage Preservation Commission, a statement of review and approval of the Heritage Preservation Commission.
4. Eligible Properties. Applicants for Skyline Logo signage shall meet the following requirements for eligibility:
     A. The building which the Skyline Logo is to be located upon shall have a minimum height of three (3) stories, as measured from grade, or have height and location sufficient for exposure and sightlines to be visible per the review of the Planning Commission.
     B. The building is not within 200 feet of another building which has an approved Skyline Logo, unless it is determined by the Planning Agency and City Council that a reduced spacing complies with the purpose and intent of this ordinance and adopted plans of the City of Mankato.
     C. If the building has been designated as a "Heritage Preservation Landmark" by the City of Mankato Heritage Preservation Commission, per the standards of City Code, Section 10.82, Section 19, the applicant must have approval of the Heritage Preservation Commission to pursue the proposed Skyline Logo.
5. Design Criteria. Skyline Logos shall adhere to the following design criteria:
     A. Skyline Logos may only be located upon a building rooftop and shall be permanently affixed to the roof.
     B. Only three-dimensional symbol graphics, or figures may be allowed. Panel or box signs and text or commercial advertising or display are prohibited. 
     C. Any illumination must be constant and may not flash.
     D. Electronic or "dynamic" message displays or panels are prohibited. 
     E. The Skyline Logo shall comply with Section 10.89, Subdivision 3, relating to Glare and Section 10.89, Subdivision 4, A(5) relating to maximum illumination at the property line. 
6. Size and Location. Skyline Logos shall adhere to the following size and location criteria:
     A. Skyline Logos may have a maximum square footage of 25 percent of the average of the wall area of exterior walls adjacent to public streets or alleys.
     B. Skyline Logos and associated structural support elements may not block or otherwise impede necessary roof access points.

10.88 : Landscaping and Screening.

1.000 General Landscaping and Maintenance Requirements.
All undeveloped lots and parcels shall be mowed and kept free of accumulation of garbage, trash, refuse, debris, and other unsightly or nuisance creating materials until developed. Except for accessory uses expressly permitted to be located in required yards, all yards and open spaces between and about structures and off-street parking lots and loading areas shall be landscaped and kept free from accumulations of garbage, trash, refuse, debris, and other unsightly or nuisance creating materials. All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of weeds and debris.

All planting material shall be of good quality, of species normally grown in Minnesota and capable of withstanding the extremes of individual site microclimates. All specifications for measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock, published by the American Association of Nurserymen.

Landscaping and screening required by this Section shall be interrupted only by required access drives and sidewalks. All landscaping and screening required by this Section shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access and as not to interfere with, or be damaged by, work within any public or utility easement unless the Zoning Administrator shall determine that no other location is reasonably feasible.
2.000 Applicability.
A landscaping plan, and the implementation and maintenance of such plan, shall be required for all uses, except for one- and two-family dwellings.
3.000 Landscape Plans.

Wherever the submission and approval of a landscape plan is required by this Chapter, the landscape plan and its maintenance shall be part of the Certificate of Occupancy.

 

No Certificate of Occupancy shall be issued without approval of a landscape plan. Failure to implement the approved landscape plan within six (6) months of the issuance of a Certificate of Occupancy shall be cause for revocation of the Certificate of Occupancy pursuant to Section 10.95.
 

    A. Content of Landscape Plan. All landscape plans submitted for approval shall contain or have attached thereto the following information:
      1. The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-ways, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the Zoning Administrator.
      2. The location, quantity, size and name, both botanical and common names, of all proposed planting materials.
      3. The location of existing buildings, structures, and plant materials on adjacent property within one hundred (100) feet of the site.
      4. Existing and proposed grading of the site, including proposed berming, indicating contours, at one (1) foot intervals.
      5. Specification of the type and boundaries of all proposed ground cover.
      6. Elevations of all fences proposed for location on the site.
      7. Irrigation plan.
      8. Elevations, cross-sections and other details as determined necessary by the Zoning Administrator.
    B. Design Criteria. Landscaping plans described above shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria.
      1. Scale and Nature of Landscaping Material. The scale and nature of landscaping materials should be appropriate to the size of the structures. Large scaled buildings, for example, should generally be complemented by larger scaled plants.
      Landscaping of larger areas, such as required yards, should be accomplished by both horizontal landscaping elements, such as planting beds, and vertical landscaping elements, such as trees, berms, and fences.
      2. Selection of Plant Material. Plant material should be selected for its form, texture, color, and concern for its ultimate growth. The use of Silver Maples, Box Elders, Russian Olives, Tree of Heaven, Mulberry, Poplars, and other weak wooded species should be avoided.
      3. Evergreens. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public right-of-ways or property zoned for residential use. All evergreens shall have a minimum height of six (6) feet. (ord. of 9-10-2012)
      4. Shade Trees. All shade trees shall have a minimum trunk size at the time of installation of two and one-half (2 1/2) inches in diameter, as measured by a caliper six (6) inches above the established ground level.
      5. Softening of Walls and Fences. Plant material should be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.
      6. Planting Bed. Planting beds should be mulched with bark chips, rock mulch, feather rocks, or similar materials.
      7. Detention, Retention, Basins, and Ponds. Detention/retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials.
      8. Watering Plant Material. A permanent means of watering plant material should be provided. Installation of an underground irrigation system is recommended.
      9. Energy Conservation.
        a. Deciduous trees should be placed on the south and west sides of buildings and parking lots to provide shade from the summer sun.
        b. Evergreens and other similar plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.
      10. Preservation of Existing Plant Material. Existing plant material should, wherever practical as determined by the Zoning Administrator, be incorporated into the landscape treatment of a site.
      11. Berming. Earthen berms, and existing topography should be, whenever determined practical by the Zoning Administrator, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening from adjacent residential uses. Berms should be designed to allow for maintenance, mowing, and adequate drainage. The elevation and horizontal ground location of the berm should be varied in order to mimic a natural topographical feature.
      12. Fencing and Walls. Fencing and walls shall conform to the restrictions of this Section. When fencing is used to screen uses, the outside base of the fence or wall shall be landscaped.
4.000 Transitional Yards.
Except as expressly provided elsewhere in this Chapter, every transitional yard shall extend along the entire length of the lot line and shall be designed and maintained to function as a buffer area. Every required transitional yard shall consist of a combination of ground cover, shade trees, evergreen trees and shrubs, and appropriate screening devices such as decorative walls, fences, or berms. Areas not planted with shrubs, trees, or other appropriate screening devices shall be maintained with living ground cover.
5.000 Perimeter Landscaping - Off-Street Parking Lots.
Every off-street parking lot containing four (4) or more parking stalls shall be buffered and screened by perimeter landscaping consisting of an area at least three (3) feet or greater in width as required in the yard and setback standards of each zoning district. The required perimeter landscaping area shall be measured from the back curb and excludes any parking space overhang area. The perimeter landscaping shall consist of a combination of ground cover, shade trees or evergreen trees, shrubs, and appropriate screening devices such as decorative walls, fences, or berms. Shade trees shall be provided at a rate of one (1) tree for every fifty (50) linear feet of perimeter length or fraction thereof. Evergreen trees shall be provided at a rate of one (1) tree and shrub for every twenty-five (25) linear feet of perimeter length of fraction thereof. Evergreen trees shall be maintained at a height of not less than three (3) feet. Subject to approval by the Zoning Administrator, ornamental trees and shrubs may be substituted for shade trees and evergreens. Areas not planted with shrubs, trees, or other appropriate screening devices shall be maintained with living ground cover, or planting beds with bark or rock mulch.

Off-street parking areas for more than four (4) vehicles shall be effectively screened by a fence or densely planted hedge on each side of a parking area that adjoins or faces any property located in a Residential District, unless such property is developed with a non-residential use. Such fence or hedge shall be not less than four (4) feet nor more than eight (8) feet in height, nor be less than eighty percent (80%) opaque. If plant material is used to satisfy this screening requirement, opacity shall be effective within one (1) year of the construction of the parking lot. Such screen shall be maintained in a good and sightly condition.
6.000 Interior Landscaping - Off-Street Parking Lots.
Every off-street parking lot providing fifty (50) spaces or more shall provide interior landscaping. Interior landscaping shall consist of planting islands with a minimum area of sixty (60) square feet and a minimum width of six (6) feet, measured from the back of curb to back of curb. The interior landscaping shall constitute at least five percent (5%) of the area of the parking lot. Area devoted to perimeter landscaping shall not be considered as any part of interior landscaping. Where more than one (1) planting island is provided, such islands shall be appropriately spaced throughout the parking lot.

As part of site plan review, pursuant to Section 10.90, interior landscaping may be required for off-street parking lots containing less than fifty (50) spaces.

7.000 Off-Street Loading Areas.
Every off-street loading area visible from any lot zoned for residential use or visible from any public street, shall be screened on all sides visible from such lot or street by an opaque fence, wall, or densely planted evergreen hedge of not less than six (6) feet in height, except as necessary for access.
8.000 Refuse Containers.
All refuse and recyclable material containers, except those containers used by a one-family dwelling in connection with the municipal refuse collection service or those containers used on a temporary basis for a construction or disposal activity, shall be fully enclosed by a gated opaque fence or wall of a sufficient height to completely screen such containers from view by all adjoining properties and all streets. The fence or wall shall have an exterior finish that is similar to the material found on the exterior walls of the main building on the property or other approved material as determined by the Zoning Administrator. The outside base of the wall or fence shall be landscaped if the wall or fence fronts on a public street. No refuse or recyclable material containers shall be located between any front or corner side yard.
9.000 Antennas and Support Structures.
Ground-mounted antennas and antenna support structures shall be buffered and screened by a fence and a densely planted evergreen hedge of not less than six (6) feet in height along with any other landscaping materials as may be needed. Such screening shall be provided between any such ground-mounted antennas and antenna support structure and each lot line of the property on which such antenna or antenna support structure is located so as to provide the maximum reasonably achievable screening of such antenna and antenna support structure from view by adjacent properties and public or private streets.
10.000 Rooftop Mechanical Equipment.
Except for roof mounted antennas, all mechanical equipment located on the roof of any building constructed after the effective date of this Chapter and exceeding six (6) feet in height shall be completely screened to the full height of such equipment by a parapet wall or other screening structure constructed of the same or similar materials as the principal building facade.
11.000 Fences.
No fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained, or repaired in any yard unless it shall first meet the requirements of this Section.
    A. Construction.
      1. Prohibited Material. No fence or wall shall be constructed of any electrically charged element or barbed wire, except that in the Industrial Districts barbed wire may be used above a height of six and one-half (61/2) feet when incorporated with a permitted fence or wall.
      2. Approved Material. All fences in residential districts shall be constructed of stone, brick, finished wood, or chain link. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets.
      3. Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence or wall shall be repaired or replaced immediately.
    B. Height.
      1. Side and Rear Yards. No fence or wall located in a side or rear yard shall be of a height exceeding eight (8) feet, measured from its top edge to the ground at any point.
      2. Front Yards. No fence or wall located in a front yard shall be of a height exceeding four (4) feet, measured from its top edge to the ground at any point. However, in the Industrial District, chain link security fencing may be installed at a height greater than four (4) feet provided such fencing shall not exceed eight (8) feet.
    C. Setbacks.
      1. A fence may be located adjacent to, but not on, a property line.
      2. No fence, wall, hedge, or other screening device shall be permitted to encroach on any public right-of-way or be in violation of Section 12.71 of the Mankato Municipal Code.

10.89 : Performance Standards.

1.000 General Requirement.
All uses shall comply with the performance standards established in this Section unless any federal, state, county, or city law, ordinance, or regulation establishes a more restrictive standard, in which case the more restrictive standard shall apply.
2.000 Noise.
Any activity or operation of any use producing noise, other than ordinary vehicle noise, shall be conducted so that no noise from the activity shall be deemed a public nuisance, as declared by the City Council.
3.000 Glare and Heat.
Any activity or operation of any use producing glare or heat shall be conducted so that no glare or heat from the activity or operation shall be detectable at any point off the zoning lot on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.
4.000 Purpose and Intent.
1. The purpose of this lighting ordinance is to create standards for outdoor lighting which will provide for nighttime safety, security and utility while reducing light pollution, light trespass, and conserving energy.

It is the intent of this ordinance to require appropriate lighting levels, efficient (watts to lumens) lighting sources, full cut-off lighting, and to minimize/discourage lighting glare, lighting pollution and lighting trespass.
4.000 Definitions.
For the purposes of applying the regulations of this section, the following definitions shall apply:
    1. Cutoff: The point at which all light rays emitted by a lamp, light source or luminaire is completely eliminated (cutoff) at a specific angle above the ground.
    2. Cutoff Angle: The maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line perpendicular to the ground from the light source.
    3. Full Cutoff-Type Luminaire: A luminaire constructed or shielded to direct all light at a cutoff angle of less than 90 degrees. Also, referred to as a Horizon Limited Luminaire.
    4. Foot-candle: A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one-candle.
    5. Glare: Direct light emitted from a light source which causes eye discomfort.
    6. Light Pollution: The shining of light produced by a luminaire above the height of the luminaire and into the sky.
    7. Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
    8. Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
    9. Lighting Districts: The districts as depicted on the Official District Lighting Map. The Official Lighting District Map shall be considered part of this ordinance.
4.000 General Standards.
In addition to the regulations specific to each lighting district outlined in Subpart 7 of this Subdivision, the following provisions shall apply:
    A. General Standards for Lighting on Private Property:
      1) No flashing light shall be permitted.
      2) Light for outdoor advertising shall be designed to function as Full Cutoff Luminaires. Lighting intended for outdoor advertising which projects light into the sky shall be prohibited. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary signs contained in Section 10.87.
      3) Light sources or luminaires shall not be located within transitional yards except along pedestrian walkways.
      4) All luminaires located on commercial, industrial, or institutional property shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing a point five feet above grade on the lot line abutting a transitional yard or at any location on residentially zoned property.
      5) All luminaires located on private property shall be designed or positioned so that the maximum illumination at the property line shall not exceed one-half (1/2) foot candle.
      6) The use of exterior lighting for nonresidential uses shall observe the same hours of operation as the use itself, except that a minimum level of lighting for security purposes may be left on beyond the normal hours of operation.
      7) Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing at the property line at a point five feet above grade.
      8) Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are exempted from the general standards of this section. Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto adjacent residential properties. The maximum permitted illumination at the property line shall not exceed two foot candles.
      9) As part of the approval of public street or sidewalk projects, the City Council may vary from the requirements of this Section.
      10) The illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The City Council may require conformance with the illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America as part of the review and approval of a private or public development project.
    B. Method of Measurement. Illumination levels shall be measured in foot candles with a meter sensor in a horizontal position at an approximate height of three feet above grade. Maximum illumination readings are to be taken directly beneath the luminaire. Readings should normally be taken after a cumulative initial lamp burn in period of at least 200 hours.
    To determine minimum permitted illumination, illumination levels shall be measured in foot candles with a meter sensor in a horizontal position at an approximate height of three feet above grade. The point at which readings shall be taken is dependent upon the area classification and fixture arrangement as follows:
      1. Opposite Spaced Street Lighting. (Requires two readings) Readings should be taken as described above 1.) At the center of the street, equidistant between two sets of fixtures, and 2.) at the curbline equidistant between two fixtures on the same side of the street.
      2. Public Sidewalks. (Sharing a lighting system with the street) Readings should be taken as described above at the farthest "house" side of the pavement, equidistant between two fixtures.
      3. Public Sidewalks. (Separate lighting system from street lighting) Readings should be taken as described above in the center of the pavement, equidistant between two fixtures.
      4. Parking Areas. (Perimeter lit) Readings should be taken as described above equidistant between two fixtures at the perimeter, as well as at the location of the property farthest from the fixtures.
      5. Parking Areas. (Centrally lit or combination of central/perimeter lighting) Readings should be taken as described above in the center of large parking areas, equidistant between all of the fixtures illuminating the area. If perimeter lighting is also used, take readings as described in Parking Areas, Perimeter lit.
    In instances where only one fixture is located on a property, the minimum illumination level shall be measured in foot candles with a meter sensor in a horizontal position located approximately three feet above grade. Readings should be taken at the location on the property farthest from the fixture.
4.000 Exterior Lighting.
4.000 Exemptions.
The following are exempt from the standards contained in this ordinance:
    1) Decorative seasonal lighting with a power rating of less than or equal to 75 watts.
    2) Lighting for one-and two family dwellings, provided that the lamps have a power rating of less than or equal to 75 watts, a cutoff component is incorporated in the design of the luminaire, and the lighting level at the property line shall not exceed the maximum level contained in Subpart 3. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on an off by a motion sensor and the lamp is not on for a continuous period exceeding ten minutes.
    3) Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all vehicular luminaires.
    4) Hazard warning luminaires which are required by federal regulatory agencies.
    5) Lighting utilized for the purpose of illuminating the flag of the United States of America; provided each luminaire shall be limited to 150 watts with a maximum number of two luminaires. The light fixtures shall incorporate a cutoff component in the design of the luminaire, and the light source shall be directed at the flag and arranged to minimize the amount of light pollution, trespass, or glare on to adjacent properties and public streets. This exemption shall apply only to flags displayed on flagpoles.
4.000 Exterior Lighting Plan Required.
A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with use of greater intensity than a one or two-family dwelling. The lighting plan shall be submitted with the site plan information required in Section 10.90, Subd. 6 of the Mankato city Code.

The plan shall be prepared by a certified engineer, architect, landscape architect or lighting engineer or designer. The plan shall identify the location, size, type of luminaire, height of luminaire, a photometric plan of the site, and fixture data sheets. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirements of this subdivision. Once the plan is approved, the exterior lighting of the property shall conform to the plan.
5.000 Nonconforming Luminaires.
Exterior lighting luminaires in existence on the effective date of this chapter shall be exempt from the standards of this chapter and shall be considered legally nonconforming. Such fixtures may be repaired and maintained. However, of any legal nonconforming luminaire is moved or damaged by any means to an extent that its total replacement is necessary, the luminaire, or replacement, shall comply with this subdivision.

Exterior lighting luminaires existing on the effective date of this ordinance which are located on private commercially zoned property and are found to direct light or glare to private property located in a residential zoning district may be declared a public nuisance if the level of illumination on private property located in the residential zoning district, which is caused by the luminaire, is equal to or greater than 1/2 foot candle. Such fixtures shall be altered to reduce the level of illumination in the residential zoning district to less than 1/2 foot candle within six months of receiving a written notice of violation from the Zoning Administrator.
5.000 District Standards.
The zones referred to in the standards are depicted on the Official Lighting Map, as adopted as part of this Subdivision:
    A. Downtown Lighting District. Luminaires located in the Downtown Lighting District shall have a design that allows not more than 10 percent of the light from the luminaire to be projected above the fixture. Luminaires shall be designed to provide adequate pedestrian illumination levels as outlined in Lighting Handbook, Illuminating Engineering Society of North America. The appearance of luminaires shall be complementary and compatible with significant architectural features or themes found in the Downtown Lighting District.
    B. General Lighting District. Luminaires located in the General Lighting District (GLD) shall be designed to function as full cutoff luminaires and prevent light from the luminaire to be projected into the sky or across zoning lot lines.
    Exceptions to the full cutoff requirement of this district may be approved by the City Council as pat of the review and approval of an Institutional Overlay District, planned unit development, or street improvement. Standards for considering an exception include all of the following:
      1. The proposed development or district is characterized by a high degree of pedestrian traffic.
      2. The purpose and design of the luminaire are to provide adequate pedestrian illumination levels as outlined in Lighting Handbook, Illuminating Engineering Society of North America.
      3. The purpose of the luminaire's design is to be compatible with significant architectural features or themes associated with the development or planning area.
      4. No full cutoff of luminaire is available which is architecturally compatible with the development and provides adequate illumination levels for pedestrian traffic.
      5. The design of the fixture incorporates a cutoff component which allows a minimal amount of light emitted from the luminaire to be projected above the height of the luminaire.
      6. The luminaire shall comply with all other requirements of this Section.
(Ord. of 8-25-97, Subd. 4)
5.000 Dust and Air Pollution.
    A. Dust. Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, roads, bulk materials, conveying equipment and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.
    B. Fugitive Particulate Matter. No person shall cause or allow the emission or movement of fugitive particulate matter across the lot lines of a zoning lot. This requirement shall not apply when the wind speed is greater than twenty-five (25) miles per hour.
6.000 Electromagnetic Interference.
Electromagnetic interference from any operations of any use in any district shall not adversely affect the operation of any equipment located off the zoning lot on which such interference originates.
7.000 Odors.
The regulation of odors shall conform to State Law.
8.000 Storage.
Except as specifically permitted by this Chapter, all raw materials, supplies, finished or partially finished products, and equipment shall be stored within an enclosed building, unless said items are used in connection with an approved construction activity.
9.000 Compliance.
In order to assure compliance with the performance standards set forth above, the Zoning Administrator may require an owner of any permitted or allowed use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigations and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organization as may be selected by the Zoning Administrator. The cost incurred in having such investigations or tests conducted shall be the responsibility of the owner or operator.

10.90 : Site Plan Review.

1.000 Authority.
Site plan review shall be required before Building Permits or Certificates of Occupancy may be issued. The Planning Director and Zoning Administrator shall have the authority to approve site plans upon consideration of all comments received from City departments, and may waive the requirements for site plan review for additions to existing buildings, structures, or uses, if, in the Planning Director's and Zoning Administrator's opinion, such addition does not substantially affect the proposed development of adjacent properties.
2.000 Purpose.
The intent of these regulations is to promote the safe and efficient use of land, to contribute to an orderly and harmonious appearance in the City and to ensure compliance with the City Code. The site plan review process is intended to help ensure that newly developed properties and redeveloped properties are compatible with adjacent development and that traffic, public safety, overcrowding, and environmental problems are minimized to the greatest extent possible.

Site plan review shall include, but shall not be limited to, the following aspects of development:
    A. A project's compatibility with its environment and with other existing land uses and buildings in the surrounding area.
    B. The quantity, quality, utility, size, and type of a project's required open space and proposed landscaping improvements.
    C. The ability of a project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians.
    D. The quantity, quality, utility, size, and type of a project's required community facilities.
    E. The location and adequacy of a project's provision for drainage and utilities.
    F. Security, fire protection, and life/safety issues.
3.000 Scope of Application.
    A. Principal Uses. Site plan review approval shall be required as a condition to receiving a Building Permit for all permitted uses and conditional uses. Site plan review and approval shall not be required for one- and two-family dwellings, unless the establishment of the dwelling is subject to a conditional use, variance, environmental review, or a planned unit development.
    B. Accessory Uses. Site plan review shall be required for accessory uses and structures, but such uses may be reviewed in conjunction with the review of principal structures which such accessory structures are shown on the site plan.
    C. Additional Parking. Where a change of use or an increase in density of an existing structure requires additional parking, a site plan and landscape plan shall be submitted for review to insure that the change of use can be accomplished within the purpose and intent of this Chapter, except when such requirement is waived by the Zoning Administrator.
4.000 Scope of Modifications Authorized.
The authority of the Planning Director and Zoning Administrator through the site plan review process to require modification of a proposed site development shall be limited to the following elements in order to achieve the following objectives:
    A. Traffic and Parking.
      1. Minimizing dangerous traffic movements.
      2. Promoting the smooth and efficient flow of traffic in accordance with standards in the Institute of Traffic Engineers' Transportation and Traffic Engineering Handbook, and other local sources of authority as adopted by resolution.
      3. Optimizing the efficient use of property access and parking facilities through provision and requirement for adequate interior circulation, off-street parking stalls, turning lanes on the public right-of-way necessary to serve the development, and mass transit access.
    B. Site Layout.
      1. Promoting compatibility with adjacent and nearby properties.
      2. Preserving and protecting valuable natural features and amenities to the greatest extent practical.
      3. Promoting the efficient provision of public services.
    C. Environmental Protection.
      1. Preserving existing healthy and long-lived trees whenever possible.
      2. Designing drainage facilities to promote the use and conservation of natural watercourse and patterns of drainage.
      3. Minimizing alterations to existing topography in environmentally sensitive areas, as defined in this Chapter and the City Code.
    D. Landscaping.
      1. Promoting the use of plant material compatible with the climate of the region and micro-climate conditions on the site.
      2. Ensuring that plant material can be maintained for long-term health and continued growth.
      3. Ensuring that the arrangement of required landscaping produces the desired visual effect.
    E. Signage.
      1. Ensuring that the location, size, and orientation of signage does not impair the visibility of or distract motorists.
      2. Ensuring that the location, size, and orientation of signage minimize obstructions and hazards to pedestrians.
    F. Public Safety.
      1. Ensuring that adequate and unrestricted access is provided for fire and emergency vehicles.
      2. Ensuring that adequate fire hydrants are provided on the premises and that access to the fire hydrants is not restricted.
      3. Ensuring that adequate safety and security lighting is provided.
      4. Ensuring that life safety issues have been adequately addressed.
    G. General Conformance. The site plan review process shall also ensure that the proposed site development shall conform to all applicable requirements of this Chapter and other applicable ordinances and regulations of the City of Mankato.
5.000 Site Plan Review Committee.
The Planning Director shall be assisted in conducting site plan reviews by the Site Plan Review Committee which shall consist of a designated representative from each of the City departments or divisions as appointed by the City Manager. In addition to conducting site plan reviews, the committee will review any other proposals as deemed necessary by the City Manager. The Zoning Administrator shall serve as the Secretary of the Site Plan Review Committee and shall coordinate its review of proposals.
6.000 Site Plan Content.
Ten (10) copies of a site plan shall be drawn at a scale of 1:20, 1:30, 1:40, 1:50, 1:60 or 1:100. An 11" x 17" reduction shall also be submitted. The site plan shall contain the following information, unless determined not applicable by the Zoning Administrator.
    A. General Information.
      1. The applicant's name, address, telephone number, and interest in the property.
      2. The owner's name, address, and telephone number if different than the applicant, and the owner's signed consent to the filing of the application.
      3. The street address and legal description of the property.
      4. The zoning classification, zoning district boundaries, and present use of the property.
      5. The proposed title of the project, and the names, addresses, and telephone numbers of the architect, landscape architect, planner or engineer on the project.
    B. Preliminary Development Site Plan.
      1. The location, dimensions, and total area of the site.
      2. The location, dimensions, floor area, type of construction, and use of each proposed building or structure.
      3. Floor plan showing specific uses within the building.
      4. The number, the size and type of dwelling units in each building, and the overall dwelling unit density.
      5. The proposed treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations.
      6. Architectural graphics, including typical floor plans and elevations, profiles, and cross-sections.
      7. The number, location, and dimensions of parking spaces and loading docks, with means of ingress and egress.
      8. The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements.
      9. The location of all fire hydrants on the property and the location of all fire hydrants within one-hundred fifty (150) feet of the property.
      10. The location and dimensions of all accesses for fire and emergency vehicles.
      11. Statement of whether or not the building will be sprinkled and fire flow availability for the sprinkler system and fire hydrants.
      12. The location and intensity of safety and security lighting.
      13. The location and purpose of any existing or proposed dedication or easement.
      14. The general drainage plan for the development tract.
      15. The location and dimensions of adjacent properties, abutting public right-of-ways and easements, and utilities serving the site.
      16. Significant topographical or physical features of the site, including existing trees.
      17. Wetland delineations for all wetlands present on the site.
      18. The location and proposed treatment of any historical structure or other historical design element or feature.
    C. Plat of Survey. A plat of survey of the piece or parcel of land, lot, lots, block, blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions of the piece or parcel of land according to a registered or recorded plat of such land.
    D. A Preliminary Plat of Subdivision, If Required. A preliminary plat of subdivision depicting the development parcel is required if the development parcel is not currently a lot of record that is subdivided in accordance with Chapter 11 of the City Code. A preliminary plat shall also be required for any development which will involve a resubdivision of an existing lot or parcel.
    E. Additional Information. The site plan shall also contain the following information and be accompanied by the following submissions, as well as such additional information, drawings, plans or documentation as may be requested by the Planning Director or Zoning Administrator, if determined necessary or appropriate for a full and proper consideration and disposition of the application:
      1. A certificate of disclosure of ownership interest.
      2. When a proposed planned development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by an entity other than a government authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.
      3. Copies of any restrictive covenants that are to be recorded with respect to property in a proposed planned development or subdivision.
      4. When the development is to be constructed in stages, a schedule for the development of such stages shall be submitted stating the approximate beginning and completion time for each stage. When the development provides for common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages completed or under development bear to the entire development.
      5. If requested by the Director of Public Safety, a personal safety risk assessment for employees, visitors, and customers of the development.
      6. A traffic study showing the impact of the development on public streets which serve the development. The study shall be undertaken by a registered traffic engineer.
7.000 Effect of Approval of Site Plan.
The approval of a site plan by the Site Plan Review Committee shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits of approvals that may be required by the regulations of the City, including but not limited to a Building Permit, Certificate of Occupancy, subdivision approval, and conditional use approval.

The approval of a site plan by the Site Plan Review Committee shall be valid for one (1) year; provided further that the approval is valid only in terms of the safety, fire, building, and other city codes, in effect at the time of review.
8.000 Appeals.
Appeals shall follow the procedure outlined in Section 10.99 of this Chapter.
9.000 Fees.
An applicant submitting a site plan shall pay a non-refundable fee in connection with the submittal in accordance with a fee schedule as established, from time to time, by the City Council.

10.90a : PART X. ADMINISTRATION AND ENFORCEMENT.


10.91 : Administration.

1.000 Summary of Authority.
The City offices and bodies listed herein, without limitation upon such authority as each may possess by law, have responsibility for implementing and administrating this Chapter in the manner so described.
2.000 Authority.
The following City offices and bodies have responsibility for implementing and administering this Chapter:
    A. Zoning Administrator.
    B. Board of Adjustments and Appeals.
    C. Planning Agency.
    D. City Council.
3.000 Zoning Administrator.
The position of Zoning Administrator shall have the following responsibilities:
    A. Administer this Chapter and maintain permanent and current records of all associated maps, amendments, conditional uses, variances, and appeals.
    B. Maintain a record of all conditional use and variance applications, all nonconforming uses, and all notices of violation, discontinuance, or removal in order to insure compliance with the provisions of this Chapter and, on request, provide such information for public inspection.
    C. Forward any application for appeal of any administrative order or final decision made in the administration of this Chapter, to the Board of Adjustments and Appeals.
    D. Receive and process any application for an amendment, conditional use, and planned development, and forward it to the Planning Agency for its recommendation to the City Council.
    E. Receive and process any application for a variance and forward it to the Board of Adjustments and Appeals.
    F. Make a determination of compliance with this Chapter on all applications for a Building Permit and a Certificate of Occupancy.
    G. Authorize minor adjustments to approved development site plans.
    H. Render interpretations of the provisions of this Chapter.
    I. Enforce this Chapter (the zoning code).
4.000 Board of Adjustments and Appeals.
The Board of Adjustments and Appeals shall have the following responsibilities:
    A. Hear and decide applications for appeal of any administrative order or final decision made in the administration of this Chapter.
    B. Approve, approve with conditions, or deny variance requests.
    C. Maintain a record of its proceedings, including the minutes of the meetings, its findings, and the action taken on each matter heard by it. The record shall be maintained in the City Clerk's office.
    D. The Board of Adjustments and Appeals shall have any such other powers given to it by State Law.
5.000 Planning Agency.
The Planning Agency shall have the following responsibilities:
    A. Hear and make recommendations to the City Council regarding all applications for a conditional use permit and amendments to conditional use permits.
    B. Hear and make recommendations to the City Council regarding all applications for a planned unit development.
    C. Hear and make recommendations to the City Council regarding all applications for an amendment to this Chapter.
    D. Review, hold public hearings, and prepare recommendations on any proposed change to the City's comprehensive planning policies and plans, including this Chapter.
    E. Review this Chapter from time to time and make recommendations to the City Council for such changes to this Chapter as the Planning Agency may deem appropriate.
    F. Hear and make recommendations on any other matter referred to it by the City Council.
6.000 City Council.
The City Council shall have the following responsibilities:
    A. Approve, approve with conditions, or deny any application for a planned unit development.
    B. Approve, approve with conditions, or deny any application for a conditional use permit.
    C. Approve or deny any application for an amendment to this Chapter.
    D. Take such other actions not delegated to other bodies that may be desirable and necessary to implement the provisions of this Chapter.

10.92 : Conditional Use Permits.

1.000 Authority.
The City Council, in accordance with the procedures and standards set out in this Section, may grant conditional use permits authorizing the development of uses listed as conditional uses in the regulations applicable to the district in which the specific property is located. The City Council also reserves the right to review, modify, or terminate the approval of any conditional use permit.
2.000 Purpose.
The principal objective of this Chapter is to provide for an orderly arrangement of compatible building and land uses, and for the proper locations of all types of uses required by the City. To accomplish this objective, each type and kind of use is classified as permitted in one (1) or more of the various districts established by this Chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular considerations as to their proper location in relation to adjacent established or intended use and the planned development of the community, therefore, each application will be reviewed on a case by case basis and will be subject to a public hearing process.
3.000 Persons Entitled to Seek Conditional Use Permits.
An application for a conditional use permit may be made by any governmental office, department, board or commission, or by any person having a contractual interest in the subject property.
4.000 Procedure.
Procedure. The following procedures shall govern application for Conditional Use Permits:
    A. Application. An application for a Conditional Use Permit shall be filed with the Zoning Administrator on the form provided and shall contain at least the following information:
      1. The applicant's name, address, and proof of interest in the property.
      2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
      3. The names and addresses of all professional consultants advising the applicant with respect to the proposed development.
      4. The street address and legal description of the property.
      5. The zoning classification and present use of the subject property.
      6. A general description of the proposed conditional use.
      7. A statement indicating whether the applicant will require a variance in connection with the proposed conditional use.
      8. A site plan conforming to the requirements of Section 10.90.
      9. Such other information or documentation as the Zoning Administrator may deem to be necessary or appropriate for a full and proper consideration and disposition of the application.
    B. Action of Zoning Administrator. Upon receipt of a properly completed application for a conditional use and accompanying site plan, the Zoning Administrator shall forthwith transmit to the Planning Agency, the application together with all other documents made part thereof.
    C. Public Hearing. Upon receipt of a properly completed application for a conditional use, the Planning Agency shall set a date for a public hearing.
    D. Notice. Notice of the public hearing shall be given by the Planning Agency by one (1) publication in one (1) or more newspapers of general circulation.
    Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred (300) feet from the proposed location of the conditional use. The notice shall describe the particular conditional use and shall contain a brief description thereof. County Assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
    E. Action of the Planning Agency. Upon the conclusion of the public hearing, the Planning Agency shall transmit its recommendation to the City Council. The Planning Agency shall either recommend the granting of the Conditional Use Permit, granting the Conditional Use Permit subject to conditions, or denying the conditional use. The failure of the Planning Agency to act within sixty (60) days of receipt of the application shall be deemed a recommendation for the approval of the Conditional Use Permit, unless the Planning Commission tabled the request. When a request is tabled by the Planning Commission, said request shall not be forwarded to the Council until a recommendation to approve, approve with conditions, or deny has been adopted.
    F. Action of the City Council. After receipt of the Planning Agency's recommendation or its failure to act within sixty (60) days, the City Council shall either deny the Conditional Use Permit, or grant the Conditional Use Permit with or without conditions.
5.000 Standards.
The Planning Agency shall only recommend the granting of the Conditional Use Permit, granting the Conditional Use Permit subject to conditions, or denying the conditional use based on written findings of fact with regard to each of the standards set forth below and, where applicable, any special standards for specific uses set forth in the provisions of a specific zoning district.
    A. It is one (1) of the conditional uses listed in the particular district.
    B. It is in keeping with the comprehensive planning policies of the City and this Chapter as amended from time to time.
    C. It does not interfere with or diminish the use of property in the immediate vicinity.
    D. It can be adequately served by public facilities and services.
    E. It does not cause undue traffic congestion.
    F. It preserves significant historical and architectural resources.
    G. It preserves significant natural and environmental features.
    H. It will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood, and the effect of the proposed type of conditional use upon the City as a whole.
    I. It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the granting of a variance.
    J. It will not jeopardize the public's health, safety, or general welfare.
6.000 Sequence of Approval of Applications for Both a Conditional Use and a Variance.
Whenever the applicant indicates that a variance will be necessary in connection with the proposed conditional use (other than a planned development), the applicant shall at the time of filing for a conditional use, file an application for a variance with the Board of Adjustments and Appeals. The Board of Adjustments and Appeals shall not take any action on the application for a variance until the Planning Agency shall first act to recommend the granting of the Conditional Use Permit, granting the Conditional Use Permit subject to conditions, or denying the conditional use.
7.000 Conditions of Conditional Uses.
The City Council, upon recommendation of the Planning Agency, may impose such conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purpose and objectives of this Chapter upon the premises benefited by a conditional use. In addition, the City Council may required a performance guarantee to be submitted to the City in order to ensure compliance with the terms of approval.

The conditions and limitations of approval may be more restrictive than standards outlined in this Chapter, but shall not be less restrictive. Such conditions and limitations may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the proposed property or on public facilities. Such conditions shall be expressly set forth in the resolution granting the conditional use permit. Violation of any such condition or limitation shall be a violation of this Chapter and shall constitute grounds for revocation of the conditional use permit pursuant to Section 10.96.
8.000 No Presumption of Approval.
The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.
9.000 Effect of Approval.
The approval of a proposed conditional use by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulation of the City, including but not limited to a Building Permit and a Certificate of Occupancy.
10.000 Limitations on Conditional Uses.
Subject to an extension of time granted by the City Council, no conditional use permit shall be valid for a period longer than twelve (12) months, unless a Building Permit is issued, or unless a Certificate of Occupancy is issued and the conditional use commenced within that period of time.

Except when otherwise provided in the resolution approving a conditional use, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such lot.
11.000 Fee.
An applicant for a conditional use permit shall pay a non-refundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.

10.93 : Planned Unit Developments.

1.000 Authority.
The City Council may, in accordance with the procedures and standards set forth in this Section, and other standards and regulations applicable to the district in which the subject property is located, approve by ordinance, planned unit developments for uses as listed within each zoning district.
2.000 Purpose.
A planned unit development is intended to encourage the efficient use of land and resources, to promote greater efficiency in public and utility services, and to encourage innovation in the planning and building of all types of development. A planned unit development may be approved by the City Council following a review and recommendation by the Planning Agency.
3.000 Public Benefit.
The public benefits to the surrounding neighborhood and the City as a whole that are intended to be derived from the approval of a planned unit development include, but are not limited to:
    A. Preservation and enhancement of desirable site characteristics and open space.
    B. A pattern of development which preserves natural vegetation, topographic and geologic features.
    C. Preservation and enhancement of historic and natural resources that significantly contribute to the character of the City.
    D. Use of design, landscape, or architectural features to create a pleasing environment or other special development features.
    E. Provision of a variety or housing types in accordance with the City's housing goals.
    F. Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation.
    G. Business and commercial development to enhance the local economy and strengthen the tax base.
    H. The efficient use of land resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities.
4.000 General Provisions.
The following general provisions shall govern the review, approval, and establishment of planned unit developments.
    A. Control of the Planned Development. A planned unit development may be established for any parcel or tract of land under single ownership or control. The property included in the Planned Unit Development shall be planned and developed or redeveloped as a single unit and in a manner consistent with the intent and purpose for which a planned unit development may be permitted.
    B. Uses Allowed. All permitted and conditional uses listed in a specific district are allowed as planned unit developments. Where residential units are provided as part of a planned unit development, regardless of the specific district, they may be of one-family attached, one-family detached, townhouse, or clustered or multiple-family type construction. Mixed use planned unit developments are permitted and encouraged provided they meet the intent and purpose for which a planned unit development is permitted. Uses not listed as permitted or conditional in a specific district shall not be allowed in a planned unit development unless it is found that the use is complementary to the functionality of the development and the other uses found therein.
    C. Authority to Modify Regulations. The City Council shall have the authority in approving any planned unit development to change, alter, modify, or waive any provision of this Chapter or the subdivision regulations as they apply to the proposed planned unit development. No such change, alteration, modification or waiver shall be approved unless the City Council shall find that the proposed planned unit development:
      1. Will achieve the purpose for which a planned unit development may be approved pursuant to this Section.
      2. Will not violate the general purpose, goals, and objectives of this Chapter and of any plans adopted by the Planning Agency or the City Council.
    D. Limitations. No change, alteration, modification or waiver authorized by this Section shall authorize a change in uses allowed in any district or a modification with respect to any standard established by this Section, or a modification with respect to any standard in a zoning district made specifically applicable to a planned unit development, unless the regulation expressly authorizes such a change, alteration, modification or waiver.
5.000 Site Design.
    A. The number of principal use structures which may be constructed within the planned unit development shall be determined by dividing the net acreage of the project acreage by the required lot area per unit that is required in the district in which the planned unit development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets or other public purposes. The project area includes all the land within the planned unit development that is allocated for residential, institutional, commercial, or industrial uses, and for common open space as required.
    B. The development plan shall contain such proposed covenants, easements, and other provisions relating to the bulk, location, and density of permitted structures, accessory structures, and public facilities as may be necessary for the welfare of the planned unit development and the City.
    C. The common open space, and other common properties, individual properties, and all other elements of the planned unit development shall be so planned that they achieve a unified scheme of integrated planning and a harmonious selection and efficient distribution of uses.
    D. Common open space within a planned unit development must be used for amenity or recreational purposes. Motor vehicle parking areas and traffic corridors shall not be considered an approved use of common open space. The uses authorized for the common open space must be approved to the scale and character of the planned unit development, and consider the planned unit development's size, density, topography, and number and type of structures to be provided.
    E. Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved. The development plan must coordinate the improvement of the common open space and the construction of the permitted structures within the planned unit development.
    F. Adequate access shall be provided for fire and emergency vehicles.
6.000 Minimum Area.
A planned unit development proposed for any parcel or tract of land under single ownership or control shall have a minimum net site area for each zoning district as set forth below.
A. Residential Districts Minimum Area
R-1, One-Family Dwelling District Two (2) acres
R-2, One- and Two-Family Dwelling District Two (2) acres
R-3, Limited Multiple Dwelling District Two (2) acres
R-4, Multiple-Family Dwelling District Two (2) acres
OR, Office Residential Two (2) acres
B. Downtown Districts Minimum Area
CBD-C, Central Business District-Core One (1) acre
CBD-F, Central Business District-Fringe One (1) acre
C. Business Districts Minimum Area
B-1, Community Business District Four (4) acres
B-2, General Business District Four (4) acres
B-3, Highway Commercial District Four (4) acres
D. Industrial Districts Minimum Area
PI, Planned Industrial District Five (5) acres
M-1, Light Industrial District Five (5) acres
M-2, Heavy Industrial District Five (5) acres
7.000 Application Procedure.
Subd. 7. Application Procedure. An application for a planned unit development shall be processed in accordance with the following procedures:
    A. Pre-Application Conference. Prior to submitting a formal application for a planned unit development, an applicant shall participate in a pre-application conference with the Planning Director and Zoning Administrator. Representatives of other City departments and decision-making bodies may also be present where appropriate. The purpose of the pre-application conference is to enable the applicant to present the concept of the proposed planned unit development and to discuss the procedures and standards for planned unit development approval. The conference is intended to facilitate the filing and consideration of a formal planned unit development application. No representations made by any representatives of the City’s departments or decision-making bodies during the pre-application conference shall be binding upon the City with respect to a formal application subsequently submitted.
    B. Information Needed for the Pre-Application Conference. The applicant shall provide the following information at the time of the scheduling of the pre-application conference:
      1. Concept site plan.
      2. Narrative summary of the proposal.
      3. Description of the land uses and neighboring characteristics.
    C. Formal Application-Development Plan. Formal applications for a planned unit development shall be filed with the Zoning Administrator on a form provided and accompanied by such number of copies as so indicated. Upon receipt of a properly completed formal application for a planned unit development, the Zoning Administrator shall forthwith transmit to the Planning Agency the application together with all papers and plans attached thereto. All formal applications for a planned unit development shall include at least the following information:
      1. General Information.
        a. The applicant’s name, address, telephone number, and interest in the property.
        b. The owner’s name, address, and telephone number, if different than the applicant, and the owner’s signed consent to the filing of the application.
        c. The street address and legal description of the property.
        d. The zoning classification, zoning district boundaries, and present use of the property.
        e. The proposed title of the project and the names, addresses, and telephone numbers of the architect, landscape architect, planner or engineer on the project.
      2. Preliminary Development Site Plan. A development site plan shall be drawn at a scale of twenty (20) feet to one (1) inch and shall contain at least the following, unless determined not applicable by the Zoning Administrator:
        a. The location, dimensions, and total area of the site.
        b. The location, dimensions, floor area, type of construction, and use of each proposed building or structure and setbacks from property lines.
        c. The number, the size, and type of dwelling units in each building, and the overall dwelling unit density.
        d. The proposed treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations.
        e. Architectural graphics, including typical floor plans and elevations, profiles, and cross-sections.
        f. The number, location, and dimensions of parking spaces and loading docks, with means of ingress and egress.
        g. The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements.
        h. A vehicular traffic analysis.
        i. The location of all fire hydrants on the property and the location of all fire hydrants within one-hundred fifty (150) feet of the property.
        j. The location and dimensions of all accesses for fire and emergency vehicles.
        k. Statement of whether or not the building will be sprinkled and fire flow availability for the sprinkler system and fire hydrants.
        l. The location and intensity of safety and security lighting.
        m. The location and purpose of any existing or proposed dedication or easement.
        n. The general drainage plan for the development tract.
        o. The location and dimensions of adjacent properties, abutting public right-of-ways and easements, and utilities serving the site.
        p. Significant topographical or physical features of the site, including existing trees.
        q. Wetland delineation showing all wetlands present on the site.
        r. The location and proposed treatment of any historical structure or other historical design element or feature.
      3. Preliminary Plat of Survey. A preliminary plat of the property shall be submitted in conformance with Chapter 11. The layout of the plat shall conform to the development plan.
      4. Additional Information. The application shall also contain the following information and be accompanied by the following submissions, as well as such additional information, drawings, plans or documentation as may be requested by the Zoning Administrator or the Planning Agency, if determined necessary or appropriate for a full and proper consideration and disposition of the application.
        a. A certificate of disclosure of ownership interest.
        b. When the proposed planned unit development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by an entity other than a government authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.
        c. Copies of any restrictive covenants that are to be recorded with respect to property in the proposed planned unit development.
        d. When the planned unit development is to be constructed in stages, a schedule for the development of such stages shall be submitted stating the approximate beginning and completion time for each stage. When the development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages completed or under development bear to the entire development.
        e. A statement showing the relationship of the proposed planned unit development to any adopted general plan of the City.
        f. A statement showing why the proposed planned unit development is compatible with other property in the neighborhood.
    D. Review Procedure.
      1. Action of Zoning Administrator. Upon review of the formal application, including the development site plan, the Zoning Administrator shall determine if the application is complete. If the application is determined not to be complete, the Zoning Administrator shall not transmit the application to the Planning Agency, but shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application.
      2. Public Hearing. Upon receipt of a properly completed application for a planned unit development, the Planning Agency shall set a date for a public hearing.
      3. Notice. Notice of the public hearing shall be given by the Planning Agency by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred (300) feet from the proposed location of the conditional use. The notice shall describe the particular planned unit development and shall contain a brief description thereof.
      4. Action of the Planning Agency. Upon the conclusion of the public hearing, the Planning Agency shall transmit its recommendation to the City Council. The Planning Agency shall either recommend the granting of the planned unit development, granting the planned unit development subject to modifications, or denying the planned unit development.
      5. Action of the City Council. After receipt of the Planning Agency’s recommendation, the City Council shall either deny the planned unit development, or grant the planned unit development with or without modifications and conditions.
8.000 Standards.
    A. The Planning Agency shall not recommend approval of, nor shall the City Council approve, a planned unit development unless each shall first make written findings of fact that the planned unit development satisfies the intent of this ordinance and/or does not jeopardize the public health, safety, or welfare.
    B. The development of the planned unit development shall conform to the approved development plan; including all proposed covenants, easements, conditions of approval, and other provisions relating to the bulk, location, and density of permitted structures, accessory structures, parking, and other public facilities.
    C. All land shown on the approved development plan as common open space must be conveyed to trustees provided in the indenture establishing the association or similar organization for the maintenance of the planned unit development.
    D. No common open space may be put to any use not specified in the approved development plan.
9.000 Time Limit on Approved Planned Unit Development.
No planned unit development approval shall be valid for a period longer than one (1) year unless a Building Permit is issued. However, upon written request of the applicant, the one (1) year period may be extended by the Planning Agency for such time as it shall be determined and for good cause shown, without further hearing.
10.000 Effect of Approval of a Planned Unit Development.
The approval of a proposed planned unit development by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for such permits or approvals as may be required by the regulation of the City, including, but not limited to, a subdivider's agreement as required in Chapter 11 of the Mankato City Code, Building Permit, and a Certificate of Occupancy.
11.000 Regulations During and Following Completion of Development.
Following approval of the planned unit development, the development site plan, including any modifications thereof, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the property, and no use, building or development, other than home occupations and temporary uses not allowed by the development site plan, shall be permitted within the area of the planned unit development.
12.000 Adjustments to the Development Site Plan.
Adjustments to the development site plan shall be in accordance with the requirement set forth below.
    A. New Application Required. No alteration or amendment shall be made in the construction, development, or use without a new application under the provisions of this Section. However, minor alterations may be made subject to written approval of the Zoning Administrator.
    B. Minor Adjustments. During build-out of the planned unit development, the Zoning Administrator may authorize minor adjustments to approved development site plans when such adjustments appear necessary in light of technical or engineering considerations. Such minor adjustments shall be limited to the following elements:
      1. Adjusting the distance as shown on the approved development site plan between any one (1) structure or group of structures, and any other structure or group of structures, or any vehicle circulation element or any boundary of the site.
      2. Adjusting the location of any open space.
      3. Adjusting any final grade.
      4. Altering the types of landscaping elements and their arrangement within the required landscaping buffer area.
    Such minor adjustments shall be consistent with the intent and purpose of the Ordinance and development plans approved pursuant to this Section and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of this Chapter.
    C. Major Adjustments. Any adjustments to the development site plan not authorized as a minor adjustment shall be considered a major adjustment and shall require a new application under the provisions of this Section.
13.000 Fee.
All applications for a planned unit development shall be accompanied by a non-refundable filing fee in accordance with Section 10.92, Subd. 11.

10.94 : Variances.

1.000 Authority.
In accordance with the procedures and standards set forth in this Section, the Board of Adjustments and Appeals shall have the authority to grant variances from the provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property.
2.000 Purpose.
The variance procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this Chapter that create practical difficulties or particular hardships.
3.000 Parties Entitled to Seek Variances.
Applications for variances may be filed by the owner of, or any person having contractual interest in, the property.
4.000 Procedure.
An application for a variance shall be processed in accordance with the following procedures:
    A. Application. An application for a variance shall be filed with the Zoning Administrator and shall include, at least, the following information:
      1. Variance applications shall contain the following information:
        a. The applicant's name, address, and proof of interest in the property.
        b. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
        c. The names and addresses of all professional consultants advising the applicant with respect to the proposed development.
        d. The street address and legal description of the property.
        e. The present use of the subject property.
        f. A site plan showing existing lot lines and dimensions as well as lot area, all easements, all public streets and private right-of-ways bordering and adjacent to the site, the use and location of all adjacent property.
        g. The specific feature or features of the proposed use, construction, or development that require a variance.
        h. The specific provisions of this Chapter from which a variance is sought and the precise variance therefrom being sought.
        i. Statement of the characteristics of the property that prevent compliance with the provisions of this Chapter.
    B. Action of Zoning Administrator. Upon receipt of a properly completed application for an appeal, the Zoning Administrator shall forthwith transmit to the Board of Adjustments and Appeals the application together with all papers and plans attached thereto.
    C. Public Hearing. Upon receipt of a properly completed application for a variance, the Board of Adjustments and Appeals shall set a date for a public hearing.
    D. Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within two hundred (200) feet from the proposed location of the variance. The notice shall describe the particular variance and shall contain a brief description thereof. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
    E. Board of Adjustments and Appeals Action. The Board of Adjustments and Appeals shall render its decision in accordance with the Board's adopted Rules of Procedures. The Board of Appeals may grant the variance, grant the variance subject to conditions, or deny the variance.
5.000 Standards.
In considering an application for a variance, the Board of Adjustments and Appeals may approve such variance only upon the finding that the application complies with the standards set forth below.
    A. General Standard. No variance shall be granted unless the applicant shall establish that conforming to the strict letter of the provisions of this Chapter would create a unique and particular hardship.
    B. Unique and Particular Hardship. Unique and particular hardship is defined as the property is exceptional as compared to other property subject to the same provisions by reason of a unique physical condition, including the presence of an existing use or structure, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot. The hardship shall amount to more than a mere inconvenience to the owner and the hardship shall relate to the physical situation of the lot rather than the personal situation of the current owner of the lot.
    C. Not Self-Created. The unique physical condition and hardship shall not be the result of any action or inaction of the property owner or its predecessors in title. The unique physical condition shall have existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this Chapter.
    D. Denied Substantial Rights. The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other property subject to the same provisions.
    E. Not Merely Special Privilege. The alleged hardship shall not include the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision. The alleged hardship shall not include the inability of the property owner to realize a greater profit than if the variance were not granted.
    F. No Other Remedy. There are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit a reasonable use of the lot.
    G. Variance Less Than Requested. A variance less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.
    H. Essential Character of the Area. The variance would not result in a development on the lot that:
      1. Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements permitted in the vicinity.
      2. Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity.
      3. Would substantially increase congestion in the public streets due to traffic or parking.
      4. Would unduly increase the danger of flood or fire.
      5. Would unduly tax public utilities and facilities in the area.
      6. Would endanger the public health or safety.
      7. Would not be in harmony with the general and specific purposes of this Chapter and the comprehensive planning policies and objectives of the City.
6.000 Conditions on Variances.
The Board of Adjustments and Appeals may impose specific conditions and limitations upon the granting of a variance as are necessary to achieve the purpose and objectives of this Chapter. Such conditions and limitations may include, but are not limited to, those concerning the use, construction, character, location, landscaping, screening, parking, and other matters relating to the purpose and objectives of this Chapter and shall be expressly set forth in the resolution granting the variance. Violation of any such condition or limitation shall be a violation of this Chapter and shall constitute grounds for revocation of the variance pursuant to Section 10.96.
7.000 Effect of Grant of Variance.
The approval of a proposed variance by the Board of Adjustments and Appeals shall not authorize the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulation of the City, including, but not limited to, a Building Permit and a Certificate of Occupancy.
8.000 Limitations on Variance.
Subject to an extension of time granted by the Board of Adjustments and Appeals, no variance shall be valid for a period longer than twelve (12) months unless a Building Permit is issued, or unless a Certificate of Occupancy is issued and a use commenced within that period of time.

Except when otherwise provided in the resolution approving a variance, a variance shall be deemed to relate to, and be for the benefit of, the lot in question, rather than the owner of such lot.
9.000 Prohibited Variances.
Notwithstanding any other provision in this Section, no variance shall be granted to establish a use not permitted in the zoning district where the property subject to the application is located.
10.000 Fee.
An applicant for a variance shall pay a non-refundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.

10.95 : Certificate of Occupancy and Building Permits.

1.000 Authority.
The Zoning Administrator shall have the authority to review applications for Certificates of Occupancy and Building Permits in order to determine compliance with this Chapter.
2.000 Purpose.
For the purposes of this Chapter, the Certificate of Occupancy, in part, provides a procedure for the inspection of completed premises to ensure their compliance with this Chapter and approved plans prior to commencement of the use or occupancy of such premises. The certificate also serves as evidence of compliance with other provisions of other codes or ordinances of the City. For the purposes of this Chapter, the Building Permit authorizes the development on a lot in conformance with applicable Sections of the Mankato City Code and special approval conditions.
3.000 Certificate Required.
Unless a Certificate of Occupancy shall have first been obtained certifying compliance with the provisions of this Chapter, no structure, or addition thereto, constructed, remodeled, altered, or moved shall be used for any purpose, and no vacant land shall be used or occupied for any purpose. Except for changes involving substitution of occupants in existing dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy without first obtaining a Certificate of Occupancy.
4.000 Procedure.
The following procedures shall govern application for Certificates of Occupancy and Building Permits:
    A. Application. Applications for a Certificate of Occupancy and Building Permits shall be made to the Building Official. For the purpose of this Chapter, applications for a Building Permit shall include a site plan which conforms with the requirements of Section 10.90, Subd. 6.
    B. Action on Application. Within ten (10) days after the receipt of a completed application, the Building Official shall forward the application to the Zoning Administrator who shall review the application and inspect the subject structure or premises and shall take the following actions based on such inspection:
      1. If all construction has been completed and the structure and premises are in compliance, or the Building Permit application is complete and the accompanying plans depict a development that conforms with all the applicable provisions of this Chapter and special approval conditions, the Zoning Administrator shall approve the application for a Certificate of Occupancy or Building Permit.
      2. If, however, all work is not in compliance with all applicable requirements of this Chapter or the Building Permit application is incomplete and the accompanying plans depict a development that would not conform with all the applicable provisions of this Chapter, the Zoning Administrator shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such denial is based, citing the particular provisions of this Chapter, the particular items in the applicant's plans, or the applicable special approval conditions with respect to which compliance is lacking.
    C. Contents of Certificate. Every Certificate of Occupancy shall, at a minimum, state the specific use of the property for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this Chapter.
    D. Filing of Certificates. Every Certificate of Occupancy issued pursuant to this Section shall be kept on file in the Community Development Department and shall be considered a public record, and shall be open for public inspection upon request.
    E. Additional Inspection Cost. The Zoning Administrator may, where necessary, require the services of a qualified testing laboratory to determine anticipated compliance with performance standards prior to issuance of a Building Permit or Certificate of Occupancy. The cost of employing the testing laboratory shall be paid by the applicant.
5.000 Temporary Certificate of Occupancy.
Pending the issuance of a Certificate of Occupancy, the Zoning Administrator may approve a Temporary Certificate of Occupancy for a period not exceeding six (6) months, pending the completion of the development, including the erection or alteration of a structure. The temporary certificate shall state its temporary nature, and it shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter except under such restrictions and provisions as will adequately insure the safety of the occupants and abutting properties. The Zoning Administrator or Building Official may required the property owner to submit a performance guarantee to the Building Official. The performance guarantee shall be held by the Building Official for the duration of the Temporary Certificate of Occupancy. The amount of the performance guarantee shall be equal to an amount deemed necessary to cause the completion of the development, including the erection or alteration of a structure. The performance guarantee shall only be returned to the property owner upon the issuance of a Certificate of Occupancy. If the Temporary Certificate of Occupancy expires and the development is not completed per the approved site plan, conditions of approval, and approved building plans, the City reserves the right to use the performance guarantee to cause the completion of the development, including the erection or alteration of a structure.
6.000 Certificate of Occupancy for Existing Uses.
The Zoning Administrator may approve a Certificate of Occupancy certifying the lawful existence and use of any existing structure or use, provided it is issued in the same manner and subject to the same requirements as described in this Section 10.95. The certificate shall evidence only that which is contained in the certificate with respect to any structure or use as of the date of its issue and shall remain effective only for that purpose for so long as neither the use or structure nor the applicable provisions of this Chapter are changed.
7.000 Certificate of Occupancy for Legal Nonconforming Uses.
The Zoning Administrator may approve a Certificate of Occupancy certifying the lawful existence and use of any nonconforming use, structure, lot, sign, or fence, provided it is issued in the same manner and subject to the same requirements as described in this Section.
8.000 Void Certificates of Occupancy and Building Permit.
Any Certificate of Occupancy or Building Permit issued in violation of the provisions of this Chapter, whether intentionally, negligently, or innocently, shall be void immediately upon issue and shall give rise to no rights whatsoever.

10.96 : Enforcement.

1.000 Authority.
The Zoning Administrator is hereby authorized and directed to enforce all the provisions of this Chapter and shall perform the following duties:
    A. Inspections. The Zoning Administrator shall have the authority to periodically inspect buildings, structures, and uses of land to determine compliance with the provisions of this Chapter, or of any permit or approval granted pursuant to this Chapter, or of any condition imposed pursuant to this Chapter on any such permit or approval. In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance. The cost of the laboratory services shall be paid for by the person responsible for the violation if one is so determined.
    B. Procedure Upon Discovery of Violation. Upon finding the existence of any violation of this Chapter, the Zoning Administrator may take any or all of the following procedures:
      1. Stop and Cease-and Desist Orders. Upon finding the existence of any violation of this Chapter, the Zoning Administrator shall notify, in writing, the person responsible for such violation, indicating the violation and ordering the action necessary to correct it; specifically, the Zoning Administrator shall order the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.
      2. Legal Action. In the enforcement of this Chapter, the Zoning Administrator shall exercise all the powers authorized by the statutes of the State of Minnesota and City Codes and Ordinances to ensure compliance with, or to prevent or abate any violation of the provisions of this Chapter, and in particular shall, when necessary or appropriate, shall cause the City Attorney to initiate any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this Chapter.
      3. Revocation of Permits. The violation of any provision of this Chapter, or of any permit or approval granted pursuant to this Chapter, or of any condition imposed pursuant to this Chapter on any such permit or approval, shall be grounds for the revocation of any permit, variance, or approval granted pursuant to this Chapter. If the Zoning Administrator determines any such violation exists, the Zoning Administrator shall forward a report to the City Council regarding the violation. The City Council shall hold a public hearing regarding the violation, after which the Council shall either revoke the permit or approval, modify the original conditions of the permit or approval, or affirm the compliance with the permit or approval.
      4. Fines and Penalties. In the enforcement of this Chapter, the Zoning Administrator shall, when necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this Chapter as authorized by State Law and this Chapter.

10.97 : Administrative Interpretations.

1.000 Authority.
The Zoning Administrator, subject to the procedures, standards, and limitations herein, may, in written request, render interpretations, including use interpretations, of the provisions of this Chapter and of any rule or regulations issued pursuant to it.
2.000 Purpose.
The interpretation authority established by this Section 10.97, is intended to recognize that the provisions of this Chapter, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have it be applied. Many such situations can be readily addressed by interpretation of the specific provisions of this Chapter in light of the general and specific purpose for which those provisions have been enacted. Because the interpretation authority established is administrative rather than legislative, it is not intended to add or change the essential content of this Chapter, but is intended only to allow authoritative applications of that content to specific cases.
3.000 Parties Entitled to Seek Interpretations.
Requests for interpretations may be filed by any person having a legal or equitable interest in property that gives rise to the need for an interpretation. Requests shall not be accepted when based solely on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion.
4.000 Procedure.
The following procedure shall govern requests for administrative interpretations:
    A. Requests. Requests for interpretations of this Chapter shall be filed with the Zoning Administrator, and shall contain at least the following information:
      1. The property owner's name and address, and the owner's signed consent to the filing of the application.
      2. The applicant's name and address, if different than the owner, and the applicant's interest in the subject property.
      3. The specific provision or provisions of this Chapter for which an interpretation is sought.
      4. The facts of the specific situation given rise to the request for an interpretation.
      5. The precise interpretation claimed by the applicant to be correct.
      6. In cases of use interpretations, the use permitted in the particular zoning classification that is claimed to be included, or be most similar to, the proposed use sought.
      7. In cases of a use interpretation, documents, statements, and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
    B. Action On. Within thirty (30) days following the receipt of a properly filed request, the Zoning Administrator shall inform the applicant in writing of the interpretation, stating the reasons for the determination therein.
    C. Records. A permanent record of all requests for interpretations shall be kept on file in the office of the Zoning Administrator.
    D. Appeals. Appeals from interpretations rendered by the Zoning Administrator may be made to the Board of Adjustments and Appeals.
5.000 Standards for Use Interpretations.
The following standards shall govern the Zoning Administrator, and the Board of Adjustments and Appeals when on appeal, in issuing use interpretations:
    A. Any use defined in Section 10.02, of this Chapter shall interpreted as therein defined.
    B. No use interpretation shall permit any use in a particular district unless evidence shall be presented that demonstrates that it will comply with the general district regulations established for that particular district.
    C. No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in that district and is more similar to such other uses permitted or conditionally permitted in a more restrictive district.
    D. If the proposed use is most similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a conditional use permit for such use pursuant to Section 10.92.
    E. No use interpretation shall permit the establishment of any use that would not be consistent with the statement of purpose of the district in question.
6.000 Effect of Favorable Use Interpretations.
No use interpretation finding a particular use to be permitted or conditionally permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes or ordinances of the City, including but not limited to, a Building Permit, a Certificate of Occupancy, subdivision approval, and site plan approval.
7.000 Limitations on Favorable Use Interpretations.
Subject to a possible extension of time granted by the Zoning Administrator, no use interpretation finding a use to be permitted or specially permitted in a particular district shall be valid for a period longer than six (6) months from date of issuance unless action has been taken by the applicant in the form of the use being established or a Building Permit and construction or a Certificate of Occupancy is obtained.

10.98 : Amendments.

1.000 Authority.
The text if this Chapter and the Official Zoning Map may be amended from time to time by the passage of any ordinance duly adopted by the City Council in accordance with the procedures set forth herein.
2.000 Purpose.
The purpose of this Section is to provide standards and procedures for making amendments to the text of this Chapter and the Zoning Map that are of general significance or application. The amendment process is not intended to relieve particular hardships nor to confer special privileges or rights on any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
3.000 Parties Entitled to Initiate Amendments.
Amendments to the text of this Chapter and the Zoning Map may be initiated by written petition of any affected property owner, the City Council, or the Planning Agency, provided the petition meets the requirements set forth in this Section.
4.000 Requirements for Amendment Petitions.
Petitions for amendments to this Chapter, shall be in such form and accompanied by such information as shall be prescribed, from time to time, by the Planning Agency and shall contain at least the following:
    A. The petitioner's name, address, and interest in the petition and the name, address, and interest of every person, firm, corporation, or government agency represented by the petitioner in the petition.
    B. The precise wording of the proposed amendment, together with concise explanation of its presumed effect.
    C. A statement containing all the circumstances, factors, and arguments that the petitioner offers in support of the proposed amendment.
    D. In the event that the proposed amendment would result in the rezoning of any property, the following shall be supplied:
      1. A statement specifying the names of the owners of the land proposed to be rezoned.
      2. A statement identifying the majority of owners of the land proposed to be rezoned and being parties to the petition.
      3. The street address and legal description of the land proposed to be rezoned.
      4. The present zoning classification and use of the land proposed to be rezoned.
      5. A preliminary plat if the property is not currently subdivided into lots and blocks in conformance with Chapter 11 of the Mankato City Code.
      6. A concept development plan for the property if the property is vacant or is intended to be redeveloped.
      7. A statement of purpose explaining the reasons for the rezoning.
5.000 Standards for Amendments.
In making their determination, the City Council shall consider the following:
    A. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Land Use Plan, as adopted and amended from time to time by the City Council.
    B. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the affected property.
    C. Whether the proposed amendment will have an adverse effect on the value of adjacent properties.
    D. The adequacy of public facilities and services.
6.000 Procedure for Review and Decision of Proposed Amendments.
A petition to amend the text of this Chapter and the Official Zoning Map shall be processed in accordance with the following procedures:
    A. Public Hearing. After the filing of a petition for an amendment in the proper form, the Zoning Administrator shall set a date for a public hearing.
    B. Notice. Notice of the public hearing shall be given by the Planning Agency by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the area proposed to be rezoned, or as otherwise provided by State Law. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
    C. Planning Agency Action. Upon receipt of the petition, including a copy of the proposed text or map changes, the Planning Agency shall hold a public hearing. Within sixty (60) days of the close of the public hearing, the Planning Agency shall recommend the approval or denial of the proposed amendment, or the approval of the amendment with modifications, and shall then submit its written recommendation, together with the petition for the text or map change, to the City Council.
    D. City Council Action. The City Council shall either adopt or reject the recommendation of the Planning Agency or adopt some modification of the recommendation of the Planning Agency. No amendment shall be adopted except by the affirmative vote of two-thirds (2/3) of all members of the City Council.
7.000 Fees.
An applicant for an amendment shall pay a non-refundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.

10.99 : Appeals.

1.000 Authority.
The Board of Adjustments and Appeals shall hear and decide appeals from any order or final decision of the Zoning Administrator by any person aggrieved by such order or final decision.
2.000 Purpose.
The appeal process is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intent of this Chapter or the rightful authority of the Zoning Administrator to enforce the requirements of this Chapter. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Chapter and to the reasonable interpretations of that language by those charged with the administration of this Chapter.
3.000 Stay of Proceedings.
The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustments and Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Board of Adjustments and Appeals or by a court of record.
4.000 Procedure.
An application for an appeal shall be processed in accordance with the following procedures:
    A. Application. An application for an appeal to the Board of Adjustments and Appeals shall be filed with the Zoning Administrator no later than forty-five (45) days after the action or decision being appealed.
    B. Action of Zoning Administrator. Upon receipt of properly completed application for an appeal, the Zoning Administrator shall forthwith transmit to the Board of Adjustments and Appeals the application together with all papers constituting the record upon which the action appealed from was taken.
    C. Public Hearing. Upon receipt of a properly completed application for an appeal, together with all papers constituting the record upon which the action appealed from was taken, the Board of Adjustments and Appeals shall set a date for a public hearing. The hearing shall be held in accordance with the Board's adopted Rules of Procedures.
    D. Notice. Notice of the public hearing shall be given by the Board of Adjustments and Appeals in accordance with the Board's adopted Rules of Procedures.
    E. Board of Adjustments and Appeals Action. The Board of Adjustments and Appeals shall render its decision in accordance with the Board's adopted Rules of Procedures. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order or final decision as in its option ought to be made in the premises, and to that end has all the powers of the officer from whom the appeal is taken.
5.000 Right to Grant Variances in Deciding Appeals.
In any case where the application is accompanied by an application for a variance in accordance with Section 10.94 of this Chapter, the Board of Adjustments and Appeals shall have the authority to grant, as part of the relief, a variance, provided it is done so in strict compliance with the provisions of Section 10.94.
6.000 Conditions and Limitations on Rights Granted by Appeal.
In any case where this Chapter imposes conditions and limitations upon any right, any such right granted by the Board of Adjustments and Appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.
7.000 Fees.
An applicant, for an appeal, shall pay a non-refundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established from time to time by the City Council.