Mankato City Code Chapter 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.

(Ord. of 6-28-1999)

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:
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:

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 A. 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.
B. 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.

C. 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.

(Ord. of 03-27-2006, Ord. of 11-26-2007)

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.

(Ord. of 6-28-1999)

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:

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.

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:

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.

(Ord. of 6-28-1999)

8.000: Residential Occupancies.

(Ord. of 6-28-1999)

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.

(Ord. of 05-08-2006)

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:
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:

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:
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.

(Ord. of 2-9-2004)

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:

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:

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:

(Ord. of 1-14-2008)

4.000: Minimum Lot Area. The minimum lot area for the R-2, One- and Two-Family Dwelling District, is as follows:

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:

6.000: Yards and Setbacks (Continued)
- 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:

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.

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

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.

4.000: Minimum Lot Area. The minimum lot area for the R-3, Limited Multiple-Dwelling Residential District, is as follows:

(Ord. of 2-9-2004)

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-3, Limited Multiple 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-3, Limited Multiple-Family Dwelling District, are as follows:
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.

(Ord. of 2-9-2004)

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.

(Ord. of 11-8-1999)

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:

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:

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:

4.000: Minimum Lot Area. The minimum lot area for the R-4, Multiple-Dwelling Residential District, is as follows:

(Ord. of 2-9-2004)

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:
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:

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:

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.

4.000: Minimum Lot Area. The minimum lot area for the R-T, Residential Transition District, is as follows:

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:
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:
A. 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:

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:

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:

(Ord. of 2-9-2004)

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:

A. 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.

(Ord. of 6-23-2003)

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:

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:

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:
- 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:
- 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:

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.

2.000: Licenses.

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.

5.000: Environmental, Open Spaces, and Access Requirements. Environmental, Open Spaces, and Access Requirements.
- 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.
- 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:
- 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:

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.

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).

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:

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:

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:

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:

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:

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:

(Ord. of 03-27-2006)

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.

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.

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:

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:

(Ord. of 03-27-2006)

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.

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.
- 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:

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:

(Ord. of 03-27-2006)

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.

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:
- 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:

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:

(Ord. of 3-23-2009)

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:

(Ord. of 03-27-2006, Ord. of 3-23-2009)

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.

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:
- 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:
- 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:

(Ord. of 3-23-2009)

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:

(Ord. of 3-23-2009)

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.

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:

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.

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.

(Ord. of 05-08-2006)

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. 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.
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.

(Ord. of 05-08-2006)

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.

(Ord. of 05-08-2006)

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.

(Ord. of 05-08-2006)

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.
6. 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.

(Ord. of 05-08-2006)

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.

(Ord. of 05-08-2006)

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.

(Ord. of 05-08-2006)

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:

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:

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:

7.000: Special Review Considerations.

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).

(Ord. of 7-10-2000)

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:

(Ord. of 2-9-2004)

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:

4.000: Minimum Lot Area. The minimum lot area in the PI, Planned Industrial District, is 21,780 square feet.

(Ord. of 1-14-2008)

5.000: Minimum Lot Frontage. The minimum lot frontage in the PI, Planned Industrial District, is one hundred (100) feet.

(Ord. of 1-14-2008)

6.000: Yards and Setbacks. The yard and setback requirements for the PI, Planned Industrial District, are as follows:

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:

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:

(Ord. 4-14-2008)

3.000: Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the M-1, Light Industrial District:

(Ord. of 4-14-2008)

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:

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:

(Ord. of 4-14-2008)

3.000: Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the M-2, Heavy Industrial District:

(Ord. of 10-13-97; 4-14-2008)

4.000: Minimum Lot Area. The minimum lot area required in the M-2, Heavy Industrial District, is seven thousand (7,000) square feet.

(Ord. of 1-14-2008)

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.

(Ord. of 1-14-2008)

6.000: Yards and Setbacks. The yard and setback requirements for the M-2, Heavy Industrial District, are as follows:

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.

3.000: Findings of Fact.

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.

(Ord. of 9-25-2000)

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.

(Ord. of 9-25-2000)

8.000: Interpretation.

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.

(Ord. of 9-25-2000)

12.000: Floodway District (FW).

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.

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.

13.000: Flood Fringe District (FF).

14.000: Subdivisions.

14.000: E. Standards for All Flood Fringe Uses. Uses.

14.000: Flood Fringe District (FF).

15.000: Public Utilities, Railroads, Roads, and Bridges.

16.000: Manufactured Homes and Manufactured Home Parks and Placement of Travel Vehicles.

17.000: Administration.

17.000: A. Zoning Administrator.

17.000: B. Permit Requirements.

17.000: C. Board of Adjustments and Appeals.

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.

18.000: Nonconforming Uses.

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.

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:

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:

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.

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.

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.

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.

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:

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.

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:

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 th