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Dec 2021 Combined Udc

The Unified Development Chapter (Chapter 50) of the City of Duluth outlines regulations for land use, development, and environmental protection to ensure public health and safety. It includes provisions for zoning districts, permitted uses, development standards, and administrative procedures. The chapter aims to promote sustainable development, preserve the city's character, and enhance property values while providing a comprehensive framework for managing land use in the city.

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0% found this document useful (0 votes)

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Dec 2021 Combined Udc

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You are on page 1/ 392

UNIFIED DEVELOPMENT CHAPTER

Chapter 50 of the City of Duluth

Legislative Code

Amended December 2021

TABLE OF CONTENTS
ARTICLE ONE: GENERAL PROVISIONS
50-1 HOW TO USE THIS UNIFIED DEVELOPMENT CHAPTER ...............................................1-1

50-2 PURPOSE ....................................................................................................................................................1-1

50-3 FINDINGS OF FACT...............................................................................................................................1-2

50-4 CITATION...................................................................................................................................................1-3

50-5 EFFECTIVE DATE...................................................................................................................................1-3

50-6 APPLICABILITY ......................................................................................................................................1-3

50-7 EFFECT OF CHAPTER..........................................................................................................................1-4

50-8 RELATIONSHIP TO THE COMPREHENSIVE LAND USE PLAN .....................................1-4

50-9 CONFLICTING REGULATIONS OR PROVISIONS ..................................................................1-5

50-10 INTERPRETATION................................................................................................................................1-5

50-11 TRANSITION REGULATIONS ..........................................................................................................1-6

50-12 SEVERABILITY........................................................................................................................................1-7

ARTICLE TWO: ZONE DISTRICTS

50-13 GENERAL PROVISIONS ......................................................................................................................2-1

50-14 RESIDENTIAL DISTRICTS.................................................................................................................2-5

50-15 MIXED USE DISTRICTS ...................................................................................................................2-20

50-16 FORM DISTRICTS ...............................................................................................................................2-38

50-17 SPECIAL PURPOSE DISTRICTS...................................................................................................2-48

50-18 OVERLAY DISTRICTS .......................................................................................................................2-55

ARTICLE THREE: PERMITTED USES
50-19 PERMITTED USE TABLE ...................................................................................................................3-1

50-20 USE SPECIFIC STANDARDS...........................................................................................................3-12

ARTICLE FOUR: DEVELOPMENT STANDARDS

50-21 DIMENSIONAL STANDARDS...........................................................................................................4-1

50-22 BUILDING FORM STANDARDS......................................................................................................4-5

50-23 CONNECTIVITY AND CIRCULATION .......................................................................................4-45

50-24 PARKING AND LOADING ...............................................................................................................4-49

50-25 LANDSCAPING AND TREE PRESERVATION........................................................................4-59

50-26 SCREENING, WALLS AND FENCES ............................................................................................4-69

50-27 SIGNS .........................................................................................................................................................4-75

50-28 STORM WATER DRAINAGE AND EROSION CONTROL..............................................4-105

50-29 SUSTAINABILITY STANDARDS...............................................................................................4-106

50-30 DESIGN STANDARDS.....................................................................................................................4-109

50-31 EXTERIOR LIGHTING....................................................................................................................4-115

50-32 HOUSING AND PROPERTY MAINTENANCE CODE.......................................................4-118

50-33 PLATS.....................................................................................................................................................4-119

50-34 MAINTENANCE AND OPERATING STANDARDS ...........................................................4-124

ARTICLE FIVE: ADMINISTRATION AND PROCEDURES

50-35 SUMMARY TABLE .................................................................................................................................5-1

50-36 REVIEWERS AND DECISION-MAKERS......................................................................................5-2

50-37 REVIEW AND APPROVAL PROCEDURES.................................................................................5-6

50-38 NONCONFORMITIES.........................................................................................................................5-47

50-39 ENFORCEMENT AND PENALTIES .............................................................................................5-53

ARTICLE SIX: DEFINITIONS
50-40 RULES OF CONSTRUCTION .............................................................................................................6-1

50-41 DEFINITIONS ...........................................................................................................................................6-2

APPENDICES
APPENDIX A: ZONING MAP

APPENDIX B: NATURAL RESOURCES OVERLAY

50-1 How to Use

ARTICLE ONE. GENERAL PROVISIONS.

50-1 HOW TO USE THIS UNIFIED DEVELOPMENT CHAPTER.

1. Consult the zoning map. Consult the zoning map to identify the base zone district for your propert y .
There are four types of base zone districts: Residential (R), Mixed Use (MU), Form (F) and S pec ial
Purpose (SP);
2. Review your base zone district. Find the description of that base zone district in A rt ic le II. In s ome
cases there are special controls or procedures that apply to the base zone district;
3. Review the overlay zone districts. Also review Section 50-18 in Article II to determine if your property
is included in any of the city’s four overlay zone districts – the Natural Resources Overlay (NR-O),
Airport Overlay (AO), Historic Resources Overlay (HR-O), or Skyline Parkway Overlay (SP-O). Each
overlay includes additional development regulations that modify the base district regulations. It is
particularly important that you review the Natural Resources Overlay in Section 50-18.1, because
federal, state, or local environmental controls may determine what parts of the property may be
developed;
4. Find permitted uses of property. Review the permitted use table in Article III to det ermine whet her
your proposed use of the property is permitted by right, or available as a special use, or is prohibited
in your base zone district. Article III also contains use-specific standards that control how some uses
may be developed or operated;
5. Review what development standards apply. Review Article IV to determine what type and size of
structure may be constructed on your property and what quality standards will apply to the
development. If your property is located in a Form District (one that begins with an “F”), only specific
types of structure will be allowed, and those structure types are explained in Section 50-22. If y our
property is located in an R, MU, or SP district, the basic lot and building requirements are found in
Section 50-21. The remaining provisions of Article IV apply to all zone districts;
6. Find what procedures may be required. If your proposed use requires a special use permit, y ou will
need to follow the process for obtaining that permit as described in Article V. If your proposed
development requires any other types of approvals (for example, a variance from setbac k
requirements), those procedures are also described in Article V. (Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10096, 7-18-2011, § 1.)

50-2 PURPOSE.
The purpose of this unified development chapter is to protect public health, safety, and welfare and to
implement the goals and objectives of the comprehensive land use plan using those authorities over t he
development, redevelopment, use, and occupancy of land and structures, and over the protection of t he
environment, granted to the city by the state. This general purpose includes, but is not limited to, the
following:
(a) To provide for more sustainable development within the city by reducing carbon emissions,
vehicle miles travelled, energy consumption, and water consumption, and by encouraging
production of renewable energy and food production;
(b) To control or eliminate soil erosion and sedimentation within the city;
(c) To protect and enhance the city’s attractions to residents, tourists and visitors, and s erve as a
support and stimulus to business and industry;
(d) To enhance the visual and aesthetic character, diversity and interest of the city;
(e) To promote the use and preservation of historic landmarks and districts for the educational and
general welfare of the people of the city;
(f) To regulate erection and maintenance of signs in the city in order that signs might fulfill t heir
necessary and useful function in such a way to preserve the public welfare and safety;
(g) To preserve the integrity of residential areas and the character and dignity of public struct ures,
parks and other open spaces;
(h) To enhance property values and the general appearance and natural beauty of the city;
(i) To protect the public investment in streets and highways;

Article 1, Page 1 (UDC 12/21)

50-2 Purpose

(j) To establish a comprehensive system of sign controls governing the display, design,
construction, installation and maintenance of signs and to promote the orderly and effective
display of outdoor advertising;
(k) To promote, preserve, and enhance the water resources and environment within the city and
protect them from adverse effects caused by poorly sited or incompatible development in
wetlands, shorelands and floodplains. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096,
7-18-2011, § 2; Ord. No. 10192, 12-17-2012, § 1.)

50-3 FINDINGS OF FACT.

The council hereby finds that:
(a) In order to implement the comprehensive land use plan and to promote the orderly development
and redevelopment of property in the city, several ordinances related to land use, permitted
construction, and environmental protection need to be consolidated into a single unified
development chapter;
(b) Regulation of permitted uses in each zone district, and the designation of uses that require t he
issuance of a special use permit, are necessary to protect the comprehensive land use plan and
to conserve and protect property and property values in neighborhoods;
(c) The regulation of the creation of subdivision plats and the creation of individual building lots in the
city is necessary to ensure accuracy and consistency in legal descriptions of land, to ensure t hat
all created lots have adequate access to roads, to ensure that adequate public services are
available to serve new development, and to protect the environment;
(d) The provision of a residential-planned zone district is necessary to encourage a variety of
housing types within established neighborhoods while maintaining the character and vitality of
such neighborhoods, and to allow variation in the relationship of uses and required yards in
developments compatible with the massing, use and scale of structures within established
neighborhoods;
(e) The provision of a mixed use-commercial zone district is necessary to ensure orderly and
attractive commercial growth in areas of the city that exhibit sensitive environment al problems ,
traffic congestion or other characteristics of urban sprawl, and that individualized review of the
design of development within the zone district is necessary in order to minimize blighting
influences on surrounding uses and neighborhoods, reduce adverse effects of development on
the natural environment, enhance the visual and aesthetic quality of development and ensure the
provision of adequate and cost efficient public facilities;
(f) The provision of a mixed use-business zone district is necessary in order to provide for modern
light industrial developments of attractive integrated design and function while also
accommodating older light industrial developments in the city;
(g) Regulation of land disturbance activities is necessary to control or eliminate soil erosion and
sedimentation within the city. It establishes standards and specifications for conservation
practices and planning activities that minimize soil erosion and sedimentation and provides a
permit system to secure the enforcement of these standards and specifications ;
(h) The preservation, protection, perpetuation and use of areas, places, structures, lands, dist ricts
and other objects having a special historical, cultural or aesthetic interest or value is a public
necessity and is required in the interest of public health, prosperity, safety and welfare of the
people of the city;
(i) Protection of the water resources found within the city is necessary for the public good. Thes e
water resources relate strongly to other valuable natural resources that include, but are not
limited to, air, soil, plants, animals and scenic and aest hetic values. Uncontrolled and
inadequately planned use of natural resources adversely affects the public health, safety and
general welfare by contributing to pollution, erosion, flooding and other environmental problems,
and by creating nuisances, impairing other beneficial uses of environmental and natural
resources or destroying the resources themselves, impairing the quality of life of the community ,
impairing the local tax base and hindering the ability of the city to provide adequate wat er, flood
and fire protection and other community services. In addition, extraordinary public expenditures
may be required for the protection of persons and property in areas that may be affected by
unplanned land usage;

Article 1, Page 2 ( UDC 12/21)

50-3 Findings of Fact

(j) Regulation of the erection and maintenance of signs is necessary to ensure that signs fulfill t heir
function in such a way to preserve the public welfare and safety; to preserve the integrity of
residential areas and the character and dignity of public structures, parks and other open spaces;
to enhance property values and the general appearance and natural beauty of the city; to protect
the public investment in streets and highways; to assure creation of an attractive business
environment and to promote the orderly and effective display of outdoor advertising;
(k) Regulation of the use of private rights-of-way, or portions of public rights-of-way, by nearby
private development is necessary to protect the public health, safety, and welfare of auto and
bicycle users as well as pedestrians, and to avoid congestion of streets, sidewalks and walkways;
(l) Wireless telecommunications facilities may pose significant concerns to the health, safety, public
welfare, character and environment of the city and its inhabitants. The city also rec ognizes t hat
facilitating the development of wireless service technology can be an economic development
asset to the city and of significant benefit to the city and its residents. This Chapt er int ends t o
minimize impacts of wireless telecommunications facilities, establish a fair and efficient proc es s
for review and approval of applications, assure an integrated, comprehensive review of
environmental impacts of such facilities, and protect the health, safety and welfare of the city.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 3.)

50-4 CITATION.
This ordinance may be cited as the Duluth unified development chapter (UDC) and cited as Chapter 50 of
the Code. (Ord. No. 10044, 8-16-2010, § 6.)

50-5 EFFECTIVE DATE.

The effective date of this UDC is November 19, 2010. (Ord. No. 10044, 8-16-2010, § 6.)

50-6 APPLICABILITY.
This Chapter shall apply to all lands within the boundaries of the city unless specifically exempted by t he
terms of specific sections of this UDC or unless applicability is prohibited by law. (Ord. No. 10044,
8-16-2010, § 6.)

Article 1, Page 3 (UDC 12/21)

50-7 Effect of Chapter

50-7 EFFECT OF CHAPTER.

50-7.1 Compliance required.

Following the adoption of this Chapter, (1) no land shall be used, and (2) no structure shall be erec t ed,
converted, enlarged, reconstructed, moved, structurally altered, or used, and (3) no platted lot or t rac t of
land shall be created or modified, and (4) the minimum yards, parking spaces, and open spaces,
including lot area per family existing on July 14, 1958, or for any structure constructed after that date shall
not be encroached upon or considered as part of the yard or parking space or open space required of any
other lot or structure, except in accordance with all provisions of this ordinance that apply in the zone
district where the property is located and to the type of use, structure or development in ques t ion and in
accordance with all provisions and conditions attached to any approval or permit granted for the use,
structure, activity or development. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 4.)

50-7.2 One principle structure per lot.

Except as specifically provided in this Chapter, every structure erected or altered after November 19,
2010, shall be located on a lot as defined in this Chapter. There shall be only one principle st ruct ure on
one lot unless a specific exception is stated in this UDC;
Accessory structures shall not be constructed or occupied prior to the construction and occupation of t he
principle structure without prior written approval from the Land Use Supervisor unless allowed in 50-
20.5.J. The Land Use Supervisor may attach reasonable conditions to the approval, which shall include
but is not limited to a financial security to guarantee removal of the accessory struct ure if t he princ iple
structure is not constructed within two years of the accessory structure’s construction;
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 4; Ord. No. 10723, 12-14-2020, § 1)

50-7.3 Permits and approvals required.

Following the adoption of this Chapter, no person shall use land, or erect or modify a structure, or c reate
or modify a platted lot within the city without first receiving any approvals or permits required by this
Chapter for such use, structure or lot. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 4.)

50-8 RELATIONSHIP TO THE COMPREHENSIVE LAND USE PLAN.

A primary intent of this Chapter is to implement the goals and objectives of the comprehensive land us e
plan, as that plan may be amended by the council from time to time. The provisions of this Chapt er will
be interpreted liberally to achieve the goals and objectives of the comprehensive land use plan while
remaining consistent with all applicable requirements of federal and state law. (Ord. No. 10044,
8-16-2010, § 6.)

Article 1, Page 4 ( UDC 12/21)

50-9 Conflcting Regulations

50-9 CONFLICTING REGULATIONS OR PROVISIONS.

In their interpretation and application, the provisions of this Chapter shall be construed to be the minimum
requirements for the promotion of public health, safety and general welfare. It is not intended that this
Chapter interfere with, abrogate or annul any other resolution or rules, regulations or permits previous ly
adopted or issued or that shall be adopted or issued not in conflict with any of the provisions of this
Chapter. If there is a conflict or alleged conflict between regulations related to this Chapter, the land use
supervisor shall determine which provision applies. (Ord. No. 10044, 8-16-2010, § 6.)
50-9.1 Provisions of this chapter.
In the case of conflict between one part of this Chapter and any other part of this Chapter, the more
restrictive provision shall apply, except that provisions of overlay zone districts shall prevail over other
provisions of this Chapter regardless of whether they are less or more restrictive. (Ord. No. 10044,
8-16-2010, § 6.)

50-9.2 Municipal ordinances or regulations.

In the case of a conflict between any part of this Chapter with any other provision of the city code or
ordinance of the city, the more restrictive provision shall apply. (Ord. No. 10044, 8-16-2010, § 6.)

50-9.3 Other ordinances or regulations.

In the case of a conflict between any part of this Chapter and any other public law, ordinance, or
regulation, the provisions that are more restrictive or that impose higher standards or requirement s s hall
govern, unless state or federal law requires a different outcome. (Ord. No. 10044, 8-16-2010, § 6.)

50-9.4 Third-party private agreements.

This Chapter is not intended to interfere with, abrogate, or annul any easements, covenants or other
private agreements between parties. However, where this Chapter imposes a greater restriction or higher
standards or requirements upon the use of land, structures or premises than those imposed or required
by other easements, covenants or agreements, the provisions of this Chapter shall govern . Not hing in
this Chapter shall modify or repeal any private covenant or deed restriction, but such covenant or
restriction shall not excuse any failure to comply with this Chapter. In no case shall the city be obligated to
enforce the provisions of any easements, covenants or agreements between private parties . (Ord. No.
10044, 8-16-2010, § 6. Ord. No. 10096, 7-18-2011, § 5.)

50-10 INTERPRETATION.
1. The land use supervisor shall be authorized to interpret the provisions of this Chapter unless a different
city official is specifically designated in this Chapter to make a particular interpretation. The decis ions of
the land use supervisor are subject to appeal as described in Article V;
2. Land use supervisor interpretations affecting specific projects or property. Notice shall be provided by
first class mail to owners of property located within 100 feet of any land use supervisor interpretations
when the land use supervisor determination is limited in application to a specific project or propert y . The
notice shall be mailed within 10 days of the date the interpretation is made. This requirement does not
apply to land use supervisor determinations made under Section 50-37.1.L;
3. A notice of an interpretation of the land use supervisor that is not limited to any one s ubject propert y
but applies to an area or region of the city such as all property within a specific zone district, shall be
noticed in a newspaper of general circulation at least twice within 21 days of the date of the interpretation,
and shall also be published on the City’s website within 10 days of the date of the interpretation being
made;
4. Notices under this section shall not be deemed to be effective until the later of the dat e of mailing or
publication; (Ord. No. 10044, 8-16-2010, § 6, Ord. No. 10723, 12-14-2020, § 2)

Article 1, Page 5 (UDC 12/21)

50-11 Transition Regulations

50-11 TRANSITION REGULATIONS.

50-11.1 Approved projects.

A. Validity.
Permits and approvals that are valid on November 19, 2010, shall remain valid until their expiration dat e.
Projects with valid approvals or permits may be carried out in accordance with the development
standards in effect at the time of approval, provided that the permit or approval is valid and has not
lapsed;

B. Changes.
Nothing in this Chapter shall require any change in the plans, construction, size or des ignated us e of a
structure or part of a structure for which a building permit has been granted or for which plans were on file
with the building official before November 19, 2010, provided that construction pursuant to the building
permit begins before the building permit expires. If any of these requirements have not been fulfilled or if
the building operations are voluntarily discontinued for a period of 90 days, any further construction s hall
be in conformity with the provisions of this Chapter;

C. Extensions and re-application.

The decision-making body that granted the original approval may renew or extend the time of a previous
approval if the required standards or criteria for approval remain valid. Any extension granted shall not
exceed the time specified for the extension of the specific permit approval in this Chapter. Any re-
application for an expired project approval shall meet the standards in effect at the time of re-applicat ion.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 6.)

50-11.2 Applications in progress.

A. Completed applications.
Complete applications for permits and other approvals pursuant to this Chapter that have been accept ed
as complete and are pending approval on November 19, 2010, may, at the applicant’s option, be
reviewed wholly under the terms of the previous chapters of the City Code. If approved, t hes e projec t s
may be carried out in accordance with the development standards in effect at the time of application. Any
re-application for an expired permit shall meet the standards in effect at the time of re-applic at ion. The
applicant may not choose to have some parts of the previous chapters and other parts of the current
Chapter apply to the project;

B. No applications submitted.
Projects for which an application (including all required supporting materials) has not been submitted and
accepted as complete prior to November 19, 2010, shall be subject to all requirements and standards of
this Chapter;

C. Expiration.
Regardless of whether or not a completed application has been received prior to the adoption of this
Chapter, any permit or approval issued following the adoption of this Chapter shall be subject to any
provisions for the lapsing of that type of permit or approval contained in this Chapter. (Ord. No. 10044,
8-16-2010, § 6.)

Article 1, Page 6 ( UDC 12/21)

50-11 Transition Regulations

50-11.3 Special use permits deemed approved.

If (a) a use of land or structure was listed as a permitted use in a specific zone district under the previous
sections of the City Code consolidated into this Chapter, and (b) that use of land or structure was
established prior to the adoption of this Chapter, and (c) the same use of land or property is now listed as
a special use in the same zone district, then the established use shall be deemed to have received a
special use permit and shall be a legal, conforming use of land. Upon documentation by the property
owner that the use was established prior to approval of this Chapter, the land use supervisor shall provide
written confirmation of the legal, conforming status of the use. (Ord. No. 10044, 8-16-2010, § 6.)

50-11.4 Violations continue.

Any violation occurring under previous sections of the city code consolidated into this Chapter will
continue to be a violation under this Chapter and be subject to penalties and enforcement pursuant to
Section 50-39, Enforcement and penalties, unless the use, development, construction, or ot her ac tivit y
complies with the provisions of this Chapter. Any violation issued prior to the adoption date of this
Chapter shall be subject to the fines and penalties of the previous ordinance unless the violat ion is not
addressed by the property owner and is reissued by the city after the adoption of this Chapter, in whic h
case the violation shall be subject to the fines and penalties in Section 50-39. (Ord. No. 10044,
8-16-2010, § 6.)

50-11.5 Nonconformities continue.

Any nonconformity under previous sections of the Code consolidated into this Chapter will also be a legal
nonconformity under this Chapter, as long as the situation that resulted in the nonconforming status under
the previous Code section continues to exist. If a nonconformity under the previous code section
becomes conforming because of the adoption of this Chapter, then the situation will no longer be a
nonconformity. (Ord. No. 10044, 8-16-2010, § 6.)

50-12 SEVERABILITY.
If any provision or section of this Chapter is determined to be invalid, illegal, or inoperative for any reason,
or to constitute a taking or deprivation of property in violation of the constitutions of the state or of the
United States, that provision or section shall be severed from the remaining provisions of the Chapter,
and the remainder of this Chapter shall remain effective and fully operative as far as possible. (Ord. No.
10044, 8-16-2010, § 6.)

Article 1, Page 7 (UDC 12/21)

Article 1, Page 8 ( UDC 12/21)
50-13 General Provisions Districts

ARTICLE TWO. ZONE DISTRICTS.

50-13 GENERAL PROVISIONS DISTRICTS.

50-13.1 Purpose.
This Article establishes the base and overlay zone districts available in the city to regulate land and
implement the comprehensive land use plan. It also contains basic information pertaining to the districts,
including statements of purpose and dimensional standards. Article III, Permitted Uses, identifies the
uses allowed within each districts. Article IV, Development Standards, contains the site layout and
building design standards that apply to development in the districts. (Ord. No. 10044, 8-16-2010, § 6.)
50-13.2 Article organization.
A. Section 50-13, General provisions, establishes the zone districts and contains basic information
pertaining to all districts and the zoning map;
B. Section 50-14, Residential districts, describes the residential districts and includes purpose
statements, dimensional requirements, photographic examples of typical structures, graphic sketches
of allowed development and district-specific standards if applicable;
C. Section 50-15, Mixed use districts, describes the mixed use districts and includes purpose
statements, dimensional requirements, photographic examples of typical structures, graphic sketches
of allowed development and district-specific standards if applicable;
D. Section 50-16, Form districts, describes the form-based districts and includes purpose s tat ement s,
regulating standards and regulating graphics of typical structures;
E. Section 50-17, Special purpose districts, describes the special purpose districts and includes purpose
statements, dimensional requirements, photographic examples of typical structures, graphic sket ches
of allowed development and district-specific standards if applicable;
F. Section 50-18, Overlay districts, identifies the overlay districts and includes purpose statements and
any district-specific standards. (Ord. No. 10044, 8-16-2010, § 6.)

Article 2, Page 1 (UDC 12/21)

50-13 General Provisions Districts

50-13.3 Zone districts established.

For the purposes of this Article, the city is hereby divided into districts, as follows:

Table 50-13.3-1: Zone Districts Established

District Type Abbreviation District Name

R-C Rural-Conservation
RR-1 Residential-Rural 1
RR-2 Residential-Rural 2
Residential
R-1 Residential-Traditional
R-2 Residential-Urban
R-P Residential-Planned
MU-N Mixed Use-Neighborhood
MU-C Mixed Use-Commercial
MU-I Mixed Use-Institutional
Mixed Use
MU-B Mixed Use-Business Park
MU-W Mixed Use-Waterfront
MU-P Mixed Use-Planned
F-1 Form District 1
F-2 Form District 2
F-3 Form District 3
F-4 Form District 4
Form Based F-5 Form District 5
F-6 Form District 6
F-7 Form District 7
F-8 Form District 8
F-9 Form District 9
I-G Industrial-General
I-W Industrial-Waterfront
Special Purpose
P-1 Park & Open Space
AP Airport
NR-O Natural Resources Overlay
A-O Airport Overlay
Overlay SP-O Skyline Parkway Overlay
HR-O Historic Resources Overlay
HE-O Higher Education Overlay
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10192, 12-17-2012, § 2.; Ord. No 10355, 4-13-
2015, § 2)

Article 2, Page 2 ( UDC 12/21)

50-13 General Provisions Districts

50-13.4 Zoning map.

A. Zoning map.
The boundaries of the districts set out in Table 50-13.3-1 are hereby established as shown on t he c it y’s
official zoning map, as that map may be updated by council from time to time. That map shall be
maintained by the city and is hereby made a part of this Chapter and incorporated by reference;

B. Zoning map amendments.

Procedures for amending the zoning map are in Article V of this Chapter;

C. Questions regarding zoning designations.

In the event of uncertainty regarding zoning designations or the exact boundaries of any zone district, the
land use supervisor shall make a determination based upon the interpretation rules in subsection D
below. The land use supervisor’s determination shall be subject to appeal pursuant t o A rt icle V of t his
Chapter;

D. Interpretation of map boundaries.

Where uncertainty exists with respect to the boundaries of the districts shown on t he z oning map, t he
land use supervisor’s decision shall be based on the following standards:
1. Where a district is bounded by a street, alley or other public way, the centerline of the street,
alley, or other public way shall be construed to be the boundary of the district;
2. Boundaries delineated by lot lines shall follow those lot lines;
3. Boundaries delineated by railroad lines shall be midway between the main tracks or the centerline
of a single track;
4. Boundaries dividing a lot or transecting un-subdivided land shall be determined us ing t he sc ale
appearing on the zoning map, unless the boundary location is indicated by dimensions shown on
the map;
5. Boundaries shown parallel to or as extensions of features indicated in this s ubsect ion s hall be
interpreted as such. Distances not specifically indicated on the zoning map shall be det ermined
by the scale of the map;
6. Where the description of the property is contained in an ordinance, the metes and bounds
description of the property in the ordinance shall control over the zoning map. When a metes and
bounds description contained in an ordinance is for an unplatted tract of land, the land use
supervisor is authorized the make the appropriate modifications to the zoning map at the time the
property is platted so that the boundaries of the zone district coincide with the newly created
property lines;
7. Whenever any street, alley or other public way is vacated by official action of the council, the
zone district adjoining each side of such street, alley, or public way shall be automatically
extended to the center of such vacated street, alley or public way, and all areas included in t he
vacated street, alley or public way shall be subject to all regulations of the extended district,
unless otherwise approved by council;

E. Relationship to overlay districts.

All lands within the city shall be designated as one of the base zone districts listed in Table 50-13-1. In
addition, some lands may be located within one or more of the overlay districts listed in that table. Where
the property is designated as an overlay district, the regulations governing development in the overlay
district shall apply in addition to the regulations governing development in the underlying base district. In
the event of an express conflict between the two sets of standards, the standards for the overlay dis t ric t
shall control;

Article 2, Page 3 (UDC 12/21)

50-13 General Provisions Districts

F. Annexed territory.
All territory annexed to the city after November 19, 2010, shall be automatically classified as R-C, unt il a
different zone district is assigned by council. In a newly annexed area classified as R-C, no permit for
construction of a building other than a single-family dwelling or accessory building permitt ed in an R-C
district shall be issued by the city until such permit has been specifically authorized by council, or until the
area is reclassified according to the rezoning procedures in Article V;

G. Structure of zone district standards.

1. Each of the following base zone district sections has a common structure consisting of a purpos e
statement and one or more of the following graphic illustrations, each of which is numbered for
reference purposes.
(a) One or more tables setting out the district’s bulk and dimensional requirements;
(b) A photograph representative of typical building forms;
(c) A graphic depiction of the district’s primary bulk and dimensional standards;
2. The graphic illustrations in this Chapter are intended to illustrate the primary dimensional
standards and the general character of each district, and do not necessarily reflect all the
standards that may apply to a particular development. All development is subject to all
dimensional standards of this Chapter, all applicable overlay district standards in this Chapter, the
applicable use-specific standards in Article III, and the applicable requirements of Article IV.
(Ord. No. 10044, 8-16-2010, § 6.)

Article 2, Page 4 ( UDC 12/21)

50-14 Residential Districts

50-14 RESIDENTIAL DISTRICTS.

50-14.1 General purposes of residential zone districts.
The residential zone districts are intended to:
A. Provide appropriately located areas for residential development that are consistent with the
comprehensive land use plan and with the public health, safety, and general welfare;
B. Ensure adequate light, air, and privacy for all dwelling units;
C. Protect the scale and character of existing residential neighborhoods and the community;
D. Discourage any use that, because of its character or size, would create additional requirement s and
costs for public services that are in excess of such requirements and c osts if the district were
developed solely for the intended type of residential uses;
E. Provide a mechanism – the R-P zone district – through which certain listed non-residential uses t hat
serve neighborhoods can be integrated into residential developments. (Ord. No. 10044, 8 16 2010, §
6.)

Article 2, Page 5 (UDC 12/21)

50-14 Residential Districts

50-14.2 Rural-Conservation (R-C).

A. Purpose.
The R-C district is established to accommodate low- TABLE 50-14.2-1
density, single-family detached residential uses on R-C DISTRICT DIMENSIONAL STANDARDS
parcels of at least ten acres each in areas where the LOT STANDARDS
comprehensive land use plan calls for protection of Minimum lot area per family
rural character. The district encourages development (calculated to include any highway easements or 10 acres
designs that conserve open space and natural parts of highway easements within the original
parcel of land)
resources and preserve rural character. Compli-
mentary uses such as limited agriculture, parks, minor Minimum lot frontage (ft) 250 ft.
utilities and certain temporary uses are allowed as STRUCTURE SETBACKS
shown in Table 50-19.8. Minimum depth of front yard (ft) 60 ft.
Minimum width of side yard (ft) 25 ft.
Minimum depth of rear yard (ft) 50 ft.
STRUCTURE HEIGHT
Maximum height of building (ft) 30 ft.
Section 50.21 Dimensional standards contains additional regulations
applicable to this district.

B. Example.

Article 2, Page 6 ( UDC 12/21)

50-14 Residential Districts

C. Illustration.
R-C Example Lot Layout

D. Development standards.
All homesites in the R-C zone district shall be located so as to preserve the rural character of the dis t ric t
and to avoid unnecessary fragmentation of the rural landscape by:
1. Designating a portion of the site containing no more than one acre of land in compact
configuration as the homesite in which the primary dwelling and all major accessory buildings will
be located;
2. Locating the homesite either (1) adjacent to a side or rear property line of the parcel, or (2) where
the primary structure is hidden from view from public rights-of-way by an intervening natural
feature such as a hillside, berm, or tree grove;
3. Locating the driveway leading from the public right-of-way to the homesite (1) as close t o a s ide
property line of the parcel as is reasonably possible without significant grading, vegetation, or
stream crossings, or (2) in another location that will minimize the fragmentation of field, pas ture,
or naturally vegetated areas. (Ord. No. 10044, 8-16-2010, § 6.)

Article 2, Page 7 (UDC 12/21)

50-14 Residential Districts

50-14.3 Residential-Rural 1 (RR-1).

A. Purpose.
The RR-1 district is established to accommodate
TABLE 50-14.3-1
large-lot, single-family detached residential uses, RR-1 DISTRICT DIMENSIONAL STANDARDS
typically surrounded by significant open space, on LOT STANDARDS
lots of at least 5 acres each. The district encour- Minimum lot area per family
ages distinctive neighborhoods with a semi-rural (calculated to include any highway easements or 5 acres
character. Complimentary uses such as limited parts of highway easements within the original
parcel of land)
agriculture, small-scale institutional uses, parks,
minor utilities and certain temporary uses are Minimum lot frontage 250 ft.
STRUCTURE SETBACKS
allowed as shown in Table 50-19.8.
Minimum depth front yard 60 ft.
Minimum width of side yard 25 ft.
Minimum depth of rear yard 50 ft.
STRUCTURE HEIGHT
Maximum height of building 30 ft.
Section 50.21 Dimensional standards contains additional regulations
applicable to this district.

B. Example.

Article 2, Page 8 ( UDC 12/21)

50-14 Residential Districts

C. Illustration.

RR-1 Example Lot Layout

(Ord. No. 10044, 8-16-2010, § 6.)

Article 2, Page 9 (UDC 12/21)

50-14 Residential Districts

50-14.4 Residential-Rural 2 (RR-2).

A. Purpose.
The RR-2 district is established to accommodate TABLE 50-14.4-1
single-family detached residential uses on lots of at RR-2 DISTRICT DIMENSIONAL STANDARDS
least two acres each. The district encourages LOT STANDARDS
distinctive neighborhoods with a suburban Minimum lot area per family 2 acres
character. The district may serve as a transition
Minimum lot frontage 100 ft.
between lower-density semi-rural areas and more STRUCTURE SETBACKS
intense residential or mixed use neighborhoods. Minimum depth front yard 35 ft.
Complimentary uses such as limited agriculture,
Minimum width of side yard 10 ft.
small-scale institutional uses, parks, minor ut ilit ies
Corner Lot: width of front side yard 25 ft.
and certain temporary uses are allowed as shown
in Table 50-19.8. Minimum depth of rear yard 25 ft.
STRUCTURE HEIGHT
Maximum height of building 30 ft.
Section 50.21 Dimensional standards contains additional regulations
applicable to this district.

B. Example.

Article 2, Page 10 ( UDC 12/21)

50-14 Residential Districts

C. Illustration.

RR-2 Example Lot Configuration

(Ord. No. 10044, 8-16-2010, § 6.)

Article 2, Page 11 (UDC 12/21)

50-14 Residential Districts

50-14.5 Residential-Traditional (R-1).

A. Purpose.

The R-1 district is established to TABLE 50-14.5-1

accommodate traditional neighborhoods R-1 DISTRICT DIMENSIONAL STANDARDS
of single-family detached residences, LOT STANDARDS
duplexes and townhouses on moderately Minimumfamily)
lot area per family (One- The smaller of 4,000 sq. ft. or average of
[1] [2]
developed 1-family lots on the block face
sized lots. This district is intended t o be Minimum lot area per family (Two- The smaller of 3,000 sq. ft. or average of
used primarily in established family) [1] [2] [3] developed 2-family lots on the block face
neighborhoods. Many of the dimensional Minimum lot area per family 3,000 sq. ft.
standards in this district require (Townhouse) [1]
The smaller of 40 ft. or average of
development and redevelopment to be Minimum lot frontage (one-family) [1] developed lots with similar uses on the block
consistent with development patterns, face
building scale, and building location of Minimum lot frontage (two-family and The average of developed lots with similar
uses on the block face, but not less than 40
nearby areas. Uses are allowed as townhouses) [1] feet.
shown in Table 50-19.8; STRUCTURE SETBACKS
Minimum depth of front yard The smaller of 25 ft. or average of adjacent
developed lots facing the same street

General 6 ft.
Minimum Lots with less with Combined width of side yards must be at
width of side
50 ft, but more least 12 ft., with no side yard less than 3 ft.
yard (one-
than 25 ft frontage wide
and two-
family) Lots with 25 ft or Combined width of side yards must be at
less of frontage least 8 ft., with no side yard less than 3 ft.
wide
10 ft. if adjacent to another lot
Minimum width of side yard (all other
principal structures) 25 ft. if adjacent to platted street

Corner Lot: Dwelling 15 ft.

width of front Detached
side yard 15 ft.
accessory building
All other Principal
25 ft.
Structures

Minimum depth of rear yard 25 ft.

STRUCTURE HEIGHT
Maximum height of bulding 30 ft.
[1] Determined using "Lots on the block face" definition. When doing
this calculation, exclude the subject lot from the calculation.
[2] Lots without municipal sewer must also meet requirements of 50-21.2.
[3] Existing structures that have a change of use from one-family to two-family

(Ord. No. 10042, 8-16-2010, § 1; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2-11. § 8; Ord.
No. 10192, 12-17-2012, § 3, Ord. No. 10659, 10-28-2019 § 2)

Article 2, Page 15 (UDC 12/21)

50-14 Residential Districts

50-14.7 Residential-Planned (R-P).

A. Purpose.
The R-P district is established to provide a flexible development option for residential projects that
integrate creative site design, provide a variety of housing types, provide unique on-site amenities,
conserve natural features, increase pedestrian connectivity , or otherwise result in a final product that
provides a greater level of public benefit than would be required under the existing zone district. Each R-
P district requires approval of an R-P regulating plan that includes the location, type and intensity of
proposed development and a description of public amenities or benefits included. Single-family
residences, two-family residences and townhouses, as well as accessory uses, are permitted, as s hown
in Table 50-19.8, provided projects are compatible in scale and character with the surrounding
neighborhood and are included in the approved R-P plan;

B. Examples.

C. Modifications.
An applicant may seek only the modifications in Table 50-14.7-1, based on demonstration of how the
proposal supports the purpose of the R-P district as stated in subsection 50-14.7.A and the following
desired R-P amenities:
1. Significant preservation and protection of natural resources and undeveloped areas, including
wetlands, trees, key habitat, and wildlife areas.
2. A higher level of sustainability, demonstrated in buildings, site design, and trans portat ion, t han
required by Section 50-28.
3. More efficient and effective use of streets, utilities, and public facilities to support high quality
development at a lesser cost.
4. Recreational facilities that are open to the public, such as parks and playgrounds.
5. Accommodations for and linkages to mass transit.
6. Creative site design as appropriate for the site, such as New Urbanist design for a walkable
community or conservation development for a rural neighborhood.
7. Bike lanes and trails within the development and connecting to other trails and destinations.
8. Pedestrian amenities such as benches, plazas, pedestrian-scaled lighting, traffic calming, and art.

Article 2, Page 16 ( UDC 12/21)

50-14 Residential Districts

Table 50-14.7-1: Modifications Allowed

Chapter Requirement Maximum Modification Allowed

Distance from property lines Reduction in setbacks; minimum 5’ setback from rights
of w ay

Lot frontage 25% decrease

Lot area, general 20% decrease

Lot area, w hen clustering is used to Overall density of the R-P district should demonstrate a
maximum of 20% decrease over base zone districts.
preserve open space
Individual lot sizes are allow ed up to a 50% decrease.

Building height Up to a 5’ increase

Landscaping 15% decrease

Street w idth As determined by city engineer

D. Applicability.
An R-P district shall only be established in the RR-1, RR-2 and R-1 districts provided the property meet s
the requirements in Table 50-14.7-2;
TABLE 50-14.7-2: Characteristics of High-Density and Low -Density in R-P Areas
Current zoning RR-1, RR-2, R-1
Minimum lot size 4 acres

E. Rezoning approval and regulating plan required.

The establishment of an R-P district requires rezoning the property per Section 50-37.3 from a current
zone district to R-P and the approval of an R-P plan per Section 50-37.11 that governs the uses, location,
density, dimensional standards and character of the proposed project.
In accordance with the purpose of the R-P district, approval of the R-P plan is deemed to include
subdivision approval; R-P districts are not required to submit a separate subdivision application under
Section 50-37.5;

F. Development standards.
1. The development standards of the base zone district(s) where the property is located shall apply
to any R-P zoned land unless waived or varied by the terms of an approved R-P regulating plan.
The ordinance approving an R-P district and the approved regulating plan shall identify the
previous base zone districts for each portion of the property;
2. Overall density in residential portions of the R-P shall follow the density requirements of the
previous zone district unless modified as part of the R-P plan;
3. Minimum percentage of property (excluding common open space) used for residential purpos es
shall be 66 percent;
4. Common open space. Adequate provisions shall be made for the permanent preservation and
maintenance of active or passive open space. Common open space shall not be less than 30
percent of the area of the project (not including right-of-way) and shall comply with the following
requirements:

Article 2, Page 17 (UDC 12/21)

50-14 Residential Districts

(a) Common open space shall include the shore and bluff impact zones;
(b) Common open space shall include, where possible, lands within the Skyline
Overlay;
(c) Common open space shall include, where possible, wetlands, floodplains, wildlife
areas, steep slopes, rock outcrops, tree stands and areas unsuitable for development in
their natural state;
(d) No more than one-quarter of the required common open space shall consist of
wetlands;
(e) Common open space shall not include areas within 25 feet of any structure, any
impervious surface, or the area between buildings within an individual cluster of buildings;
(f) At least 50 percent of the common open space shall be retained in a contiguous
area;
(g) Where possible, the design should utilize features such as veget at ion, fenc es ,
topography, roads or trails to delineate the boundary of the common open space to
minimize potential physical encroachments into the common open space by adjacent
homeowners;
(h) Common open space shall not include land within rights-of-way;
(i) Ownership of common open space. Common open space shall be owned and
managed by a property owners association and shall be encumbered through an
easement, restrictive covenant or other instrument suitable to the city;
5. All shoreland setbacks and other dimensional requirements from Section 50-18. 1 (NR-O) s hall
continue to apply and cannot be varied through the R-P process;

G. Required community meeting.

The applicant shall hold at least one community meeting to discuss the plan before submitting the plan for
review and approval by the city. Notice of the public meeting shall be mailed to all property owners within
350 feet outside the planning area boundaries, and the city shall provide the applicant with the names
and address of those property owners upon request. The applicant shall submit with the application
documentation that the community meeting has taken place, the date and time of the meeting, the
number of attendees, any issues raised regarding the plan and any responses to those concerns
incorporated in the plan;

H. Required rezoning application and regulating plan contents.

1. The rezoning application (approved per Section 50-37.3) shall include the following information:
(a) A concept map showing the property to be rezoned and general uses wit hin t he
area;
(b) Maximum residential densities and maximum square footage for nonres ident ial
land uses;
(c) Maximum building heights;
2. The regulating plan (approved per Section 50-37.11) shall cover all of the land in the proposed R-
P district and shall regulate all future development in the R-P district. An approved R-P plan is
required before any building permits may be issued within the R-P district. The R-P plan shall
include maps and text describing the following information:
(a) General layout of development areas and building parcels in relation to the
natural features to be protected and the proposed road, trail and bicycle circulation
systems;
(b) Lot sizes and widths, building setbacks, and maximum building heights for all
proposed development parcels;
(c) Previous base zone districts;
(d) A road, trail and bicycle circulation plan (including how the circulation may
intersect with transit use) and a description of proposed road, trail and bike route widths ,
trail surfaces, a proposal for maintenance of each road and trail (which may include

Article 2, Page 18 ( UDC 12/21)

50-14 Residential Districts

dedication to and maintenance by the city), and a statement as to whether public acces s
will be permitted on each road, trail, and bicycle route;
(e) A natural resources inventory and natural site features to be protected;
(f) Common open space to be provided, the location of that open space, a
calculation of proposed open space as a percentage of the total land area in the R-P
zone, a proposal for protection and maintenance of the open space over time and a
statement as to whether public access to the open space shall be provided;
(g) Permitted and special uses for the site, which shall be consistent with those
shown in Table 50-19.8; special uses listed in the R-P plan will need to apply for and
receive a special use permit prior to building;
(h) Maximum residential densities and maximum square footage for nonres ident ial
land uses;
(i) A plan describing the demand for and location of water, sewer, and utility servic e
to the property, including any additional right-of-way needed to accommodate those
utilities. In addition, the plan shall indicate all utilities that will be owned or maintained by
the public, and if any of those services are to be provided by the city or a public or quas i -
public district, and provide a statement as to whether the proposed facilities will meet t he
engineering and maintenance standards of that entity;
(j) Details on buffering or transitioning between uses of different intensities both on-
and off-site;
(k) A plan for stormwater collection and treatment that includes a summary of land
use and technical methods used to minimize storm water run-off from the site;
(l) Off street parking to be provided in driveways, surface lots and garages;
(m) Any public amenities, other than common open space, to be provided by the
applicant, together with a statement as to whether those amenities shall be available for
public use;
(n) Any required building types, form-based regulation or architectural design
requirements, as well as a description of how those standards will be maintained and
enforced over time;
(o) If a project involves construction over a period of time in two or more phas es , a
phasing plan demonstrating that each phase meets density requirement s, open s pac e
requirements, and provision of public amenities. Phasing plan shall include an
approximate time frame for each phase of development. The applicant shall provide
agreements, contracts, covenants, deed restrictions, and sureties acceptable to t he c it y
attorney for the completion of the development according to the approved R-P plan;
(p) Cross sections demonstrating the proportions of buildings and the relationship
between those buildings, pedestrian spaces, and the streetscape;

I. Previously approved developments.

All residential developments approved prior to November 19, 2010, as low-density planned developments
pursuant to Sections 50-36.1 through 50-36.3 of the previous zoning code shall be treated as approved
developments, and will be rezoned to the R-P zone district;

J. Amendments.
Applications to amend an existing R-P plan shall follow the process described in Section 50-37. 3 if t hey
relate to uses, densities, or height. All other amendments shall follow the process in Section 50-37. 11.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 9; Ord. No. 10192, 12-17-2012, § 4; Ord.
No. 10286, 3-10-2014, § 1.)

Article 2, Page 19 (UDC 12/21)

50-15 Mixed Use Districts

50-15 MIXED USE DISTRICTS.

50-15.1 General purposes of mixed use districts.

The mixed use districts are established to:
A. Increase opportunities for residents to live in close proximity to jobs and non-residential development;
B. Accommodate the mix of residential and non-residential land uses common in and around
downtown/waterfront areas, major universities and medical centers and along commercial corridors;
C. Encourage mixed use redevelopment, conversion and reuse of aging and underutilized areas, and
increase the efficient use of available commercial land in the city;
D. Create pedestrian-oriented environments that encourage transit use, pedestrian acces s, and more
sustainable land use patterns;
E. Ensure that the appearance and function of residential and non-residential uses are of high and
unique aesthetic character and quality, and are integrated with one another and the charact er of t he
area in which they are located. (Ord. No. 10044, 8 16 2010, § 6.)

Article 2, Page 20 ( UDC 12/21)

50-15 Mixed Use Districts

50-15.2 Mixed Use-Neighborhood (MU-N).

A. Purpose.

The MU-N district is established to TABLE 50-15.2-1

accommodate a mix of neighborhood-scale, MU-N DISTRICT DIMENSIONAL STANDARDS LOT STANDARDS
neighbor-hood serving non-residential uses One-family 4,000 sq. ft.
and a range of residential uses located in close Two-family 2,500 sq. ft.
proximity. This district accommodates both Minimum
area per
lot
Multi-family 500 sq. ft.
horizontal (uses located in separate structures) family Efficiency unit 380 sq. ft.
and vertical (uses located in the same building) Townhouse or live-work dwelling 2,200 sq. ft.
types of mixed use. Non-residential uses may No lot of record containing 5,000 sq. ft. or less shall be used except for a
include small-scale retail, service and profes- one- family dwelling or a permitted non-dwelling use
sional offices that provide goods and services Minimum lot One-family, two-family, or 30 ft.
to the residents of the surrounding frontage townhouse dwelling
neighborhood, as shown in Table 50-19.8; Multi-family or non-residential 50 ft.
STRUCTURE SETBACKS
The smaller of 20 ft. or
For all structures 35 feet in height average of adjacent
or less developed lots facing
Minimum the same street
depth of
front yard An additional 20 feet
For portions of all structures higher beyond the required
than 35 feet front yard setback
above
General, unless listed below 5 ft.
Non-residential use adjacent to
15 ft.
residential district or use
Minimum Non-residential use adjacent to
width of side 0 ft.
non-residential district or use
yard
Multi-family adjacent to single-
10 ft.
family district or use
Multi-family adjacent to multi-
0 ft.
family district or use
Minimum depth of rear yard 25 ft.
STRUCTURE HEIGHT
Non-residential use 45 ft.
Maximum
Residential or mixed use (general) 75 ft.
height of
building Residential or mixed use (within
45 ft.
500 ft. of R-1 or R-2 district)
Section 50.21 Dimensional standards contains additional regulations
applicable to this district.

B. Example.

Article 2, Page 21 (UDC 12/21)

50-15 Mixed Use Districts

D. Planning commission approval required.

1. A planning review by the planning commission, pursuant to the procedures in Article V , s hall be
required for all development and redevelopment, unless the applicant chooses to use the dis trict
plan option described below. Development may not proceed until the planning commission has
approved the project through planning review or the district plan option;
2. Any proposed rezoning of land from an R district into the MU-I district shall require the
preparation of a plan addressing how traffic, parking, and view impacts from the proposed
redevelopment will be minimized for those lands on nearby R district properties or mitigated
within existing MU-I lands, and planning review shall be based on that plan. The plan shall
include any land and facilities within the current MU-I district that will be used to support t he us e
or development of the property to be rezoned, and shall demonstrate how the rezoned and
existing institutional properties will functionally relate in terms of parking, circulation, noise, visual
impacts, and other applicable development standards;
3. Applicants that do not opt for approval of a district plan shall obtain separate approval for each
future expansion or development project through the planning review procedures pursuant to
Section 50-37.11, which may include requirements for special use permits or variances. Such
approval will require review of vehicle circulation and building scale;

E. District plan.
1. In an MU-I zone district that contains land and multiple buildings owned or operated by a s ingle
institution, the institution may choose to obtain approval of a district plan from the city as set fort h
in Section 50-37.4 or the ordinance amending the zoning applicable to the subject property to
MU-I may provide that the ordinance shall not be effective until 30 days after the ordinance’s
passage and publication or until the Land Use Supervisor files with the city clerk a copy of an
approved district plan for the subject property, whichever is later;
2. After a district plan that complies with this Section 50-15.4 is approved, all subsequent
development proposed by the institution that substantially complies with the density, location and
uses of the approved district plan shall be administratively approved by the land us e s upervis or
through the planning review process in Section 50-37.11 without the need for additional planning
commission review or public hearings;

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50-15 Mixed Use Districts

F. District plan requirements.

Planning area.
1. The planning area for the district plan shall include all the contiguous areas and properties under
the ownership and control of the institution. All maps submitted under this Section also shall
depict properties within 500 feet of the planning area boundaries;
Plan requirements.
2. A district plan shall, at a minimum, include the following information unless the land use
supervisor determines that some elements are not necessary to evaluate the institution’s fut ure
impacts on surrounding neighborhoods:
(a) A statement as to whether the institution intends to acquire any additional propert ies
in the surrounding area for conversion to institution uses over the ten year period,
and, if so, the general direction of that proposed expansion;
(b) A plan and description of the maximum amount of development of land and buildings
expected to occur within the planning area boundaries within over the next ten years,
including:
(i) Location of each potential new building or significant expansion of or
addition to existing buildings;
(ii) Maximum floor area and height of potential new buildings and additions
to and expansions of existing buildings;
(iii) Any setbacks and buffering from the external planning area
boundaries;
(iv) Total number and location of parking spaces that will be developed to
serve any new development;
(v) A statement of any sensitive natural areas or site features that will be
protected from development, and the measures to be taken to protect
them;
(vi) A statement as to any public improvements anticipated to be required
from the city or any public or quasi-public entity to serve the proposed
development;
(c) A transportation and parking management element that identifies traffic circulation
patterns, entry and exit points for traffic at the planning area boundaries, any
anticipated increases or decreases in traffic entering or exiting the planning area,
how parking needs and transit service will be accommodated within the planning area
and any measures to be used to mitigate traffic and parking impacts on surrounding
areas. If the district plan reflects an increase of ten percent or more in building gross
square footage or an increase of ten percent or more of employment or enrolled
students within the planning areas, the city may require that the institution bas e t his
element on a traffic and parking study prepared by a qualified consultant;
(d) An open space, trail and pedestrian/bicycle circulation element that des cribes how
those features will be integrated into the proposed development and connected to
similar features in the surrounding area;
(e) A massing plan showing the locations of all existing and planned buildings more t han
20 feet taller than the maximum height allowed in any adjacent residential zone
district, together with any design standards to be applied on those buildings to reduce
the degree to which those buildings obstruct views of Lake Superior from adjacent
residential neighborhoods;
(f) A description of any requested variation from the development standards in Article IV
that would otherwise apply to the planning area. Unless varied by the dis t rict plan,
the provisions otherwise applicable to the MU-I zone district will apply;
(g) The district plan may establish height limitations below the maximum hei ghts
established as permissible in the MU-I zone to better fit with the c haracter of
the surrounding neighborhood (including the height of existing structures), or
to limit potential impacts to access to light and air by nearby properties.

Article 2, Page 27 (UDC 12/21)

50-15 Mixed Use Districts

G. Community meeting.
The applicant shall hold at least one community meeting to discuss the district plan before submitting t he
plan for review and approval by the city. Notice of the public meeting shall be mailed to all property
owners within 350 feet outside the planning area boundaries, and the city shall provide the applicant wit h
the names and address of those property owners upon request. The applicant shall submit with the
application documentation that the community meeting has taken place, the date and time of the meeting,
the number of attendees, any issues raised regarding the district plan and any responses to those
concerns incorporated in the district plan;

H. Approval criteria.
The city shall approve an optional district plan if it finds that the application meets all of those district plan
approval criteria in Section 50-37.4C and in addition meets the following criteria:
1. The district plan complies with all applicable standards of this Chapter, or offers s ound reas ons
for variations from those standards;
2. The district plan mitigates any potential significant adverse impacts to surrounding areas –
including but not limited to traffic, parking, and visual obstruction of views of Lak e S uperior and
the St. Louis River to the extent reasonable;
3. Sufficient public safety, transportation and utility facilities and services are available to s erve t he
planning area at the proposed level of development, while maintaining sufficient levels of servic e
to existing and anticipated development in surrounding areas. (Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10096, 7-18-2011, § 11; Ord. No. 10769, 9-27-2021, § 1)

Article 2, Page 28 ( UDC 12/21)

50-15 Mixed Use Districts

50-15.5 Mixed Use-Business Park (MU-B).

A. Purpose.
The MU-B district is intended to accommodate TABLE 50-15.5-1
modern light industrial and technology-based MU-B DISTRICT DIMENSIONAL STANDARDS
developments of attractive integrated design and STRUCTURE SETBACKS
function. The development standards for this General 25 ft.
district are intended to ensure that projects Minimum depth of Lots with less than 250 ft. Larger of 10 ft.
minimize adverse impacts on surrounding uses front yard average depth or 10% of lot
depth
and neighborhoods, reduce impacts on the natural
environment, enhance the visual quality of Adjacent to residential use
Minimum width of 6 ft.
or district
development and ensure the provision of side yard
adequate and cost-efficient public facilities. General 0 ft.
Adjacent to residential use or 10 ft.
Intended uses include wholesaling, industrial Minimum depth of district
services, research laboratories, and light rear yard
General 0 ft.
manufacturing needed to support the community
STRUCTURE HEIGHT
and region at large, as shown in Table 50-19.8;
General 60 ft.
Maximum height
of building Within 500 ft. of R-1 or R-2
district 45 ft.

Section 50.21 Dimensional standards contains additional regulations

applicable to this district.

B. Example.

Article 2, Page 29 (UDC 12/21)

50-15 Mixed Use Districts

C. Illustration.

D. Development standard.
In portions of the MU-B zone district developed after May 7, 1979, (a) all truck loading, unloading, and
maneuvering areas shall be constructed in side or rear yard areas with a durable dust free material
having a smooth hard surface, and shall be defined on all sides by raised cast-in-pace c oncret e curbs ,
and (b) all truck loading, unloading, and maneuvering operations shall be conducted so that no truck
movement interferes with ingress or egress of traffic on a street and no truck shall be required to back
into loading areas from a street. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10232, 6-10-2013, § 3, Ord
No. 10468, 8-29-2016, §3)

Article 2, Page 30 ( UDC 12/21)

50-15 Mixed Use Districts

50-15.6 Mixed Use-Waterfront (MU-W).

A. Purpose

The MU-W district is intended to provide for TABLE 50-15.6-1

waterfront-dependent commercial uses and medium DIMENDDID MU–W DISTRICT DIMENSIONAL STANDARDS
to high density residential development. Intended LOT STANDARDS
non-residential uses include visitor-related retail and Townhouse or live-work
2,200 sq. ft.
Minimum lot dwelling
services, lodging, recreational facilities and marit ime area per
uses, as well retail and service uses that take family Multi-family 500 sq. ft.
advantage of the waterfront setting, as shown in Efficiency unit 380 sq. ft.
Table 50-19.8. Development may include horizontal Minimum lot frontage 50 ft.
or vertical mixed use, and should facilitate transit and STRUCTURE SETBACKS
pedestrian connections between developments and Minimum depth of front yard 0 ft.
the surrounding areas and community; Minimum width of side yard 25 ft.
Minimum depth of rear yard 25 ft.
STRUCTURE HEIGHT
Residential or mixed use 120 ft.
Maximum Non-residential 60 ft.
height of
building Within 500 ft. of R-1 district 35 ft.
Within 500 ft. of R-2 district 50 ft.
Section 50.21 Dimensional standards contains additional regulations
applicable to this district.

B. Example.

Article 2, Page 31 (UDC 12/21)

50-15 Mixed Use Districts

C. Illustration.

D. Planning commission approval required.

A planning review by the planning commission, pursuant to the procedures in Article V, shall be required
for all development, redevelopment and expansions in the MU-W district, including but not limited to
construction of driveways or other access from public streets and construction of off-premises signs, but
excluding the following:
1. Building construction or expansion of less than 500 square feet in area;
2. Building renovations that affect the exterior of structures that do not result in an increase in
building square footage;
3. Grading and construction of parking areas less than 3,000 square feet.
Development may not proceed until the planning commission has approved the project through planning
review;

E. Development standards.
All permitted development in the MU-W shall comply with the following development standards:
1. Proposed development shall be visually and functionally oriented toward the waterfron t of Lak e
Superior, the harbor and the St. Louis River to the maximum extent possible so that users of
buildings and associated outdoor areas have direct views and physical access to the waterfront;
2. To protect public views to the waterfront from the closest landward public street running
approximately parallel to the water, all primary structures shall have a maximum width of 200 feet
measured along the shoreline and shall be separated from other primary structures by a minimum
of 50 feet;
3. Buildings shall have a primary façade, with a functioning entrance for residents, employees or
patrons facing the waterfront, and a second primary façade with a similar functioning entranc e
facing at least one of the adjacent streets, to the maximum extent feasible;
4. The quality of façade design and materials and the level of detail on the building façade facing the
water shall be comparable to that on any other building façade containing a functioning entrance.
The building façade facing the water shall have at least 40 percent transparency , measured as
set forth in Section 50-22.5.D.1; no rectangular area greater than 30 percent of each story of t he
façade facing the water may be windowless, as measured from floor to floor, and no horiz ont al
distance greater than 15 feet of each story of a facade facing the water may be windowless;

Article 2, Page 32 ( UDC 12/21)

50-15 Mixed Use Districts

5. For any development, redevelopment, or expansion of an existing structure or us e, the park ing
requirements in Section 50-24 shall be met without use of the reduction allowed by 50-24.3,
adjustment to required off-street parking. However, the required parking may be reduced as
allowed by 50-24.3 only if the applicant can demonstrate to the Land Use Supervisor’s
satisfaction that nearby properties provide sufficient supplemental off-street parking and t hat all
the parking needs generated by the use can be met on site. (Ord. No. 10044, 8 -16-2010, § 6;
Ord. No. 10232, 6-10-2013, § 4; Ord. No. 10286, 3-10-2014, § 3; Ord. No. 10589, 9-24-2018, § 1;
Ord. No. 10723, 12-14-2020, § 3)

Article 2, Page 33 (UDC 12/21)

50-15 Mixed Use Districts

50-15.7 Mixed Use-Planned (MU-P).

A. Purpose.
The MU-P district is established to provide a flexible development option for mixed use projects that
integrate creative site design, provide a variety of building types, provide unique on-site amenities,
conserve natural features, increase pedestrian connectivity, or otherwise result in a final product that
provides a greater level of public benefit than would be required under the existing zone district. Each
MU-P district requires approval of an MU-P regulating plan that includes the location, type, and int ensity
of proposed development and a description of public amenities or benefits included. A variety of
residential and commercial uses are permitted, as shown in Table 50-19.8, provided projects are
compatible in scale and character with the surrounding neighborhood and are inc luded in t he approved
MU-P plan;

B. Examples.

C. Modifications.
An applicant may seek only the modifications in Table 50-15.7-1, based on demonstration of how the
proposal supports the purpose of the MU-P district as stated in Section 50-15.7.A and the following
desired MU-P amenities:
1. Significant preservation and protection of natural resources and undeveloped areas, including
wetlands, trees, key habitat, and wildlife areas;
2. A higher level of sustainability, demonstrated in buildings, site design, and trans portat ion, t han
required by Section 50-28;
3. More efficient and effective use of streets, utilities, and public facilities to support high quality
development at a lesser cost;
4. Recreational facilities that are open to the public, such as parks and playgrounds.
5. Accommodations for and linkages to mass transit;
6. Creative site and building design;
7. Bike lanes and trails within the development and connecting to other trails and destinations;
8. Pedestrian amenities such as benches, plazas, pedestrian-scaled lighting, traffic calming, and art;

Article 2, Page 34 ( UDC 12/21)

50-15 Mixed Use Districts

Table 50-15.7-1: Modifications Allowed.

Chapter Requirement Maximum Modification Allowed

Distance from property lines No required yards

Building height 20% increase if not w ithin 200’ of an R-1 or R-2

Lot frontage 10% decrease

Buildings per lot More than one building may be placed on one lot

Parking 10% decrease in addition to other allow able

chapter reductions or a 10% increase over the
maximum

Landscaping 20% decrease

Street w idth As determined by City Engineer

Building design standards Can propose alternative standards

Higher Education Overlay Can propose alternative standards

D. Applicability.
An MU-P district shall only be established in the R-2, MU-N, MU-C, and MU-B districts provided the
property meets the requirements in Table 50-15.7-2.

TABLE 50-15.7-2: Characteristics of MU-P Areas.

Current zoning R-2, MU-N, MU-C, MU-B

Minimum lot size 2 acres

E. Rezoning approval and regulating plan required.

The establishment of an MU-P district requires rezoning the property per Section 50-37.3 from a c urrent
zone district to MU-P and the approval of an MU-P plan per Section 50-37.11, that governs the uses,
location, density, dimensional standards and character of the proposed project.

In accordance with the purpose of the MU-P district, approval of the MU-P plan is deemed to include
subdivision approval; MU-P districts are not required to submit a separate subdivision application under
Section 50-37.5.

F. Development standards.
1. The development standards of the base zone district(s) where the property is located shall apply
to any MU-P zoned land unless waived or varied by the terms of an approved MU-P regulating
plan. The ordinance approving an MU-P district and the approved regulating plan shall identify
the previous base zone districts for each portion of the property;
2. Overall density in residential portions of the MU-P shall follow the density requirements of the
previous zone district unless modified as part of the MU-P plan;

Article 2, Page 35 (UDC 12/21)

50-15 Mixed Use Districts

3. Height standards:
(a) Maximum building height within 200 feet of an R-1 district is 35 feet;
(b) Maximum building height within 200 feet of an R-2 district is 50 feet;
4. Common open space. Adequate provisions shall be made for the permanent preservation and
maintenance of active or passive open space. Common open space shall not be less than 20
percent of the area of the project and shall comply with the following requirements:
(a) Common open space shall include the shore and bluff impact zones;
(b) Common open space shall include, where possible, wetlands, floodplains, wildlife
areas, steep slopes, rock outcrops, tree stands and areas unsuitable for development in
their natural state;
(c) At least 50 percent of the common open space shall be retained in a contiguous
area;
(d) Common open space shall not include roads or right-of-way;
5. The development shall encourage walkable, bikeable communities through the use of c omplete
streets, alleys, sidewalks and trails, interconnected street networks, small blocks, front porc hes ,
and buildings that are sited adjacent to streets;
6. All shoreland setbacks and other dimensional requirements from Section 50-18. 1 (NR-O) s hall
continue to apply and cannot be varied through the MU-P process;

G. Required community meeting.

H. Required rezoning application and regulating plan contents.

1. The rezoning application (approved per Section 50-37.3) shall include the following information:
(a) A concept map showing the property to be rezoned and general uses wit hin t he
area;
(b) Maximum residential densities and maximum square footage for nonres ide nt ial
land uses;
(c) Maximum building heights;
2. The regulating plan (approved per Section 50-37.11) shall cover all of the land in the proposed
MU-P district and shall regulate all future development in the MU-P district. An approved MU-P
plan is required before any building permits may be issued within the MU-P dist rict. The MU-P
plan shall include maps and text describing the following information:
(a) General layout of development areas and building parcels in relation to the
natural features to be protected and the proposed road, trail and bicycle circulation
systems;
(b) Lot sizes and widths, building setbacks, and maximum building heights for all
proposed development parcels;
(c) Previous base zone districts;
(d) A traffic impact analysis;
(e) A road, trail and bicycle circulation plan (including how the circulation may
intersect with transit use) and a description of proposed road, trail and bike route widths ,
trail surfaces, a proposal for maintenance of each road and trail (which may include
dedication to and maintenance by the city), and a statement as to whether public acces s
will be permitted on each road, trail, and bicycle route;
(f) A natural resources inventory and natural site features to be protected;
(g) Common open space to be provided, the location of that open space, a
calculation of proposed open space as a percentage of the total land area in t he MU -P

Article 2, Page 36 ( UDC 12/21)

50-15 Mixed Use Districts

zone, a proposal for protection and maintenance of the open space over time and a
statement as to whether public access to the open space shall be provided;
(h) Permitted and special uses for the site, which shall be consistent with those
shown in Table 50-19.8; special uses listed in the MU-P plan will need t o apply for and
receive a special use permit prior to building;
(i) Maximum residential densities and maximum square footage for nonres ident ial
land uses;
(j) A plan describing the demand for and location of water, sewer, and utility servic e
to the property, including any additional right-of-way needed to accommodate those
utilities. In addition, the plan shall indicate all utilities that will be owned or maintained by
the public, and if any of those services are to be provided by the city or a public or quas i -
public district, and provide a statement as to whether the proposed facilities will meet t he
engineering and maintenance standards of that entity;
(k) Details on buffering or transitioning between uses of different intensities both on-
and off-site;
(l) A plan for stormwater collection and treatment that includes a summary of land
use and technical methods used to minimize storm water run-off from the site;
(m) Off-street parking to be provided in driveways, surface lots and garages;
(n) Any public amenities, other than common open space, to be provided by the
applicant, together with a statement as to whether those amenities shall be availab le for
public use;
(o) Any required building types, form-based regulation or architectural design
requirements, as well as a description of how those standards will be maintained and
enforced over time;
(p) If a project involves construction over a period of time in two or more phas es , a
phasing plan demonstrating that each phase meets density requirement s, open s pac e
requirements, and provision of public amenities. Phasing plan shall include an
approximate time frame for each phase of development. The applicant shall provide
agreements, contracts, covenants, deed restrictions, and sureties acceptable to t he c it y
attorney for the completion of the development according to the approved MU-P plan;
(q) Cross sections demonstrating the proportions of buildings and the relationship
between those buildings, pedestrian spaces and the streetscape;

I. Amendments .
Applications to amend an existing MU-P plan shall follow the process described in Section 50-37.3 if they
relate to uses, densities, or height. All other amendments shall follow the process in S ect ion 50-37.11.
(Added by Ord. No. 10192, 12-17-2012, § 6; Ord. No. 10286, 3-10-2014, § 4.)

Article 2, Page 37 (UDC 12/21)

50-16 Form Districts

50-16 FORM DISTRICTS.

50-16.1 General purposes of form districts.
Nine new districts were created for those areas within the city to be regulated by form-based coding.
Sections 50-16.2 through 50-16.10 below contain brief descriptions of each of the form districts. Sec tion
50-22, Building form standards, provides additional information that applies to these districts and
regulates the types of buildings, development and rezoning permitted in each district. (Ord. No. 10044,
8-16-2010, § 6; cited only by Ord. 10284, 3-10-2014, § 1.)

Article 2, Page 38 ( UDC 12/21)

50-16 Form Districts

50-16.2 Form District 1 (F-1) low-rise neighborhood shopping.

A. Purpose.
The F-1 District consists of only one building
type, Main Street Building I. This district is Form Districts

F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
meant to be mapped within the East Superior
Street study area (Lakeside/Lester Park)
along the commercial nodes that take the form Main Street Building I • •
of traditional mixed use development. Main
Street Building I has a build-to zone of
Main Street Building II • • • •

Building Types
between 0 and 15 feet, that allows the building Main Street Building III • •
to either be built adjacent to the sidewalk or Corridor Building I •
set back further on the lot to match its Corridor Building II • •
surrounding residential context. This building Lakefront Corridor •
type also requires a high amount of Building
Corridor Building III •
transparency on the ground floor. Permitted Cottage Com m ercial I • •
and special uses are shown in Table 50-19.8; Cottage Com m ercial II •
Iconic Building • • • • •

B. Example.

Example of M ain Street I Example of a M ain Street I

C. Illustration.
See Section 50-22 for illustrations of building types permitted in the F-1 district. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 1.)

Article 2, Page 39 (UDC 12/21)

50-16 Form Districts

50-16.3 Form District 2 (F-2) low-rise neighborhood mix.

A. Purpose.

F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
Downtown, F-7 was created to be applied in
specific areas along Superior Street. This
district permits only Main Street Building III, Main Street Building I • •
which seeks to codify the existing urban Main Street Building II • • • •
• •

Building Types
structure of the heart of Downtown. The build- Main Street Building III
ing type requires a storefront on the ground Corridor Building I •
floor and that the building be located adja-cent Corridor Building II • •
to the sidewalk. The F-7 and F-8 districts also
permit the highest intensity development, wit h
Lakefront Corridor •
a maximum height along Superior Street of 15
Building
Corridor Building III •
stories. Permitted and special uses are
Cottage Com m ercial I • •
shown in Table 50-19.8; Cottage Com m ercial II •
Iconic Building • • • • •

B. Example.

Example of M ain Street Building III Example of M ain Street Building III

C. Illustration.
See Section 50-22 for illustrations of building types permitted in the F-7 district. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 1.)

Article 2, Page 45 (UDC 12/21)

50-16 Form Districts

50-16.9 Form District 8 (F-8) downtown mix.

A. Purpose.

F-8 applies to other Downtown areas not Form Districts

included in the F-7 district. The district

F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
provides slightly more flexibility in building form
than does F-7, as it permits both Main Street Main Street Building I • •
Building III and Corridor Building III for office Main Street Building II • • • •
• •

Building Types
and residential uses. Permitted and special Main Street Building III
uses are shown in Table 50-19.8; Corridor Building I •
Corridor Building II • •
Lakefront Corridor •
Building
Corridor Building III •
Cottage Com m ercial I • •
Cottage Com m ercial II •
Iconic Building • • • • •

B. Example.

Example of M ain Street Building III Example of Corridor Bulding III

C. Illustration.
See Section 50-22 for illustrations of building types permitted in the F-8 district. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 1.)

Article 2, Page 46 ( UDC 12/21)

50-16 Form Districts

50-16.10 Form District 9 (F-9) Canal Park lakefront.

A. Purpose.

F-9 applies specifically to the east side of Form Districts

Canal Park Drive, addressing the parcels

F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
currently occupied by hotels. This district is
unique in that the parcels are deep and front Main Street Building I • •
both Lake Superior and Canal Park Drive. The Main Street Building II • • • •
• •

Building Types
Lakefront Corridor Building was developed Main Street Building III
specifically for these locations, requiring Corridor Building I •
frontage on both sides with enough depth to Corridor Building II • •
nestle parking in between the buildings. Views
through these parcels to the lake are also
Lakefront Corridor •
addressed with view corridors. Permitted and
Building
Corridor Building III •
special uses are shown in Table 50-19.8;
Cottage Com m ercial I • •
Cottage Com m ercial II •
Iconic Building • • • • •

B. Example.

Example of Lakefront Corridor Example of Lakefront Corridor

C. Illustration.
See Section 50-22 for illustrations of building types permitted in the F-9 district. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 1.)

Article 2, Page 47 (UDC 12/21)

50-17 Special Purpose Districts

50-17 SPECIAL PURPOSE DISTRICTS.

50-17.1 General purposes.

The special purpose zone districts are intended to:
A. Preserve, protect and promote employment-generating uses;
B. Create suitable environments for various types of commercial and industrial uses and prot ect t hem
from the adverse effects of incompatible uses;
C. Help implement the comprehensive land use plan by accommodating special land uses needed by
Duluth’s residents, businesses, visitors and workers;
D. Encourage site planning, land use planning and architectural design that create an interesting,
pedestrian-friendly environment where appropriate;
E. Minimize potential negative impacts of non-residential development on adjacent residential areas;
F. Preserve the natural resources of the city. (Ord. No. 10044, 8-16-2010, § 6.)

A. Purpose.

The AP district is intended to protect and reserve lands TABLE 50-17.5-1:

dedicated for airport operations. Structures and AP DISTRICT DIMENSIONAL STANDARDS
development (e.g., parking, hangars) that are incidental LOT STANDARDS
to and supportive of airport operations may be permitted Minimum lot area 0 sq. ft.
(added by Ord. No. 10366, 4-13-2015, § 1). Minimum lot frontage 0 ft.
STRUCTURE SETBACKS
Minimum depth of front yard 5 ft.
Minimum width of side yard 5 ft.
Minimum depth of rear yard 5 ft.
STRUCTURE HEIGHT
Maximum height of building 30 ft., or
Per 50-18.2,
whichever is
greater
Section 50.21 Dimensional standards contains
additional regulations applicable to this district.

Article 2, Page 54 ( UDC 12/21)

50-18 Overlay Districts

50-18 OVERLAY DISTRICTS.

50-18.1 Natural Resources Overlay (NR-O).

A. General.
1. Purpose statement.
The purpose of this overlay is to promote, preserve and enhance the water resources and
environment within the city and protect them from adverse effects caused by poorly sited or
incompatible development. It is intended to implement the Minnesota Wetland Conservation Act
(WCA), federal emergency management agency (FEMA) rules, and the Minnesota department of
natural resources (DNR) shoreland and flood plain regulations. In accordance with this regulatory
framework, wetlands, flood plains and shorelands are protected by regulating developments that
would have an adverse or potentially irreversible impact on unique and fragile land, by minimizing
conflicts and encouraging compatibility between environmentally s ensitive lands, and by requiring
detailed review standards and procedures for developments proposed for such areas, thereby
achieving a balance between urban growth and development and protection of natural areas;
2. NR-O map.
The NR-O map contains data from the following sources:
(a) For wetlands, there is no official wetlands map. All lands in the city that meet the
definition of wetlands in Article VI are considered wetlands for the purposes of this Section;
(b) For flood plains:
(i) The Flood Insurance Study, City of Duluth, Minnesota, St. Louis Count y, dat ed August
1979;
(ii) Flood Boundary and Floodway Map panels for the City of Duluth Minnesota, dated
February 1, 1980, and numbered:
(1) 270421 0015 C
(2) 270421 0025 C
(3) 270421 0030 C
(4) 270421 0035 C
(5) 270421 0040 C
(6) 270421 0045 C
(iii) Flood Insurance Rate Map panels for the City of Duluth, Minnesota, dated April 2, 1982,
and numbered:
(7) 270421 0015 C
(8) 270421 0025 C
(9) 270421 0030 C
(10) 270421 0035 C
(11) 270421 0045 C
(iv) Flood Insurance Rate Map panel for the City of Duluth, Minnesota, numbered 270421
0040 D and dated November 4, 1992;
(v) Flood Insurance Rate Map panels for St. Louis County, Minnesota, unincorporated areas,
numbered 270416 1475 C, 270416 1500 C, and 270416 1650 C, all dated February 19,
1992;
(vi) The Letter of Map Revision issued by the Federal Emergency Management Agency,
Case No. 07-05-3554P, with an effective date of October 17, 2008, including all attached
maps, tables and flood profiles; and
(vii) The Letter of Map Revision issued by the Federal Emergency Management Agency,
Case No. 12-05-3211P, with an effective date of November 26, 2012, including all
attached maps, tables and flood profiles.
Copies of the above-listed documents are hereby adopted by reference and declared t o
be a part of this section. All documents shall be kept on file in the land use s upervis or’s
office;

Article 2, Page 55 (UDC 12/21)

50-18.1 Natural Resources Overlay

(c) For shorelands, boundaries shall be based on (i) waters shown as protected on the map
and inventory of protected waters in Duluth prepared by the DNR commissioner pursuant to
Chapter 199, Laws of Minnesota, 1979, and (ii) selected waters that the city has added to the
commissioner's survey as being worthy of shoreland protection. All of these waters are shown on
the NR-O map as currently revised as of November 19, 2010;
(d) Where interpretation is needed as to the exact location of any boundary as shown on an
official map, the city engineer shall make the necessary interpretation based on available
technical data, and, in the case of flood plains, based particularly on elevations on t he regional
flood profile or hydraulic modeling data;
(e) The NR-O map may be amended in the future, and any revisions shall become effec t ive
upon adoption of the revised NR-O map as an amendment to this Chapter;

Article 2, Page 56 ( UDC 12/21)

50-18.1 Natural Resources Overlay

B. Wetlands.
This Section 50-18 shall apply to all wetlands within the city. All development in the city shall comply with
state statutes and regulations. Inddition, any development impacting wetlands requires formal approval by
the designated city wetland representative.

Figure 50-18.1-1: Typical Inland Wetland. Graphic taken from Floodplain Management in the United
States: An Assessment Report, prepared for the Federal Interagncy Floodplain Management Task Force 1992.

1. The building official shall require each permit applicant to specify on the permit application
whether or not the proposed site contains wetlands. Regardless of the answer given, if the
building official has reasonable grounds to believe the site contains wetlands, the official shall
make a determination as to the existence of wetlands. In making that determination, the building
official may require any of the following:
(a) Require the applicant to submit a complete wetland delineation as outlined in W CA and
performed by a professional wetland delineator, including information such as soil analysis,
surveys of vegetation and engineering or hydrological data, to aid in the determination;
(b) Conduct a site inspection and evaluation;
(c) Consult with the city engineer, St. Louis County Soil and Water Conservation District,
Board of Water and Soil Resources, and other available wetland experts;
(d) Use any other reasonable method to determine if the site contains wetlands;

Article 2, Page 57 (UDC 12/21)

50-18.1 Natural Resources Overlay

C. Flood plains.
This Section shall apply to all lands within the city that are shown as flood plains on the NR-O map. For
purposes of relating those districts to plats and lots within the city, the NR-O map shall be used as a
working map in the administration of the flood plain controls unless it is clearly shown that there is an
inconsistency between the flood insurance rate map, or the flood boundary and floodway map and s aid
NR-O map, in which case the flood insurance rate map or flood boundary and floodway map, as
applicable, shall control.

All lands within flood plains shall be divided into floodway districts, flood fringe districts, or general flood
plain districts:
a) The floodway district shall include those areas designated as floodway on the flood boundary and
floodway map identified in Section 50-18.A.2.b;
b) The flood fringe district shall include those areas designated as flood fringe on the flood boundary
and floodway map;
c) The general flood plain district shall include those areas designated as Zone A on the flood
insurance rate maps identified in Section 50-18.A.2.b., and those areas designated Zone A1-A30
on the flood insurance rate maps that do not have a corresponding floodway/flood fringe
delineation on the flood boundary and floodway map;

Figure 50-18.1-2: Flood plain, floodw ay, and flood fringe Graphic taken from Floodplain Management i n
the United States: An Assessment Report, prepared for the Federal Interagency Fl o od pl ain M a na ge me nt T ask
Force 1992.

Article 2, Page 58 ( UDC 12/21)

50-18.1 Natural Resources Overlay

1. Compliance.
Within the flood plain districts, no new structure or land shall be used and no structure shall be
constructed, located, extended, converted or structurally altered without full compliance with the
terms of this Section 50-18.1.C. Within the floodway, flood fringe and general flood plain districts, all
uses not listed as permitted uses or special uses are prohibited;

2. Uses and special use permits – floodway.

(a) Permitted uses in floodway.
Only the following uses shall be permitted within the floodway, and only if the land use supervisor
determines that (a) the use is shown as a permitted use in the underlying zone dist ric t in Table
50-19.8, (b) the use has a low flood damage potential, (c) the use will not obstruct flood flows or
increase flood elevations, and (d) the use does not involve structures, fill, obstructions,
excavations or storage of materials or equipment:
(i) Agriculture;
(ii) Industrial, commercial and mixed use loading areas, parking areas and airport
landing strips;
(iii) Outdoor open space, recreation, and entertainment facilities and structures;
(iv) Residential lawns, gardens, parking areas and play areas;
(b) Special uses in floodway.
The following uses involving accessory structures or fill or storage of materials or equipment may
be permitted only after the issuance of a special use permit pursuant to Article V:
(i) Structures accessory to a permitted use as listed in 50-18.1.C.2.a;
(ii) Mining, extraction and storage of sand, gravel and other materials;
(iii) Marina or yacht club or accessory residential boat dock;
(iv) Railroad yard or shipyard and related facilities, electric power transmission lines,
major utilities or wireless communication towers and minor utilities and accessory
wireless antennas attached to existing structures;
(v) Bulk storage not listed elsewhere;
(vi) Placement of fill or construction of fences;
(vii) Road-ready recreational vehicles either on individual lots of record or in existing
or new subdivisions or commercial or condominium type campgrounds, subject to the
exemptions and provisions of Section 50-20;
(viii) Structural works for flood control such as levees, dikes, and floodwalls
constructed to any height where the intent is to protect individual structures;
(c) Standards for special use permits in floodway.
A special use permit for uses and structures listed in subsection (b) above shall only be iss ued if
the following standards are met:
(i) The proposed use or structure will not cause any increase in the stage of the
100-year or regional flood or cause an increase in flood damages in the reach or reaches
affected;
(ii) Any fill deposited in the floodway shall be no more than the minimum amount
necessary to grade or landscape, shall not in any way obstruct the flow of flood waters
and shall be protected from erosion by the planting of vegetative ground cover, the use of
rip rap or other method approved by the city;
(iii) Accessory structures:

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50-18.1 Natural Resources Overlay

• Shall not be designed for human habitation;

• Shall be constructed and placed on the building site so as t o offer
the minimum obstruction to the flow of flood waters;
• Shall be constructed whenever possible with the longitudinal axis
parallel to the direction of flood flow;
• Shall be placed approximately on the same flood flow lines as
those of adjoining structures; and
• Shall be elevated on fill or floodproofed to the flood protection
elevation in accordance with the FP-1 or FP-2 flood proofing
classifications in the State Building Code;
(iv) All floodproofed accessory structures must meet the following additional
standards, if the building official determines that compliance is necessary to carry out the
stated purposes of this Section 50-18.1.c:
• The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
• Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly floodproofed;
As an alternative, an accessory structure may be internally or wet
floodproofed to the FP-3 or FP-4 floodproofing classifications in the
State Building Code, provided the accessory structure constitutes a
minimal investment, does not exceed 576 square feet in size at its
largest projection, and for a detached garage, the structure must be
used solely for parking of vehicles and limited storage. The s t ruc t ure
must meet the following standards:
• To allow for the equalization of hydrostatic pressure, there must be
a minimum of two “automatic” openings in the outside walls of t he
structure having a total net area of not less than one s quare inc h
for every square foot of enclosed area subject to flooding; and
• There must be openings on at least two sides of the structure and
the bottom of all openings must be no higher than one foot above
the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not s at is fy
this requirement for automatic openings;
(v) The use will not include the storage or processing of materials that are, in time of
flooding, flammable, explosive or injurious to human, animal or plant life. All materials or
equipment stored shall be readily removable from the area within the time available after
a flood warning;
(vi) Any structural works for flood control that will change the course, current, or
cross-section of wetlands or public waters shall comply with the provisions of Minnesota
Statutues, Chapter 103G.245;
(vii) Any levee, dike or floodwall constructed in the floodway shall not cause an
increase to the 100-year or regional flood, based on technical analysis that assumes
equal conveyance or storage loss on both sides of a waterway;
(viii) Within an A-O zone, there must be adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures or structure
additions;
(ix) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element;

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50-18.1 Natural Resources Overlay

3. Uses and special use permits – flood fringe.

(a) Permitted uses in flood fringe.
Those uses listed in Table 50-19.8 as permitted uses in the zone district where t he propert y is
located, provided that the building official determines that:
(i) All structures, including accessory structures, shall be elevated on fill so that a
structure’s lowest floor is above the regulatory flood protection elevation. The finished fill
elevation for structures shall be no lower than one foot below the regulatory flood
protection elevation and the fill shall extend at that elevation at least 15 feet beyond the
outside limits of the structure. In A-O zones, the finished fill elevation for structures must
be a minimum of two feet above the highest adjacent grade. The structure’s design and
as-built condition in relation to the regulatory flood protection elevation must be certified
by a professional engineer or architect licensed in Minnesota;
(ii) Any portion of a non-residential structure below the regulatory flood protection
elevation will be structurally dry floodproofed in accordance with the FP-1 or FP-2
classification found in the State Building Code;
(iii) As an alternative to elevation, accessory structures that constitute a minimal
investment and that do not exceed 576 square feet may be internally floodproofed in
accordance with Section 50-18.1.C.2(c)(iii) and (iv) above;
(iv) Any placement of fill with a cumulative volume in excess of 1,000 cubic yards at
any one time may only be used to elevate a structure in accordance with this subsection
3(a)(i);
(v) Any stored materials or equipment shall be elevated on fill to the regulatory flood
protection elevation;
(b) Special uses in flood fringe.
The placement of more than 1,000 cubic yards of fill or other similar material, other t han for t he
purpose of elevating a structure to the regulatory flood protection elevation, and the storage of
materials and equipment below the regulatory flood protection elevation, may be permit ted only
after the issuance of a special use permit as provided in Article V. In addition, this use is subjec t
to the limitations on flood plain variances in Article V and the following requirements:
(i) Any fill deposited in the flood fringe shall be no more than the minimum amount
necessary to grade or landscape, shall not in any way obstruct the flow of flood waters
and shall be protected from erosion by the planting of vegetative ground cover, the use of
rip rap or other method approved by the city;
(ii) The use must not include the storage or processing of materials that are, in time
of flooding, flammable, explosive or injurious to human, animal or plant life. All materials
or equipment stored shall be readily removable from the area within the time available
after a flood warning;
(c) Standards for all flood fringe uses.
(i) All new principal structures must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation. If a variance to
this requirement is granted, limitations on the period of use or occupancy of the structure
for times of flooding may be specified;
(ii) Flood plain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining flood plain of any tributary watercourse or drainage system where
a floodway or other encroachment limit has not been specified on the NR-O map;
(iii) Accessory land uses such as yards, railroad tracks, and parking lots may be at
elevations more than two feet below the regulatory flood protection elevation. Any facility
that will be used by employees or the general public must have a flood warning system
that provides adequate time for evacuation if the area would be inundated by the regional
flood to a depth and velocity such that when multiplying the depth (in feet) times velocity
(in feet per second) the product number exceeds four;
(iv) Standards for recreational vehicles are contained in Section 50-20;

Article 2, Page 61 (UDC 12/21)

50-18.1 Natural Resources Overlay

(v) All manufactured homes and those recreational vehicles not meeting the
exemption criteria must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting
wind forces;
(vi) Within an A-O zone, there must be adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures or structure
additions;

4. General flood plain district.

(a) Permitted uses in general flood plain district.
(i) The uses listed in subsection C.2(a) above shall be permitted uses;
(ii) All other uses shall be subject to the floodway/flood fringe evaluation criteria
below and the resulting designation shall be used in determining uses. If the property
owner does not complete a floodway/flood fringe evaluation, the land is presumed to be
floodway;
(iii) Land determined to be in the floodway pursuant to subsection 4.(b) shall have
those permitted and special uses listed in Section 50-18.C.2 above;
(iv) Land determined to be in the flood fringe pursuant to subsection 4.(b) shall have
those permitted and special uses listed in Section 50-18.C.3 above;
(b) Procedures for floodway and flood fringe determinations within the general flood plain
district:
(i) The applicant shall submit appropriate information to a designated engineer or
other expert person or agency for technical assistance in determining whether the
proposed use is in the floodway or flood fringe district and to determine the regulatory
flood protection elevation. Procedures consistent with Minnesota Regulations 1983,
parts 6120.5000 – 6120.6200 and 44 Code of Federal Regulations Part 65 shall be
followed in this expert evaluation. The designated engineer or expert is strongly
encouraged to discuss the proposed technical evaluation methodology with the
respective DNR Area Hydrologist prior to commencing the analysis. The designated
engineer or expert shall:
(1) Estimate the peak discharge of the regional flood;
(2) Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas;
(3) Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 feet. A lesser
stage increase than 0.5 feet shall be required if, as a result of the
additional stage increase, increased flood damages would result. An
equal degree of encroachment on both sides of the stream within the
reach shall be assumed in computing floodway boundaries;
(ii) The city engineer shall present the technical evaluation and findings to the city
council. The city council must formally accept the technical evaluation and the
recommended floodway and/or flood fringe district boundary and that the proposed use is
allowed in the area where it is proposed, or deny the permit application. Prior to official
action the city council may submit the application and all supporting data and analyses to
FEMA, the DNR or the planning commission for review and comment. Once the
floodway and flood fringe district boundaries have been determined, and assuming the
proposed use is allowed in the area where it is proposed, the city council shall refer the
matter to staff who shall process the permit application consistent with the applicable
provisions of this Section 50-18.1.C;

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50-18.1 Natural Resources Overlay

5. Public utilities, railroads, roads and bridges.

(a) All public utilities and facilities such as gas, electrical, sewer and water supply sy stems,
with the exception of sumps and wet wells, to be located in the floodway or flood fringe s hall be
floodproofed in accordance with the State Building Code or elevated to above the regulatory flood
protection elevation;
(b) Railroad tracks, roads and bridges to be located within the floodway or flood fringe s hall
comply with subsections 2 and 3 above, as applicable. Elevation to the regulatory flood
protection elevation shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where such facilities are es sent ial t o t he
orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a
lower elevation where failure or interruption of transportation services would not endanger the
public health or safety;
(c) On-site water supply and sewage treatment systems: Where public utilities are not
provided: 1) on-site water supply systems must be designed to minimize or eliminate infilt rat ion
of flood waters into the systems; and 2) new or replacement on-site sewage treat ment sy stems
must be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters and they shall not be subject to impairment or
contamination during times of flooding. Any sewage treatment system designed in acc ordance
with the state’s current statewide standards for on-site sewage treatment systems shall be
determined to be in compliance with this Section;

6. Subdivisions.
New subdivisions in the flood plain area shall meet the following requirements:
(a) No land shall be subdivided which is unsuitable for reasons of flooding or inadequate
drainage, water supply, or sewage treatment facilities. Manufactured home parks and
recreational vehicle parks or campgrounds are considered subdivisions under this Section;
(b) All lots within the flood plain districts shall be able to contain a building site outside of t he
floodway district at or above the regulatory flood protection elevation;
(c) All subdivisions shall have water and sewage treatment facilities that comply with the
provisions of this Chapter;
(d) All subdivisions shall have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation, unless a
flood warning emergency plan for the safe evacuation of all vehicles and people during the
regional flood has been approved by the city council. The plan shall be prepared by a regist ered
engineer or other qualified individual, and shall demonstrate that adequate time and personnel
exist to carry out the evacuation;
(e) The floodway and flood fringe district boundaries, the regulatory flood protection elevation
and the required elevation of all access roads shall be clearly labeled on all required subdivis ion
drawings and platting documents;
(f) In the general flood plain district, applicants shall provide the information required in
section 15-18.C.4(b) to determine the regional flood elevation, the floodway and flood fringe
district boundaries, and the regulatory flood protection elevation for the subdivision site;

Article 2, Page 63 (UDC 12/21)

50-18.1 Natural Resources Overlay

7. Amendments.
(a) The flood plain designation on the official zoning map shall not be removed from flood
plain areas unless it can be shown that the designation is in error or that the area has been filled
to or above the elevation of the regulatory flood protection elevation and is contiguous to lands
outside the flood plain. Special exceptions to this requirement may be permitted by the
commissioner of the department of natural resources (DNR) if the commissioner determines that,
through other measures, lands are adequately protected for the intended use;
(b) All amendments to Section 50.18.1.C, including flood plain designation amendments t o
the official zoning map, must be submitted to and approved by the commissioner of the
department of natural resources (DNR) prior to adoption. Changes in the official zoning map
must meet the federal emergency management Agency’s (FEMA) technical conditions and
criteria and must receive prior FEMA approval before adoption. The commissioner of the DNR
must approve the amendment prior to community approval;

(Ord. No. 10723, 12-14-2020, § 4)

Article 2, Page 64 ( UDC 12/21)

50-18.1 Natural Resources Overlay

D. Shorelands.
In furtherance of the policies declared by the state legislature, waters in the city have been clas s ified as
general development waters (GD), natural environment waters (NE) or coldwater rivers (CW). The
shoreland overlay applies to lands within 1,000 feet of Lake Superior or within 300 feet of rivers , c reek s ,
streams and tributaries and floodplains, as designated on the NR-O map. If a parcel or development l ies
only partially within a shoreland area, only the portion of the property within the shoreland is s ubject t o
these provisions;

1. Shoreland permit required.

The following activities and structures require a shoreland permit if located within a shoreland:
(a) All structures;
(b) All grading, filling and excavating;
(c) All construction of impervious surfaces, including roads, driveways, parking areas and
trails;
(d) All removal of natural vegetation;
(e) Any construction activity that removes or disturbs natural beach grasses on Park Point;
2. Standards for shoreland permit.
(a) Erosion and sediment control measures shall be required for any land disturbing activity;
(b) Grading and filling of more than 250 square feet or placement of more than ten cubic
yards of material within the shore impact zone shall only be permitted if a plan for erosion control,
stormwater management and shoreline buffer restoration is approved by the city and effec t ively
implemented;
(c) Impervious surfaces shall be designed and constructed to minimize and control runoff
and erosion into the regulated waters;
(d) Any removal of natural vegetation shall be designed to prevent erosion into regulated
waters and to preserve shoreland aesthetics;
(e) Removal of trees or shrubs in a contiguous patch, strip, row or block is prohibit ed in
shore impact zones;
(f) The project does not result in the proposed building being located in a shore or bluff
impact zone;
(g) Natural vegetation buffers shall be restored to the extent feasible after any project is
complete;
3. Dimensional standards.
(a) No shoreland permit shall be approved unless the standards in Table 50-18.1.D-1 are
met or a variance obtained pursuant to Article V;
Table 50-18.1.D-1: Minimum Shoreland Area Standards
General Natural
Development Environmental Coldwater
Standards Waters [1] Waters River
Minimum setbacks from Ordinary High Water Level or
highest know n w ater level, w hichever is higher
Structures 50 ft. 75 ft. 150 ft.
Commercial, mixed use, & industrial structures in the
harbor, shown in Figure 50-18.1.- 3 25 ft. N/A N/A

Impervious surfaces in the Shore Impact Zone 50 ft. 50 ft. 75 ft.

Low est floor elevation above Ordinary High Water Level
3 ft.
or highest know n w ater level, w hichever is higher [2]
Width of naturally vegetative buffer 50 ft.
[1] All Lake Superior shoreland is classified as general development w aters.
[2] For a structure located in an area w here FEMA has established a base flood elevation, the structure is

exempt from this shoreland elevation requirement, but must meet flood plain regulations.

Article 2, Page 65 (UDC 12/21)

50-18.1 Natural Resources Overlay

(b) Exceptions to dimensional standards.

(i) Commercial, mixed use, & industrial structures in the harbor, s hown in Figure 50 -
18.1-3: 0 feet setback for grain elevators, cranes, loading bins, and other equipment
necessary for loading and unloading, including impervious surface necessary to s upport
these activities;
(ii) Public trails with previous surfaces, or with impervious surfaces no more t han t en
feet wide, may be constructed within these setbacks, provided that a minimum amount of
natural vegetation is removed and provided that permits are obtained from the DNR and
MPCA, if required;
(iii) Properties in Stormwater Zone B, as defined in Section 50-18.1E.3(f), that have
been previously developed with 75 percent or greater impervious surface may use one of
the following methods to determine building setback:
• Use the impervious surface setback for the shoreland classification as the
building setback;
• When principal structures exist on the adjoining lots on both sides of the
proposed building site, the structure setbacks can be altered to c onform t o t he
adjoining setbacks, provided the proposed building site is not located wit hin t he
setback required for the naturally vegetative buffer;
(iv) Park equipment such as playground structures and ball fields (but not including
structures such as garages, storage buildings, toilets or warming houses) may be plac ed
closer than the required structure setback provided they lie outside the area required for
the native vegetative buffer;
(v) Ground or pole mounted solar or wind power collection systems shall not be plac ed
within the impervious surfaces setback in the Shore Impact Zone;
(vi) Removal of invasive vegetative species is allowed within the naturally vegetative
buffer area with an approved shoreland permit, provided there is replacement with non-
invasive and non-harmful species;

Figure 50-18.1-3

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50-18.1 Natural Resources Overlay

4. Uses and special use permits.

(a) Those permitted and special uses shown in Table 50.19.8, subject to the issuance of any
shoreland permit required by subsection D.1 and compliance with the standards of s ubs ect ion
D.2, except as listed below. Agricultural uses are not permitted in the shore impact zone. Within
shoreland areas that are outside of the shore impact zone, agricultural uses are permitted if st eep
slopes are maintained in permanent vegetation or the land is operated under an approved
conservation plan from the St. Louis County Soil and Water Conservation District;
(b) All industrial uses, including mining, extraction and storage, on coldwater rivers or natural
environmental waters require a special use permit pursuant to Article V. The application for a
special use permit must include a thorough evaluation of the topographic, vegetation and soils
conditions on the site;
(c) Standards for special use permit:
(i) Compliance with all development requirements for shorelands in this Section 50-
18.1.D;
(ii) Prevention of soil erosion, stormwater runoff or other possible pollution of public
waters, both during and after construction or use;
(iii) Restoration of the shoreline buffer to a natural state;
(iv) Screening of structures and other facilities as viewed from regulated waters, as
shown on the NR-O map;

5. Shoreland permit for water access via walkways, stairways,steps and landings.
A Shoreland permit shall be required for walkways, stairways, steps and landings providing
access to water. Shoreland permit applications must comply with Section 50-37.13 Zoning
Permits of the UDC.

(a) Shoreland water access permit applications shall include submittal of the following:
(i) Property boundary survey prepared by a licensed Surveyor.
(ii) Site plan
(iii) Grading plan;
(iv) Landscape plan
(v) Erosion control permit application;
(vi) Proof of notification to adjacent property owners of an application for a zoning permit
to construct stairways, steps and landings (not required for walkways);
(vii) Written statement accepting liability for repair of damage to the slope, i.e. erosion,
loss of vegetation and/or sloughing caused by the walkway, stairway or stairway
construction.
(b) Application review standards:
(i) All walkways, stairways, steps and landings must be constructed in a manner
that requires the least amount of disturbance possible;
(ii) A walkway not involving construction of a stairway must be constructed in such a
way as to prevent soil erosion, may be natural-surfaced or paved, must be limited to 4
feet in width, only one is allowed per lot. For new development on lots zoned as mixed
use development or residential planned development access must be centralized in one
location and located in areas suitable for the development;
(iii) Stairways, steps and landings shall comply with applicable building codes;
(iv) Stairways cannot exceed 100 feet in length and 4 feet in width;
(v) Stairways, steps and landings must be located at least 3 feet above the Ordinary
high water mark or to the Ordinary high water mark if approved by the Land Use
Supervisor provided that it is determined that the extension is necessary to preserve
access to water,

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50-18.1 Natural Resources Overlay

(vi) A stairway providing access to Lake Superior will need to be above the
regulatory flood protection elevation and be outside of the wave run up boundary as
determined by the DNR. Activities below the Ordinary high water mark shall comply with
DNR regulations;
(vii) A stairway providing access to Lake Superior shall be cabled off to ground
anchor points to insure it is not dislodged and swept out into the adjacent waterbody;
(viii) If the stairway structure providing access to Lake Superior is dislodged and ends
up in the Lake, the Permitee or his successor in interest to the property agrees to
promptly remove completely the structure from the Lake and to restore the property upon
which it had been located to substantially the condition it had been in prior to the original
installation of the structure;
(ix) Landings for stairways must not exceed 32 square feet on residentially-zoned
lots and 64 square feet on mixed use and industrially-zoned lots;
(x) Canopies or roofs shall not be allowed on stairways, steps or landings;
(xi) Stairways, steps and landings may be either constructed above the ground on
posts, or placed on the ground, provided they are designed and built in a manner that
ensures control of soil erosion;
(xii) The use of natural or earth-tone building materials shall be required for the
construction of stairways, steps and landings so they are not visually intrusive.

6. Subdivisions.
New subdivisions in the shoreland area shall meet the following requirements:
(a) The land shall not be subdivided until the land has been rezoned into the R-P zone
district, and the concept and detailed development plans required in the R-P districts shall be
designed to comply with the provisions of this Section 50-18.1.D;
(b) A buffer at least 50 feet in width, consisting of trees, shrubs and ground c over of plant s
and understory in a natural state, is required within a line parallel to the ordinary high water level
or highest known water level, whichever is higher, and as close to the ordinary high water level as
topography and the health of the plants will permit;
(c) After construction is completed, the owner of the property shall be responsible for any
continued need for erosion and sediment control and restoration on the property;

7. Nonconforming lots of record.

Lots of record in the office of the county recorder on November 19, 2010, may be allowed an
exception from the structure setback requirement in subsection D.3. If the lot of rec ord c annot be
developed under the setback requirements of subsection D.3, then:
(a) The lot may be developed without a variance if (1) principal structures exist on the
adjoining lots on both sides of a proposed building site, and (2) the proposed structure will be
located no closer to the protected shore than the principal structure on either adjoining site,
and (3) the resulting adjusted setback does not result in the proposed building being located in a
shore impact zone; or
(b) The lot may be developed if a variance is obtained pursuant to Article V;

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50-18.1 Natural Resources Overlay

E. Stormwater management and erosion control.

1. Goals and purpose.
(a) The federal Clean Water Act (CWA) requires that municipal stormwater discharges be
authorized under the national pollution discharge elimination system (NPDES). The city is
allowed to discharge its stormwater under coverage provided by a CWA municipal separate storm
sewer system general permit (MS4 permit). As part of the requirements of the permit, the c it y is
required to develop a stormwater pollution prevention program (MS4 program) with specific goals
requiring:
i. Non-degradation of all city waters;
ii. Restrictions to special designated waters in the city, including: (a) Lake Superior
(which is an MPCA designated outstanding value resource water with both restricted
discharge and impaired water designations); (b) St. Louis River (which is an MPCA
designated impaired water and area of concern; and (c) 16 trout streams designated
by the DNR;
(b) The goals described in the city’s MS4 program pertaining to illicit discharge detection and
elimination, construction-site runoff controls, and post-construction runoff treatment are
incorporated into this Chapter by reference;
(c) The purpose of this Section 50-18.1.E is to establish regulations to comply with the
federal CWA and the city’s MS4 permit and to achieve the goals stated in the city’s MS4 program;
(d) All proposed developments shall follow the requirements in the most recent version of the
city of Duluth, engineering guidelines for professional engineering services and developments,
and the city of Duluth construction standards were applicable;
(e) Refer to the Minnesota Stormwater Manual and other stormwater management
publications for temporary and permanent low impact development design practices;

2. Temporary erosion and sediment controls.

(a) Applicability.
This Section 50-18.1.E.3 applies to all land disturbing activities within the city, except
those specifically exempt in this Section and those subject to a superseding or
preemptive state or federal law. This Section shall be deemed to supplement, but not t o
conflict with, the applicable provisions of the State Building Code;
(b) Requirements.
All proposed development and redevelopment and all subdivision plats and re-plats shall
include drainage system and temporary erosion and sediment best management
practices (BMPs) in compliance with the city’s MS4 program and the requirements shown
in Table 50-18.1.E-1 below. Plans, engineering analysis and calculations, diagrams,
drainage reports and other data shall be submitted, as required by the c ity engineer or
designee with each development proposal or application for permit;

Article 2, Page 69 (UDC 12/21)

50-18.1 Natural Resources Overlay

Table 50-18.1.E-1: Temporary Erosion and Sediment Controls

Land Area Disturbed ►
> 3,000 sq,
≤ 3,000 sq. ft.
[1] ft. and < 1 ≥ 1 acre
Development Plan Measures Re qui red
acre [2]
▼
Temporary erosion and sediment controls to
✓
prevent any off -site migration of sediment
Site specific Erosion and Sediment Control
Plan (ESCP) and ESCP Permit from city ✓ ✓
engineer
Site specific Stormw ater Pollution Prevention
Plan (SWPPP) meeting MPCA NPDES Permit ✓ ✓
requirements for Construction Activity
MPCA NPDES/State Disposal System
✓
Construction Stormw ater Permit
MS4 Statement of Compliance from city
✓ ✓
engineer
[1] If the city engineer determines that the proposed development is in a vulnerable area and may cause the
degradation of the waters connected to the city’s stormwater system, then the provi sions applicable to land
disturbance areas greater than 3,000 sq. ft. shall apply.
[2] If land disturbed is within a mapped shorelands zone, an MS4 Statement of Compliance from the city engineer is
also required.

(c) Authority to waive.

The city engineer has authority to waive the requirements in Table 50-18.1.E.1 in
accordance with the city’s MS4 permit. If stormwater and erosion controls required by
this subsection 2 are demonstrated to be technically feasible, provisions of subsect ion 2
must be met to the maximum extent practicable;

3. Permanent water quality and discharge rate, volume and temperature controls.
(a) Applicability.
(i) This Section 50-18.1.E.3 applies to all land disturbing activities within the city,
except those specifically exempt in this Section and those subject to a superseding or
preemptive state or federal law. This Section shall be deemed to supplement, but not to
conflict with provisions of the State Building Code;
(ii) This Section does not apply to pavement resurfacing and pavement rehabilitation
projects that meet all of the following conditions:
• No new impervious surface is created;
• There is no change to the configuration of the site;
• There is no change to the land use;
(b) General requirements.
All proposed development and redevelopment and all subdivision plats and re-plats shall
include a drainage system with stormwater runoff site, volume and temperature c ontrols
and water quality treatment in compliance with the city’s MS4 program and the
requirements shown in Table 50-18.1.E-2 below. Plans, engineering analysis and
calculations, diagrams, drainage reports and other data shall be submitted, as required
by the city engineer with each project (referred to as the “development plan” below);

Article 2, Page 70 ( UDC 12/21)

50-18.1 Natural Resources Overlay

Table 50-18.1.E-2: Permanent Water Quality and Discharge Rate, Volume and
Temperature Controls [See additional requirements for land in shorelands below]
Total New Impervious Area Created or the
Impervious Area Redeveloped[1][2]

Development Plan Measures ≤ 3,000 sq. ft. > 3,000 sq. ft. [3][4]
required ▼
Water quality treatment ✓
Runoff rate controls ✓
Volume Controls ✓
Temperature Controls [5] ✓
Drainage report NONE ✓
Site specific SWPPP ✓
BMP Operation and Maintenance ✓
Manual
MS4 Statement of Compliance from
✓
city engineer
[1] The total area is the sum of both the new and redeveloped impervious areas that are part of the

common plan of development or sale.

[2]
A pavement resurfacing or pavement rehabilitation project is exempt w here: (a) no new impervious
surface is created; and (b) no change to configuration of the site occurs; and (c) no change to land -
use occurs.
[3] An individual one-family or tw o-family residence (that is not part of a common plan of development)

w ith less than 10,000 sq. ft. of disturbed area and less than 7,500 sq. ft. of new impervious area is
exempt.
[4] If the site contains an existing impervious surface area greater than one acre, the drainage report

must include a determination of the current total suspended solids removal across the entire site. If
the current TSS removal is below 50 percent, the drainage report must include an evaluation of the
feasibility of increasing the TSS removal to 50 percent on an annual basis across the entire site.
[5]
Temperature controls are required for projects that discharge to, and are w ithin one mile from, a
trout/cold w ater stream.

(c) Authority to waive.

The city engineer has authority to waive the requirements in Table 50-18.1.E-2 in
accordance with the city’s MS4 permit, if the developer demonstrates it to be technic ally
non-feasible AND then mitigates for the non-compliance by increasing the level treatment
or control of one of the other requirements;
(d) Shoreland requirements.
(i) In addition to the requirements in subsection 50-18.1.E.3(b) above, no residential
development or redevelopment within a shoreland shall result in impervious surface area
exceeding 25 percent of the lot area unless the owner (a) submits a development plan
including water quality treatment and (b) obtains an MS4 statement of compliance by the
city engineer;
(ii) In addition to the requirements in subsection 50-18.1.E.3(b) above, no
commercial, mixed use, institutional or industrial development or redevelopment within a
shoreland shown on the NR-O map shall create new impervious surface area unless the
owner (a) submits a development plan including water quality treatment and (b) obtains
an MS4 statement of compliance issued by the city engineer;
(e) Water quality treatment requirements.
Where subsection 50-18.1.E.3(b) requires that a development plan include water quality
treatment, the development or redevelopment must provide at least the minimum
treatment shown in Table 50-18.1.E.3;

Article 2, Page 71 (UDC 12/21)

50-18.1 Natural Resources Overlay

Table 50-18.1.E-3: Water QualityTreatment Requirements (Total Suspended

Solids TSS, Total Phosphorus TP)
Development New and Existing Required Treatment
Type Impervious surface
New > 3,000 S.F. No net increase of TSS/TP from
predevelopment conditions.
Redevelopment > 3,000 S.F. and < 1 acre 10% reduction in impervious surface or
50% TSS removal (TP to be removed via
TSS reduction).
Redevelopment ≥ 1 acre 50% TSS removal. No net increase in TP
from pre-project condition.

(f) Runoff rate control.

Where subsection 5018.1.E.3(b) requires that a development plan include runoff rate
control, the development or redevelopment must be designed to provide the cont rols as
follows. Runoff rate control is beneficial in the upper, flatter part of the watershed above
the bluff line. Below the bluff line, the topography is relatively steep and stormwater flows
quickly to Lake Superior and the St. Louis River. This bluff line designat ion is s how on
the NR-O map. The stormwater rate control requirements for development and
redevelopment are shown in Table 50-18.1.E-4;

Table 50.18.1.E-4: Discharge Rate Limits

Location ► Post-Development Peak Flow Rates at
Each Discharge Point Shall Not Exceed
Zone A -- Zone B --
Type of Activity ▼ Above Bluff Line Below Bluff Line
New Developm ent 75% of predevelopment peak flow rates Predevelopment peak
for 10 and 100 year events; and flow rates for all storm
90% of predevelopment peak flow rate events
for 2 year event
Redevelopm ent Predevelopment peak flow rates for all Predevelopment peak
storm events flow rates for all storm
events
(g) Stormwater runoff volume control.
Where subsection 50-18.1.E.3(b) requires that a development plan include s torm wat er
runoff volume control, the development or redevelopment must be designed to provide
the controls so that the volume of stormwater runoff discharged from a proposed projec t
shall not exceed the pre-development site conditions;
(h) Storm water temperature control.
Temperature controls are required for development and redevelopment where subsection
50-18.1.E.3(b) specifies. Temperature controls are beneficial for trout/cold water
streams, by minimizing the increase in stream temperatures from stormwater runoff from
impervious surfaces that tend to be warmer than natural vegetated surfaces. The
potential for the increase in temperature of stormwater runoff discharged from a proposed
project shall be minimized through the use of certain BMPs and/or site design methods;
(i) General design criteria.
(i) New minor system drainage systems shall be designed to efficiently convey the
peak discharge rates for a ten-year flow;
(ii) New major system drainage systems shall be designed to efficiently convey the
peak discharge rates for a 100-year flow;
(iii) The 100-year rainfall event or 100-year peak flow shall be evaluated to ensure
that no damage occurs to adjacent properties for all systems;

Article 2, Page 72 ( UDC 12/21)

50-18.1 Natural Resources Overlay

(iv) The stormwater management systems for any new or redevelopment project
shall maintain at least two feet of freeboard between the anticipated 100-year high water
elevation and the minimum building opening;
(v) Consideration may be given for treating existing untreated impervious areas
diverted to the site and included in the control area for analysis if it is in the best interest
of the city;
(vi) All impervious areas shall be considered connected and curve numbers shall not
be weighted for impervious areas except under special circumstances;
(vii) Ninety-five percent of all newly added impervious surface shall have its runoff
directed to the water quality treatment area. If it is impractical to direct 95 percent of the
added impervious surface to water quality area, alternate methods may be used in
combination so long as 95 percent is treated and all peak flow requirements are fulfilled;
(viii) Flow shall not be diverted from one major or minor system to another major or
minor system;
(ix) When stormwater management plans involve directing runoff from a site, it shall
be the responsibility of the applicant to obtain from adjacent property owners any
necessary easements or other property interests concerning flowage of water to a point
where the stormwater enters a major system;
(x) Adequate measures shall be taken to prevent uncontrolled drainage across lot
lines;

4. General stormwater restrictions.

City of Duluth has numerous ordinances regarding stormwater runoff and the protection of the area’s
water resources. Refer to the Duluth, MN - Legislative Code, Chapter 43 Article XI Stormwater Utility
System, Chapter 45 Division 2 – Improvements by Private Party and Article VIII – Obstructions to
Watercourses, and Illicit Discharge;

5. Ownership and maintenance.

(a) Maintenance of temporary erosion and sediment control practices.
During the period of a land disturbing activity, the person engaging in the cons truct ion shall be
responsible for installing and maintaining erosion and sediment control practices. After
construction is completed, the owner of the property shall be responsible for installing and
maintaining erosion and sediment control practices. For the purposes of inspection during
construction monitoring, the permittee shall maintain inspection logs and will make them available
to the city upon request. The permittee shall retain the inspection logs for three y ears aft er t he
project is complete;
(b) Ownership.
(i) All components of the stormwater management system shall be constructed,
owned, operated and maintained by the developer or owner(s) to their confluence with
the major system or city owned minor system;
(ii) In the case of developments in which right-of-way is transferred to public
ownership, the storm drain system within the city right-of-way shall be owned and
maintained by the city. Stormwater treatment facilities and ponds shall be in common
space and shall be owned and maintained by the developer or the owners of the
development. Stormwater treatment facilities shall not be located in the public right-of-
way;
(c) Owner inspection, operation and maintenance.
(i)A stormwater management facilities operation and maintenance manual shall be
prepared by an engineer for the development and approved by the city engineer;
(ii) Stormwater management facilities shall be designed to minimize maintenance and
provide inspection and maintenance access;
(iii) All facilities shall have a plan of operation and maintenance that assures continued
effective removal of runoff pollutants and accumulated sediment;

Article 2, Page 73 (UDC 12/21)

50-18.1 Natural Resources Overlay

(iv) The developer or the owner(s) shall be responsible for inspection, maintenance
and reporting for all non-publicly owned stormwater management facilities
associated with the development. Facilities shall include struct ural component s
and all non-structural components (buffer strips, swales and other stormwater
management practices that were part of the approved development);
(v) An annual inspection and maintenance report shall be submitted to the city
engineer. Inspection and maintenance shall be performed on a regular basis so
the stormwater management facilities function as designed, but not less than
annually. Maintenance work and repairs identified in the annual report shall be
completed within three month of the annual inspection;
(vi) The inspection and maintenance of the stormwater facility shall be performed by a
qualified professional and who will prepare and sign the annual
inspection/maintenance report.

Copies of the inspection and maintenance records shall be maintained by the developer or owner
for a period of six years. Copies of all inspection records shall be provided to the city upon
request. (Ord. No. 10041, 8-16-2010, § 2; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10075;
1-24-2011, § 1; Ord. No. 10082, 4-11-2011, § 1 [NR-O Map 6]; Ord. No. 10096, 7-18-2011, § 13;
Ord. No. 10285, 3-10-2014, § 1; Ord. No. 10341, 11-24-2014, § 1; Ord. No. 10456, 7-11-2016, §
1; Ord. No. 10570, 5-29-2018, § 1)

Article 2, Page 74 ( UDC 12/21)

50-18.2 Airport Overlay

50-18.2 Airport Overlay (A-O)

The A-O district is intended to protect the lives and property of users of Duluth International A irport and
Sky Harbor Municipal Airport from hazards and to protect the lives and property of residents living in t he
vicinity of the airports from risks and impacts of airport-related activities. The purpose of t his dis t rict is
also to prevent and, when possible, to minimize, reduce or remove hazards that interfere with the safe
operation of the respective airports.

A. Purpose and authority.

The council, pursuant to the provisions and authority of Minnesota Statute Sec. 360.063, hereby finds and
declares that:
1. Airport hazards endanger the lives and property of users of Duluth International Airport and t he
Sky Harbor Municipal Airport, and property or occupants of land in their vicinity, and may reduc e
the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending t o
destroy or impair the utility of the airports and the public investments they represent;
2. The creation or establishment of an airport hazard is a public nuisance and an injury to the region
served by both airports;
3. For the protection of the public health, safety, and welfare, it is necessary to prevent the creat ion
or establishment of airport hazards;
4. The prevention of these airport hazards should be accomplished, to the extent legally possible, by
the exercise of the police power without compensation;
5. The prevention of the creation or establishment of airport hazards, and the elimination, removal,
alteration mitigation, or marking and lighting of existing airport hazards are public purposes;

B. Airport zoning ordinance incorporated.

This Section 50-18.2 incorporates the Duluth International Airport Zoning Ordinance, as amended,
created by the Duluth Airport Authority and the Duluth International Airport zoning board under the
authority of the Laws of Minnesota 1969, Chapter 577, and MSA 360.061 to 360.074, as amended. A ny
changes to this Section 50-18.2 must comply with the requirements of MSA 360.061 to 360.074, as
amended;

C. Land affected.
The land affected by this Section 50-18.2 is shown on exhibits 50-18.2-1 and 2;

Article 2, Page 79 (UDC 12/21)

50-18.2 Airport Overlay

E. Land use safety zoning.

1. Safety zone boundaries.
Safety zones are created to protect the surrounding community and to assist aircraft in the event
of emergency landings. Safety zones seek to limit the population and building density to prot ect
life and property in case of accident. In order to carry out the purpose of this Section t o res tric t
those uses that may be hazardous to the operational safety of aircraft operating to and from t he
Duluth International Airport or Sky Harbor Municipal Airport, the following land use safet y z ones
are established:

2. Safety Zone A.
All land in that portion of the approach zones of a runway, as defined in subs ect ion 50-18.2. D,
that extends outward from the end of primary surface a distance equal to 2/3 of the planned
length of the runway, which distance is:
(a) 7,435 feet for Duluth International Airport runway 9-27;
(b) 5,415 feet for Duluth International Airport runway 3-21;
(c) 2,230 feet for Sky Harbor Municipal Airport runway 14-32;
3. Safety Zone B.
All land in that portion of the approach zones of a runway, as defined in subsection 50-18.2.D that
extends outward from Safety Zone A a distance equal to 1/3 of the planned length of the runway ,
which distance is:
(a) 3,718 feet for Duluth International Airport runway 9-27;
(b) 2,708 feet for Duluth International Airport runway 3-21;
(c) 1,120 feet for Sky Harbor Municipal Airport runway 14-32;

4. Safety Zone C.
All that land that is enclosed within the perimeter of the horizontal zone, as defined in subsect ion
50-18.2.D, and that is not included in Safety Zone A, Safety Zone B, or the exempted parcels
referred to in Section 50-18.2.D.5;

F. Land use restrictions.

1. General.
No use shall be made of any land in any land
use safety zone that creates or causes
interference with the operations of radio or
electronic facilities on the airport or with radio or
electronic communications between the airport
and aircraft, make it difficult for pilots to
distinguish between airport lights and other
lights, results in glare in the eyes of pilots us ing
the airport, impairs visibility in the vicinity of t he
airport or otherwise endangers the landing,
taking off or maneuvering of aircraft;

2. Zone A.
Areas designated as Zone A shall contain no buildings, temporary structures, exposed
transmission lines, or other similar above ground land use structural hazards, and shall be
restricted to those uses that will not create, attract or bring together an as s embly of more t han
100 persons on the property. Permitted uses may include but are not limited to: agriculture
(seasonal crops), horticulture, animal husbandry, raising of livestock, wildlife habitat, light outdoor
recreation (non spectator), cemeteries and automobile parking;

3. Zone B.
Areas designated as Zone B shall be restricted in use as follows:
(a) Each use shall be on a site of not less than three acres;

Article 2, Page 80 ( UDC 12/21)

50-18.2 Airport Overlay

(b) Each use shall not create, attract or bring together a site population that would exceed 15
times that of the site acreage. Compliance with this subsection shall be determined by
multiplying the number of required parking spaces for each use on the site by the vehicle
occupancy rates for each use on the site, as provided in Table 50-18.2.-1;

TABLE 50-18.2-1: Vehicle Occupancy Rates

Land Use Vehicle Occupancy Rate

Industrial / Storage / Transportation 1.2
Educational 1.2
Health Care 1.7
Retail Store 1.5
Restaurant / Community and Cultural Facility /
2.0
Recreational
Exam ple: The site population for a 1,500 sq. ft. restaurant is calculated as follow s:
15 (i.e., 1 parking space per 100 sq. ft) X 2.0 (i.e., vehicle occupancy rate) = 30
people. Therefore, the site w ould need to be at least 2 acres in size to meet the 15
people / acre maximum site population limit.

(c) Each site shall have no more than one building plot upon which any number of structures
may be erected;
(d) A building plot shall be a single, uniform and non-contrived area, whose shape is
uncomplicated and whose area shall not exceed the following minimum ratios with respect to t he
total site area:

TABLE 50-18.2-2: Ratio of Site Area to Building Area

Site area Ratio of site area to Building

building plot area plot area (sq.
ft)
3.00 – 3.99 acres 12:1 10,900
3:00 – 5.99 acres 10:1 17,400
6:00 – 9.99 acres 8:1 32,700
10:00 – 19.99 acres 6:1 72,600
20:00 acres or more 4:1 218,000

(e) The following uses are specifically prohibited in Zone B: churches, hos pit als , s chools,
theaters, stadiums, hotels, motels, trailer courts, campgrounds and other places of frequent public
or semi public assembly;

4. Zone C.
Zone C is subject only to height restrictions set forth in subsection D above and t o t he general
restrictions contained in subsection F.1 above;

5. Exemptions for established residential neighborhoods.

Land uses that existed as of June 18, 1988, for the Duluth International Airport, and as of January
1, 1994, for Sky Harbor Municipal Airport, and that were established residential neighborhoods in
built-up urban areas on those dates, are subject to the height restrictions of subsection D above,
but are not subject to the additional restrictions in subsections F.2 or 3 above. Land us es t hat
came or come into existence after those dates, are treated as though they were or are no t in a
listed established residential neighborhood and are subject to the restrictions in subsect ions F.2
or 3 above, as applicable based on the location of the property. (Ord. No. 10044, 8-16-2010, §
6.)

Article 2, Page 81 (UDC 12/21)

50-18.3 Historic Resources Overlay

50-18.3 Historic Resources Overlay (HR-O).

A. Purpose.
The purpose of this Section 50-18.3 is to preserve, protect and promote any areas, places, buildings,
structures, lands, districts and other objects having a special historical, community or aesthetic interest or
value. The Historic Resources Overlay:
1. Safeguards the heritage of the city by preserving properties that reflect elements of the city’s
cultural, social, economic, political, engineering, visual or architectural history;
2. Protects and enhances the city’s appeal and attraction to residents, visitors and t ourist s, while
enhancing its economic viability through the protection and promotion of its unique charact er as
related to its history and heritage;
3. Enhances the visual and aesthetic character, diversity and interest of the city;
4. Fosters civic pride in the beauty and notable accomplishments of the past;
5. Promotes the preservation and continued use of historic properties for the education and general
welfare of the people of the city;

B. Designation of historic resources.

1. Through the process for designating historic resources in Section 50-37.8, or its predecessor
ordinance previously codified as Chapter 28A of the City Code, the heritage preservation
commission has designated:
(a) Two historic preservation districts: the Duluth Civic Center Historic District, and the
Duluth State Normal School Historic District, whose boundaries are shown on Exhibits 50-18. 3-1
and 50-18.3-2; and
(b) Those designated historic preservation landmarks on file with the secretary of the
planning commission;
2. The heritage preservation commission and planning commission may from time to time
recommend, and the council may approve, additional historic preservation districts or landmark s
pursuant to Section 50-37.8;

C. Review of construction/demolition activities.

Within those designated historic preservation districts shown on Exhibit 50-18.3-1 and those historic
preservation landmarks on file with the secretary of the planning commission:
1. Construction and demolition activities, including all street and utility activities, shall be approved
pursuant to Section 50-37.14;
2. The issuance of city permits to do any of the following shall be approved pursuant to Section 50-
37.14:
(a) Remodel, repair or alter in any manner that will change the exterior appearance;
(b) New construction, including parking facilities;
(c) Move a building;
(d) Change the nature or appearance of a designated historic preservation landmark or
district, including landscape features;
(e) Demolition in whole or in part;

D. Emergency repair.
In emergency situations where immediate repair is needed to protect the safety of the structure and its
inhabitants, the building official may approve the repair of only those items needed to ensure safety.
Such repairs shall be limited to those necessary to correct the safety emergency. In the case of a permit
issued pursuant to this subsection D, the building official shall require that the repairs be made in
conformance with the U.S. secretary of interior's recommended standards for heritage preservation
projects and adopted historic preservation guidelines for the landmark or district to the extent possible. In
addition, the building official shall immediately notify the historic preservation commission of the action
and specify the facts or conditions constituting the emergency situation;

Article 2, Page 82 ( UDC 12/21)

50-18.3 Historic Resources Overlay

E. Building code enforcement.

This Section 50-18.3 is also intended to encourage the sensitive rehabilitation, restoration, s tabilization
and preservation of historic buildings throughout the city. These rehabilitation and preservation efforts
should provide for the upgrading and maintenance of the safety features of the building or structure to
provide a practical level of safety to the public and surrounding properties. While ensuring this increased
level of public safety, the enforcement authorities are encouraged to be open to acceptable alternative
solutions and alternative compliance concepts, where practical, that will permit the continued use of
existing buildings and structures without creating overly restrictive financial burdens on owners or
occupants. Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of
any exterior elements of any building or structure.
(Ord. No. 10041, 8-16-2010, § 4; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 14; Ord.
No. 10225, 5-28-2013, § 3.)

Article 2, Page 83 (UDC 12/21)

50-18.3 Historic Resources Overlay

Exhibit 50-18.3-1

Article 2, Page 84 ( UDC 12/21)

50-18.3 Historic Resources Overlay

Exhibit 50-18.3-2
50-18.4 Skyline Parkw ay Overlay

50-18.4 Skyline Parkway Overlay (SP-O).

A. Purpose.
The purpose of this Section 50-18.4 is to protect the unique character and visual qualities of Skyline
Parkway as documented in the Skyline Parkway corridor management plan and the comprehensive land
use plan while protecting the property rights of private property owners affected by these regulations.
One key purpose is to protect views from Skyline Parkway toward Lake Superior, the St. Louis River, and
the harbor, from a wide variety of vantage points along the Parkway and to encourage the construction of
narrower buildings located farther from the Skyline Parkway rather than wider buildings located clos er t o
the parkway;

B. Land affected.
The regulations of this Section 50-18.4
Exhibit 50-18.4-1: Measurement of 200’ boundary
apply to all private and public property
located within 200 feet of the downhill
side of Skyline Parkway as shown on
Exhibits 50-18.4-2 to 4. The 200 foot
distance shall be measured from the
edge of the right-of-way along the s lope
of the affected property (not horizontally
from the road), as shown in Figure 50-
18.4-1. The Skyline Parkway Overlay
maps are shown only for illustrative
purposes and are not intended to
regulate the boundary of the 200 feet
distance as described above;

Article 2, Page 86 ( UDC 12/21)

50-18.4 Skyline Parkw ay Overlay

Exhibit 50-18.4-1

Article 2, Page 87 (UDC 12/21)

50-18.4 Skyline Parkw ay Overlay

Exhibit 50-18.4-2

Article 2, Page 88 ( UDC 12/21)

50-18.4 Skyline Parkw ay Overlay

Exhibit 50-18.4-3

Article 2, Page 89 (UDC 12/21)

50-18.4 Skyline Parkw ay Overlay

Exhibit 50-18.4.4

Article 2, Page 90 ( UDC 12/21)

50-18.4 Skyline Parkw ay Overlay

C. Construction and reconstruction affected.

This Section 50-18.4 shall apply to (1) all construction of new buildings or additions to buildings , (2) all
reconstruction of an existing building or addition, (3) all construction of fences and walls, and (4) all
installation and maintenance of landscaping within the SP-O zone district, after November 10, 2010.
Buildings, additions, fences and walls that are permitted or exist on November 19, 2010, shall not be
required to comply with the provisions of this Section, and shall be considered conforming structures for
zoning purposes;

D. Design controls.
When construction of a building or an addition to a building, or reconstruction of an ex is ting building or
addition is proposed within the SP-O zone district, the following standards shall apply:
1. The building or addition shall be located at least 50 feet from the right-of-way of Skyline Parkway,
or as close to that distance as is reasonably possible without violating required side or rear
setbacks;
2. The long axis of a new structure shall be located within 20 degrees of perpendicular to the right -
of-way line of Skyline Parkway at the midpoint of the front property line, or if that is not pos sible
due to site or engineering constraints, then as close to that number as is reasonably possible;

Exhibit 50-18.4-6: Exhibit 50-18.4-7:

Measurement of Long Axis Measurement of 50% of Lot Width

3. The width of a new primary structure closest to Skyline Parkway shall not exceed 50 perc ent of
the width of the lot at the point closest to or adjacent to the Skyline Parkway right -of-way . For
purposes of this paragraph, the width shall including all portions of the structure (including
attached garages or enclosed porches);
4. Where an addition to an existing structure is proposed, the location of that addition shall not result
in the width of structure and addition, taken together, exceeding 50 percent of the width of the lot
at the point closest to or adjacent to the Skyline Parkway right-of-way;
5. The provisions of subsections 1 through 4 above shall not apply to any structure located and
designed so that no part of the structure (other than chimneys) extends taller than three feet
above the elevation of Skyline Parkway closest to the structure;
6. No wall located within 50 feet of horizontal distance from the property line along Skyline Parkway
shall exceed a height of three feet above the elevation of the centerline of Skyline Parkway;
7. All portions of a fence located within 50 feet of horizontal distance from the property line along
Skyline Parkway and extending more than three feet above the elevation of the centerline of
Skyline Parkway shall be at least 75 percent transparent. No more than 25 percent of t he area
bounded by the top, bottom, and sides of the fence may be constructed of solid or opaque
materials;

Article 2, Page 91 (UDC 12/21)

50-18.4 Skyline Parkw ay Overlay

8. No landscaping located on the 50 percent of the lot width not occupied by the primary s truct ure
may be of a species that will have a height at maturity of more than three feet above the elevation
of the centerline of Skyline Parkway, and all installed landscaping in those areas shall be
maintained so that its height does not exceed three feet above the elevation of the c ent erline of
Skyline Parkway. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10192, 12-17-2012, § 7.)

Article 2, Page 92 ( UDC 12/21)

50-18.5 Higher Education Overlay

50-18.5 Higher Education Overlay (HE-O).

A Purpose.
The purpose of this Section 50-18.5 is to minimize the impacts of potential student use on adjacent
residential neighborhoods and to encourage the development of pedestrian friendly neighborhood
destinations near the UMD [University of Minnesota-Duluth] and St. Scholastica campuses;

B Applicablity.
This Section applies to land within the HE-O, shown in Exhibit 50-18.5-1, that (a) is zoned R-2 or MU-N;
and (b) includes new development or redevelopment where the value of the redevelopment exceeds 75
percent of the market value of the land and buildings, as indicated by tax assessor’s records; except for:
1. One-family or two-family dwellings;
2. Any residential development where all of the dwelling units are restricted by development
agreement or covenant for occupancy by those aged 50 and over or for occupancy by t hose
individuals and households protected by the federal Fair Housing Act amendments of 1988.
A planning review by the planning commission, pursuant to the procedures in Article 5, shall be required
unless exempt in the above applicability standards;

C Development standards.
1. General.
(a) Vehicle ingress and egress shall be located in a manner that avoids or minimizes impacts
to residents in adjacent R-1 districts and that reduces the potential for pedestrian-
vehicular conflicts;
(b) Primary buildings shall adhere to a build-to zone of five feet to 20 feet along primary
streets. This requirement shall supersede building setbacks in Section 50-14. 6 and 50-
15.2. Alternatively, if the land use supervisor determines that site conditions such as
existing buildings or topography make this unfeasible, pedestrian walkways can be us ed
to connect people from public sidewalks along primary streets to businesses and
residences. These walkways shall:
• Include pedestrian-scaled lighting;
• Be raised or otherwise designed to encourage run-off and limit ponding during
wet weather;
• Be visually recognizable to both pedestrians and motorists;
• Include trees and other landscaping along the length of the walkway; this
landscaping can also be used to meet parking lot landscaping requirements in
Section 50-25.4;
• Be at least five feet wide;
• Include well-marked crossings where the walkway intersects with private vehic le
drives;
(c) Unless lighting meets exception criteria in Section 50-31.1.B, the maximum height of any
light pole is 20 feet;
2. Residential.
(a) Required resident parking spaces shall be provided at the ratio of 0.7 space per
bedroom, with a minimum of one space per dwelling unit;
(b) Visitor parking spaces shall be provided at the rate of 15 percent of required resident
parking spaces;
(c) At least one bicycle or motorized scooter parking space per five parking spaces shall be
provided, which shall not be located in any required yard or between the principal
dwelling and the street;
(d) A development that provides an enhanced shelter with space dedicated solely for bicycle
or motorized scooter parking shall be granted a reduction in the off-street parking
requirement of five percent if the shelter complies with the following standards:
• The enhanced shelter shall not be located in any required yard setback;
• The enhanced shelter shall not be located between the principal building and
a public street;

Article 2, Page 93 (UDC 12/21)

50-18.5 Higher Education Overlay

• The enhanced shelter shall be enclosed on at least three sides and covered
to adequately protect bicycles from the elements;
• The enhanced shelter shall utilize primary exterior materials that mat ch t he
primary exterior materials of the principal structure;
(e) If the development or redevelopment is determined to have mitigated the impacts of
potential student use in the adjacent residential neighborhood, the development or
redevelopment may adjust the parking requirements as provided in either Section
50-24.3.A or 50-24.3.B if eligible, but may not utilize both adjustments;
(f) No residential balcony, patio, or deck shall be located on any side of the property fac ing
and within 200 feet of an R-1 district;
3. Commercial.
(a) Commercial development shall be concentrated on major roads, not on streets intended
primarily for neighborhood traffic;

D Primary streets.
The following streets are designated as primary streets in the Higher Education Overlay District:
1. Woodland Avenue;
2. St. Marie Street;
3. Arrowhead Road;
4. College Street;
5. Kenwood Avenue, north of College Street;
6. Fourth Street;
7. London Road;
8. Superior Street;
9. Ninth Street, between Sixth Avenue East and 15th Avenue East; and
10. Eighth Street, between 15th Avenue East and Woodland Avenue.

Article 2, Page 94 ( UDC 12/21)

50-18.5 Higher Education Overlay

(Added by Ord. No. 10192, 12-17-2012, § 8; Ord. No. 10286, 3-10-2014, § 5)

Article 2, Page 95 (UDC 12/21)

50-18.5 Higher Education Overlay

Article 2, Page 96 ( UDC 12/21)

50-19 Permitted Use Table

ARTICLE THREE. PERMITTED USES.

50-19 PERMITTED USE TABLE.

50-19.1 General.
Table 50-19.8, use table, lists land uses and indicates whether they are allowed by right or with a spec ial
use permit, or prohibited in each base zone district. The use table also includes references to any
additional regulations applicable to that use.
The following legend in Table 50-19.1 shall be referenced when using the Permitted Use Table in 50-
19.8.

TABLE 50-19.1: Use Table Legend for 50-19.8*

Abbreviation Reference
P Permitted Use
S Special Use, refer to 50-37.10
I Interim Use, refer to 50-37.10
A Accessory Use
U Use Permitted in the Upper Stories of the Form District Building
1 May Require Planning Commission Review Hearing (MU-C, MU-I, and
MU-W Only), refer to 50-37.11
May Require Additional Development Standards and Planning
2 Commission Review if in the Higher Education Overlay District (HE-O),
refer to 50-18.5
3 If allowed by an approved regulating plan, refer to 50-14-.7 and 50-15.7

Notes:

*Additional standards shall apply on uses within the natural resources, airport, historic
resources, or skyline parkway overlay districts (NR-O, A-O, HR-O, SP-O)
All permitted uses in the MU-N Zone District shall be considered as eligible for an interim use
permit in R-1 or R-2 District for structures identified as a city of Duluth Local historic
landmark, per Section 50-20.7.

(Ord. No. 10044, 8-16-2010, § 6; Ord No. 10286, 3-10-2014, § 6; Ord. No. 10366, 4-13-2015, § 3; Ord.
No. 10446, 4-11-2016, § 1; Ord. No. 10659, 10-28-2019, §3)

50-19.2 Permitted uses.

A “P” in a cell of the use table indicates that the land use is allowed by right in t hat bas e z one distric t,
subject to compliance with the use-specific standards referenced in the final column of the us e t able. A
“U” in a cell of the use table indicates that the land use is allowed by right in that base district on any floor
of the structure other than the ground floor, subject to compliance with the use-specific standards
referenced in the final column of the table. A “P” in the R-P and M-P zone district column indicat es t hat
the use is permitted only if its included in a plan or plan amendment for the R-P and MU-P district.
Permitted uses are subject to all other applicable requirements of this UDC, including those set for t h in
Article IV, Development Standards. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 15;
Ord. No. 10286, 3-10-2014, § 6.)

Article 3, Page 1 (UDC 12/21)

50-19 Permitted Use Table

50-19.3 Special uses and interim uses.

An “S” or an “I” in a cell of the use table indicates that the land use is allowed in that bas e zone dis trict
only upon approval of a special use or interim use permit as described in Section 50-37.10 and
compliance with any use-specific standards referenced in the final column of the use table. Uses subject
to a special use or interim use permit are subject to all other applicable requirements of this UDC,
including those set forth in Article IV, Development Standards. In addition, council may approve int erim
uses through the procedure described in Section 50-37.10. (Ord. No. 10044, 8-16-2010, § 6; Ord. No.
10286, 3-10-2014, § 6.)

50-19.4 Prohibited uses.

A blank cell in the use table indicates that the land use is prohibited in that base zone district. (Ord. No.
10044, 8-16-2010, § 6; cited only by Ord. No. 10286, 3-10-2014, § 6.)

50-19.5 Overlay districts provisions govern.

When a property is located within the boundaries of an overlay district, the provisions for that overlay
district prevail over those in the base zone district. For example, if a use is prohibited in t he bas e zone
district where the property is located, but is a permitted use in an overlay district applicable t o t he s ame
property, then the use is allowed on that property. On the other hand, if a use is listed as a permitted use
in the base zone district but is listed as a special use in an overlay zone district applicable t o t he s ame
property, then the use is a special use for that property. Where a property is locat ed in more t han one
overlay district, then the most restrictive use provision in those overlay zone district s s hal l apply t o the
property. (Ord. No. 10044, 8-16-2010, § 6; cited only by Ord. No. 10286, 3-10-2014, § 6.)

50-19.6 Use-specific standards.

When a land use is a permitted or a special use in a zone district, there may be additional standards t hat
apply to that specific use. Those additional standards are cross-referenced in the last column of t he us e
table (use-specific standards). The cross-referenced standards appear in Section 50-20 immediately
following the use table. (Ord. No. 10044, 8-16-2010, § 6; cited only by Ord. No. 10286, 3-10-2014, § 6.)

50-19.7 Unlisted uses.

P-1
I-G

AP
1, 2, 3,
as per table 50-19.1 Use
Specific
Standards
TEMPORARY USES
Temporary construction office or yard A A A A A A A A A A A A A A A A A A A A A A A A 50-20.6.A
Temporary event or sales A A A A A A A A A A A A A A A A A A A A A A A A 50-20.6.B
Temporary farm stand A A A A A A A A A A A A A A A A A A A A A
Storage or Shipping Container A A A A A A A A A A A A A A A A A A A A A A A 50-20.6.C
Temporary real estate sales office A A A A A A A A A A A A A A A A A A 50-20.6.D
Temporary use not listed in this table A A A A A A A A A A A A A A A A A A A A A A A A
FORM DISTRICT BUILDING TYPES
Main Street Building I P P
Main Street Building II P P P P
Main Street Building III P P
Corridor Building I P
Corridor Building II P P P
Lakefront Corridor Building P
Corridor Building III P
Cottage Commercial I P P
Cottage Commercial II P
Iconic Building P P P P P
(Ord. No. 10041, 8-16-2010, § 3; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 15; Ord. No. 10153, 5-14-2012, § 1; Ord. No. 10192,
12-17-2012, § 9; Ord. No. 10225, 5-28-2013, § 4; Ord. No. 10286, 3-10-2014, § 6; Ord. No. 10296, 5-27-2014, § 1; Ord. No. 10329, 10-13-2014, § 1;
Ord. No 10366, 4-13-2015, § 4; Ord. No. 10367, 4-27-2015, § 1; Ord. No. 10414, 10-12-2015, § 1; Ord. No. 10415, 10-12-2015, § 1; Ord. No. 10446, 4-
11-2016, § 1; Ord. No. 10461, 7-11-2016, § 1; Ord. No. 10513, 6-12-2017, § 1; Ord. No. 10563, 4-9-2018, § 1, Ord. No. 10615, 3-25-2019, § 1; Ord. No.
10659, 10-28-2019 § 1; Ord. No. 10723, 12-14-2020, § 5; Ord. No. 10746, 5-10-2021, §1; Ord. No 10777, 11-25-2021 §1)

Article 3, Page 11 (UDC 12/21)

50-20.1 Use Specific Standards

50-20 USE SPECIFIC STANDARDS.

50-20.1 Residential uses.

A. Dwelling, two-family .
In the R-1, R-2 and R-P districts, two-family dwellings shall be designed to protect and reflect the
character of one-family residences as set forth below:
1. Exterior stairways. No exterior stairways with a total vertical rise greater than five feet shall be
permitted;
2. In the R-1 and R-2 districts, each unit in a two family dwelling must have a separate exterior
entrance on the facade facing the front property line;

B. Dwelling, townhouse.
In the R-1 and R-2 districts, each dwelling shall exhibit the characteristics of a series of one-family
dwellings that are arranged in an attached side by side fashion and shall be designed to protect the
character of one-family residences as set forth below:
1. Dwelling fronting street. Townhouse dwellings shall be located on lots in such a way that each
individual dwelling unit has a minimum of 20 feet of street frontage in the R-1 district, and a
minimum of 15 feet of street frontage in the R-2 district;
2. Variation of exterior walls. No more than two adjacent townhouse units may have front facades in
the same vertical plane. Where a variation in front façade plane is required, the variation shall be
a minimum of three feet;
3. Landscaping. Prior to the occupancy and use of a townhouse dwelling, coniferous or evergreen
trees meeting the minimum size requirements of Section 50-25.2 shall be planted in required front
and back yard areas on an average spacing of 20 feet;
4. Screening of refuse areas. Where refuse storage areas are directly viewable from any exterior lot
line at a height of six feet above grade, they shall be screened by wood, brick, or stone fences, or
by vegetative materials, with a minimum height of six feet, designed so that at least 75 percent of
the refuse area is obscured by opaque materials when viewed at an angle perpendicular to the
screening materials;
5. Maximum number of units. In the R-1 district, townhomes constructed on the corners of blocks or
adjacent to the intersections of two or more public or private road may have up to eight dwelling
units, but townhomes constructed in the middle of a subdivision block may have no more than six
dwelling units. In all other zone districts, townhomes may not exceed eight dwelling units;
6. Separate entrances. Each unit in a townhome must have a separate exterior entrance on the
facade facing the front yard property line, or front side yard property line;
7. Design features. At least three of the following design features shall be provided for visual relief
along all facades of each townhome structure:
(a) Roof dormers;
(b) Gables;
(c) Recessed entries;
(d) Covered porches;
(e) Cupolas;
(f) Pillars, pilasters or posts;
(g) Bay windows;
(h) Eaves of at least 12 inches beyond the building wall or a parapet wall with an articulated
design (decorative cornice, etc.);
(i) Multiple windows with minimum four inches trim;
(j) Recesses/shadow lines;

Article 3, Page 12 ( UDC 12/21)

50-20.1 Use Specific Standards

C. Dwelling, multi-family.
Every multi-family dwelling unit on or above the ground floor of a new multifamily struct ure cons truct ed
after January 1, 2021 shall have at least one exterior window that allows for the exchange of air and t h e
admittance of daylight;
(Ord. No. 10722, 12-14-2020, § 1)

D. Residential care facility/assisted living.

1. A residential care facility/assisted living serving six or fewer persons shall be considered a permit ted
single-family residential use of property, as allowed in 50-19.8, Permitted Use Table;
2. This use shall provide landscaping as required 50-25.5.A, multi-family residential abutting single-family
residential;
3. Unless exempted under Minnesota Statutes Section 245A11, subdivision 4, of Minnesota Stat e
Statute, a new residential care facility/assisted living may not be located within 1,320 feet of an ex is t ing
residential care facility/assisted living unless one of the following conditions apply: (1) the existing
residential facility/assisted living is located in a hospital licensed by the commissioner of healt h; (2) t he
city has granted the existing residential facility/assisted living a special use permit; or (3) the new
residential care facility/assisted living is a foster care or a community resident ial setting as defined under
section 245D.02, subdivision 4a.of Minnesota State Statute;

(Ord. No. 10722, 12-14-2020, § 2; Ord. No. 10746, 5-10-2021, § 2)

E. Rooming house.
No use specific standards at this time;
(Ord. No. 10722, 12-14-2020, § 3)

F. Manufactured home park.

1. New manufactured home parks, expansions to existing manufactured home parks, and new or
replacement of manufactured home units on lots of record are prohibited in the floodway dis trict . If
allowed in the flood fringe district, these uses shall be subject to the requirements of Section 50-18. 1
of this Chapter and the following standards;
2. Existing, new and replacement manufactured homes in the flood fringe district must comply with t he
following standards:
(a) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse, and lateral movement. Methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state anchoring requirements for resisting wind forces;
(b) New or replacement manufactured homes in existing manufactured home parks must have
vehicular access at or above an elevation not more than two feet below the regulatory flood
protection elevation, unless the property owner has a flood warning and emergency evac uat ion
plan acceptable to the city council as specified in Section 50-18.1.

Article 3, Page 13 (UDC 12/21)

50-20.1 Use Specific Standards

G. Cottage home park.

In the RR-1, RR-2, R-1, R-2, and MU-N districts, this use is subject to the use-specific standards as set
forth below:
1. Development standards. All dwelling units within a cottage home park shall be subject to setback,
height, off-street parking, and other regulations appropriate for one-family dwellings in the
applicable zone district that the cottage home park is located, except as provided within this
section;
2. Minimum lot area and lot frontage. Dwelling units shall meet the minimum lot area and lot
frontage requirement for multi-family, townhome, or two family developments of the applicable
zone district that the home park is located, whichever is smaller or least;
3. Principal entrance. Each dwelling unit shall have a principal entrance facing the front lot line.
Exceptions to the requirement of a dwelling unit having a principal entrance facing the front
property line may be made by the Land Use Supervisor, but only if the unit has a porc h or dec k
on the front façade and the primary entrance is within 10 feet of the front façade;
4. Common open space or amenity area. Cottage housing developments shall provide common
open space or an amenity area which is centrally located, equally accessible from, and at the
disposition of all dwelling units;
5. Connectivity and access. Sidewalks or multi-use paths must be provided to ens ure pedes t rian
access from each individual dwelling unit to the front property line or public street;
6. Subdivision. Approval of a cottage home park does not negate to the need for subdivision review
and approval, where applicable.
7. Utility Connections. Cottage home parks must provide separate sewer and water services for
each dwelling unit as required by the city engineer. (Ord. No. 10044, 8-16-2010, § 6; Ord. No.
10096, 7-18-2011, § 16; Ord. No. 10286, 3-10-2014, § 7.; Ord. No. 10421, 11-9-2015, § 2; Ord.
No. 10659, 10-28-2019 §5)

Article 3, Page 14 ( UDC 12/21)

50-20.1 Use Specific Standards

H. Sober house.
1. A sober house serving six or fewer persons shall be considered a permitted single-family res ident ial
use of property as allowed in 50-19.8, Permitted Use Table;
2. This use shall provide landscaping as required 50-25.5.A, multi-family residential abutting single-family
residential;
3. A new sober house shall be a minimum distance of 350 feet from existing sober houses. (Ord. No.
10746, 5-10-2021, § 3)

Article 3, Page 15 (UDC 12/21)

50-20.2 Use Specific Standards

50-20.2 Public, institutional and civic uses.

A. Club or lodge (private).

1. In the P-1 and R-2 district, the club or lodge shall be operated by a not-for-profit civic, cultural or
educational organization, and the primary activity cannot be any service that is customarily
carried on as a business;
2. In the RR-1 district, any such buildings shall occupy not more than ten percent of the total area of
the lot and shall be set back from all yard lines a distance of not less than two feet for each foot of
building height;
3. In the RR-1, RR-2 and R-1 zone districts, the sum of all structures on the lot s hall be not more
than 50,000 square feet;
4. In the R-1 and R-2 zone districts, each property boundary with a lot occupied by a residential use
shall be buffered with a dense urban screen;

B. Medical cannabis distribution facility.

1. An interim use permit shall be required to operate a medical cannabis distribution fac ility. The
maximum length of an interim use permit shall be three years. Interim use permits granted
pursuant to this Section are not transferable and terminate upon sale of the facility or
discontinuance of use;
2. In addition to the interim use permit requirements provided for under state law and Section 50-37
of the UDC, an applicant seeking to operate a medical cannabis distribution facility must submit a
security plan stating how the facility will address public health, welfare and safety concerns
including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door
placement, landscaping, and hours of operation;
3. The distance limitations on location of a medical cannabis distribution facility in relation to a public
or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated
herein. A medical cannabis distribution facility shall not be closer than 1,500 feet from a z oning
district that allows single family, two-family, townhomes, or multi-family dwellings as a permit ted
use at a density of greater than one unit per five acres;
4. A medical cannabis distribution facility shall be setback from all property lines a minimum of 25
feet;
5. Medical cannabis distribution facilities are prohibited from operating drive-throughs;
6. Parking, design standards, and other applicable requirements under the unified development
chapter for this use will be the same as for other medical or dental clinics;

C. Medical cannabis laboratory.

1. An interim use permit shall be required to operate a medical cannabis laboratory. The maximum
length of an interim use permit shall be three years. Interim use permits granted pursuant to t his
section are not transferable and terminate upon sale of the facility or discontinuance of use;
2. In addition to the interim use permit requirements provided for under state law and Section 50-37
of the UDC, an applicant seeking to operate a medical cannabis laboratory must submit a security
plan stating how the facility will address public health, welfare and safety concerns including, but
not limited to: parking, traffic flow, security, fencing, lighting, window and door placement,
landscaping, and hours of operation;
3. A medical cannabis laboratory shall be setback from all property lines a minimum of 25 feet;
4. Parking, design standards, and other applicable requirements under the unified development
chapter for this use will be the same as for other medical or dental clinics;

Article 3, Page 16 ( UDC 12/21)

50-20.2 Use Specific Standards

D. Medical cannabis manufacturer.

1. An interim use permit shall be required to operate a medical cannabis manufacturing facility. The
maximum length of an interim use permit shall be three years. Interim use permits granted
pursuant to this section are not transferable and terminate upon sale of the facility or
discontinuance of use;
2. In addition to the interim use permit requirements provided for under state law and Section 50-37
of the UDC, an applicant seeking to operate a medical cannabis distribution facility must submit a
security plan stating how the facility will address public health, welfare and safety concerns
including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door
placement, landscaping, hours of operation, and odor produced by the manufacturing process;
3. The distance limitations on location of a medical cannabis manufacturing facility in relat ion t o a
public or private school provided for under Minn. Stat. § 152.29, as may be amended, are
incorporated herein. A medical cannabis manufacturer shall not be closer than 1,500 feet from a
zoning district that allows single family, two-family, townhomes, or multi-family dwellings as a
permitted use at a density of greater than one unit per five acres;
4. A medical cannabis manufacturing facility shall be setback from all property lines a minimum of
50 feet;
5. No odor produced by a medical cannabis manufacturing facility shall be detectable at the
manufacturer’s property lines surrounding the facility;
6. Parking, design standards, and other applicable requirements under the Unified Development
Chapter for this use will be the same as for other medical or dental clinics;

E. Medical or dental clinic.

1. In the residential districts, the clinic shall occupy 10,000 square feet or less in total floor area;
2. In the MU-N district, the clinic shall occupy 20,000 square feet or less in total floor area;

F. Religious assembly.
1. In the RR-1 district, any such buildings shall occupy not more than ten percent of the total area of
the lot and shall be set back from all yard lines a distance of not less than two feet for each foot of
building height;
2. In the RR-1, RR-2 and R-2 zone districts, the sum of all structures on the lot shall not exceed
50,000 square feet without a special use permit. A special use permit is required for all religious
assemblies in the R-1 zone districts;
3. In the R-1 and R-2 zone districts, each property boundary with a lot occupied by a residential use
shall be buffered with a dense urban screen

Article 3, Page 17 (UDC 12/21)

50-20.2 Use Specific Standards

G. School, elementary, middle or high.

1. In the RR-1, RR-2 and R-1 districts, the school shall have a curriculum similar to that ordinarily
given in public schools and having no rooms regularly used for housing or sleeping purposes,
except staff quarters, when located on the premises for the school;
2. In the RR-1, RR-2, R-1, R-2, MU-N and MU-C districts, any such building shall be located not
less than 40 feet from any side or rear lot line;
3. Notwithstanding any lower maximum height stated in Article II, in all zone districts except the form
districts, the maximum height for this use shall be 45 feet.
4. Schools shall provide sufficient off-street student drop-off and pick up areas so as to not pose a
safety or traffic hazard to pedestrian or vehicles;
5. New schools, and existing schools that are remodeled or expanded where the value of
improvements is greater than 50 percent of the assessed value of the existing structure(s), shall
incorporate Safe Routes to School Infrastructure. This shall include safe and comfortable
pedestrian and bicycle transportation to and from the nearest residential neighborhood.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10225, 5-28-2013, § 5, Ord. No. 10592, 9-24-2018, § 2)\

Article 3, Page 18 ( UDC 12/21)

50-20.3 Use Specific Standards

50-20.3 Commercial uses.

A. Adult entertainment establishment.

All adult entertainment establishments shall comply with MSA 617.242 and Chapter 5 of this Code;

B. Agriculture, community garden, farmers market, general, and urban.

1. Agriculture, community garden.
(a) Compost bins, water tanks, and other containers shall be controlled for odors and pests and shall
be screened from view by adjacent properties and any public right-of-way with a fence at least as t all
as the container, or with shrubs, trees, and/or perennials planted so that at maturity they will provide
at least 75 percent opacity to the height of the container. If not visible from a public right -of-way or
adjacent property, this screening is not required;
(b) If a primary structure is present, accessory structures shall follow requirements in Section 50 -21.
If no primary structure is present, structures shall be allowed no closer than 20 feet from the front
property line, three feet from any side property line, and five feet from the rear property line. No
accessory structure shall exceed 20 feet in height;
(c) Fences must adhere to restrictions in Section 50-26.4;
(d) No sale of produce or other goods is allowed;
(e) Events such as weddings, parties and other activities normally associated with an event c ent er,
religious assembly, or other use that typically holds large events, are not allowed unles s permitt ed
within the zone district;
(f) For outdoor growing operations, mechanized equipment similar in scale to that designed for
household use shall be permitted. Use of larger mechanized farm equipment is generally prohibit ed;
provided, however, that during the initial preparation of the land, heavy equipment may be used;
(g) Keeping of bees is permitted, as regulated by Chapter 6 of the City Code. Keeping of all ot her
animals is prohibited;
(h) All tools and equipment shall be stored in an enclosed, secured structure;

2. Agriculture, farmers market.

(a) Farmers markets are only allowed between the hours of 7:00 a.m. to 7:00 p.m.;
(b) As part of the special use permit process, planning commission shall determine that the farmer’s
market will provide adequate on-site parking, or that sufficient public parking exists nearby;
(c) Sales shall be limited to no more than three days per week;

Article 3, Page 22 ( UDC 12/21)

50-20.3 Use Specific Standards

J. Filling station.
1. No displays or storage of merchandise, parts or refuse may be located closer than ten feet from
any public right-of-way;
2. A dense urban screen must be installed and maintained along all side and rear property lines
abutting a residential or mixed use district;
3. A vehicle wash facility or fueling pump or dispenser must be at least 50 feet from any propert y
line containing a residential structure, excluding any residential use or struct ure on the same
property as the filling station or within the same development. All outdoor speakers and audio
components of a vehicle wash facility or fuel pump or dispenser located within 125 feet of any
residential structure shall be muted daily between the hours of 10:00 p.m. and 6:00 a.m.
4. In all residential zone districts and the mixed use neighborhood (MU-N district), or any form
district where a filing station is an allowed use, the following additional standards apply:
(a) New structures, including car washes, convenience stores, and canopies shall be located
close to the street to define the street edge, and shall provide transparent windows and doors
for retail buildings to ensure security and visibility between the store, the pump islands and
surrounding streets, with interior signage to make opaque no more than 30% of any
transparent window or door;
(b) An unobstructed, five-foot wide minimum, pedestrian walkway between the public sidewalk
(or if none exists at the time of development, the adjacent street curb) and building entrances
shall be provided;
(c) Curb cuts to allow for vehicle traffic into and out of the site shall be located a minimum of 50
feet from street intersections, unless a greater or lesser distance is specified by the City
Engineer for reasons of traffic or pedestrian safety. The number and width of curb c ut s from
the public street shall be evaluated to ensure pedestrian safety and to encourage walkabilit y,
including evaluation to consider appropriate car entrance locations while allowing for
necessary tanker truck turning;
(d) Vehicle stacking lanes shall be located away from adjacent uses such as residential and
outdoor amenity areas to reduce the impacts of noise and pollution caused by stacking
vehicles near such uses. Landscaping and fencing shall be used to buffer potential impacts;
(e) Noise-generating areas, including auto service bays, car wash openings, vac uum s tations,
outdoor loading areas, garbage storage and stacking lanes, shall be located away from
adjacent residential areas and outdoor amenity areas. Potential noise generators shall be
buffered with landscaping, berming, or fencing to reduce impacts;
(f) Site and sign illumination shall be designed to avoid glare/light spillover toward adjacent land
uses. Proposed concrete color shall take glare and light spillover into account;

K. Grocery store, small and large.

Article 3, Page 23 (UDC 12/21)

O. Parking lot or parking structure (primary use).

1. Parking lots.
(a) Parking lots (primary use) shall be stand alone and self-contained, separate and dis t inc t
from other adjacent land uses. They need to conform to UDC requirements, such as lot front age
and drive aisle width, independent of adjacent properties;
(b) When in the MU-N or R-2 district, the following standards apply:
(i) Primary use parking lots shall meet all the street landscaping provisions in
Section 50-25.3 as applicable. In addition, primary use parking lots shall be s creened
from adjacent structures and uses. Such screening shall consist of a continuous , view -
obscuring fence, wall or compact evergreen hedge along all property lot lines whic h are
adjacent to residential structures and uses, which shall be broken only for egress and
access driveways and walkways. Such fence, wall or hedge shall be not les s t han four
feet nor more than six feet in height;
(ii) Primary use parking lots shall meet all the landscaping provisions in Section 50 -
25.4, as applicable. In addition, regardless of the number of parking spaces provided,
the parking lot must set aside at least 15 percent of the interior parking area for
landscaping islands;
(iii) If the primary use parking lot abuts an improved public alley, driveway access
must be provided to the alley;
(iv) Primary use parking lots must be designed to be a similar lot size as other lots in
the neighborhood, and shall not alter the essential character of the neighborhood;
2. Parking structures.
(a) In the MU-C district, any parking structure shall be located at least 50 feet from any RC, RR
or R district;

P. Recreational vehicle (RV) park.

1. Within any flood plain district, recreational vehicles that do not meet the exemption criteria
specified in Subsection 2 below shall be subject to the elevation and anchoring provisions of
Section 50-18.1.C for new structures;
2. Criteria for exempt recreational vehicles:
(a) The vehicle must have a current license required for highway use;
(b) The vehicle must be highway ready, meaning on wheels or the internal jacking system,
attached to the site only by quick disconnect type utilities commonly used in c ampgrounds
and recreational vehicle parks;
(c) No permanent structural type additions may be attached to the vehicle;
(d) The vehicle and associated use must be permissible in any pre-existing, underly ing z oning
district;
(e) Accessory structures are not permitted within the floodway district. Any accessory st ruct ure
in the flood fringe district must be constructed of flood-resistant materials and be securely
anchored as specified in Section 50-18.1.C.3.v;
(f) Cost of an accessory structure must not exceed $500;

3. Recreational vehicles that are exempt in Section 50-20.3.P.2 lose this exemption when
development occurs on the site exceeding $500 for an accessory structure such as a garage or
storage building. The recreational vehicle and all accessory structures will then be t reat ed as a
new structure and shall be subject to the elevation/floodproofing requirements and t he land us e
standards specified in Section 50-18.1.C.3(C) of this chapter. No development or improvement
on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of
the vehicle to a flood-free location;

4. New commercial recreational vehicle parks or campgrounds, subdivisions or condominium

associations, and the expansion of any similar existing use exceeding five units or dwelling s it es
may be allowed subject to the following:

Article 3, Page 26 ( UDC 12/21)

50-20.3 Use Specific Standards

(a) On any new or replacement recreational vehicle site in the flood fringe district,
the recreational vehicle and its contents must be placed on fill above the regulatory flood
protection elevation and adequate road access to the site must be provided in ac c ordanc e
with Section 50-18.1.C.5(d). No fill placed in the floodway to meet the requirements of t his
section shall increase the flood stage of the regional flood;
(b) Any new or replacement recreational vehicle site located in the floodway distric t,
or as an alternative to 4(a) above in the flood fringe district, may be allowed as a special use
in accordance with the following provisions and the provisions of Section 50-37.10;
• The applicant must submit an emergency plan for the safe evacuation of all vehic les
and people acceptable to the city council as specified in Section 50-18.1.C.5(d). The
plan shall demonstrate that adequate time and personnel exist to carry out an
evacuation, and that all vehicles will meet the exemption criteria specified in Sect ion
50-20.Q.2 above; and
• All attendant sewage and water facilities for new or replacement recreational vehicles
must be protected or constructed so as to not be impaired or contaminat ed during
times of flooding;

Q. Restaurant.
1. In the R-2 and MU-N district, no use shall exceed 5,000 sq. ft. in gross floor area;
2. Drive-ins and drive-throughs for restaurants are only allowed in the MU-N, MU-C, MU-B, MU-P,
F-2, F-3, F-4, and F-5 zone districts zone districts;
3. Drive-through lanes shall allow for stacking space for 5 cars;
4. When in the MU-N district, the following additional standards apply:
(a) The speaker box and drive-through window must be at least 50 feet from any property line
containing a residential structure;
(b) Drive-through may not open before 7:00 a.m. or after 10:00 p.m. during the weekday, or
before 8:00 a.m. or after 10:00 p.m. on the weekend. Drive-through may be open at 6:00
a.m. during the weekday or at 7:00 a.m. on the weekend only if all speaker boxes and drive -
through windows are at least 125 feet from any residential structure, or open until 11: 00 pm
on Friday and Saturday if all speaker boxes and drive-through windows are at least 250 feet
from any residential structure, excluding any residential use or structure on the same property
or within the same development;
(c) Glare and noise from cars in the drive-through lane and stacking space shall be shielded
from adjacent residential properties through the use of screening, fencing, and/or a dense
urban screen;
(d) The land use supervisor may require that the drive-through be located on the opposite side of
the building from a residential use or that a masonry sound wall be constructed;
(e) Restaurants are limited to one drive through lane and one speaker box;
5 When in the F-3 and F-5 districts, the following additional standards apply;
(a) Access to and from the drive-through must be through the alley, if alley exists;
(b) Restaurants are limited to one drive through lane;

(Ord. No. 10733, 1-11-2021, § 2)

Article 3, Page 27 (UDC 12/21)

50-20.3 Use Specific Standards

R. Retail sales, small and large.

1. Merchandise shall not be located within or obstruct required parking and pedestrian and vehicular
circulation areas;
2. Outdoor display is for the temporary display of merchandise and not for the permanent storage of
stock;
3. Retail stores are limited to one drive-through window;
4. Any drive-through lane that is located between a retail store and a residential district or structure
shall be buffered from the residential district or structure by a dense urban screen and shall not
be open part 10:00 p.m.;
5. Drive-through lanes shall allow for stacking space for three cars;
6. When in the MU-N district, the following standards apply:
(a) The speaker box and drive-through window must be at least 50 feet from any property line
containing a residential structure;
(b) Drive-through may not open before 7:00 a.m. or after 10:00 p.m. during the weekday, or
before 8:00 a.m. or after 10:00 p.m. on the weekend. Drive-through may be open at 6:00
a.m. during the weekday or at 7:00 a.m. on the weekend only if all speaker boxes and drive -
through windows are at least 125 feet from any residential structure, or open until 11: 00 pm
on Friday and Saturday if all speaker boxes and drive-through windows are at least 250 feet
from any residential structure, excluding any residential use or structure on the same property
or within the same development;
(c) Glare and noise from cars in the drive-through lane and stacking space shall be shielded
from adjacent residential properties through the use of screening, fencing, and/or a dense
urban screen;
(d) The land use supervisor may require that the drive-through be located on the opposite side of
the building from a residential use or that a masonry sound wall be constructed;

(Ord. No. 10733, 1-11-2021, § 3)

S. Seasonal camp or cabin.

1. In the R-C and RR-1 districts, buildings shall be located not less than 200 feet from any R district;
2. In the R-C district, the design of the site shall preserve the rural character by:
(a) Separating each camp or cabin site by at least 50 feet, measured from the closest point s on
each tent or cabin area;
(b) Preserving all natural vegetation not required to be removed for access roads, trails or public
safety;
(c) Using gravel or pervious paving, rather than impervious materials, for all access road and
driveways serving fewer than 25 camp or cabin sites;

T. Veterinarian or animal hospital, and kennel

1. In the R-C and RR-1 districts, a veterinarian or animal hospital is permitted provided that s ervic e
is limited to large livestock/large animal care and any building or enclosure so used shall be
located not less than 100 feet from any lot line;
2. In the R-2, R-P, MU-N and MU-C districts, a veterinarian or animal hospital is permitted provided
that practice is limited to the treatment of small animals (household pets, i.e. dogs , c at s, birds ,
that are ordinarily permitted in the house for company) and that all aspects of the facility are
totally contained (including kennel runs and exercise areas) within a soundproof building with
adequate ventilation;
3. For form districts that permit both a veterinarian or animal hospital, and kennel, all aspects of t he
facility must be totally contained (including kennel runs and exercise areas) within a s oundproof
building with adequate ventilation;

Article 3, Page 28 ( UDC 12/21)

50-20.3 Use Specific Standards

U. Vacation dwelling unit.

1. Rental Period. The minimum rental period shall not be less than two consecutive nights, nor more
than a maximum of 29 consecutive nights. The minimum rental period shall not apply for vacation
dwelling units in form districts,
2. Maximum Number of Persons and Bedrooms. The total number of persons that may occ upy t he
vacation dwelling unit is one person plus the number of bedrooms multiplied by two, which s hall
not exceed nine. The maximum number of bedrooms that may be rented may not ex ceed four.
Vacation dwelling units licensed before December 1, 2021, that exceeded four bedrooms are
entitled to continue operating, however, this exemption expires upon transfer of any owners hip
interest in the permitted property.
3. Off Street Parking. Off street parking shall be provided at the following rate:
(a) Vacation dwelling units licensed on May 15, 2016, shall provide the following minimum
number of off street parking spaces:
1-2 bedroom unit, one space
3-4 bedroom unit, two spaces
5+ bedroom unit, three spaces.
(b) Vacation dwelling units licensed after May 15, 2016, shall provide the following minimum
number of off street parking spaces:
1-2 bedroom unit, one space
3 bedroom unit, two spaces
4+ bedroom unit, number of spaces equal to the number of bedrooms minus one.
(c) Vacation dwelling units licensed on May 15, 2016, are entitled to continue operating
under the former off-street parking requirement. The parking exemption for vacation dwelling
units licensed on May 15, 2016, expires upon transfer of any ownership interest in the
permitted property.
4. Motorhome/ATV. Only one motorhome (or pickup-mounted camper) and/or one trailer eit her for
inhabiting or for transporting recreational vehicles (ATVs, boat, personal watercraft, snowmobiles,
etc.) may be parked at the site, off the street;
5. Other Licenses Required. In addition to the permit issued pursuant to this chapter, t he propert y
owner must obtain all licenses and permits from the city of Duluth and state of Minnesota required
for guest occupancy on the property.
6. Guest Records. The property owner must provide required documents and adhere to addit ional
requirements listed in the city of Duluth’s UDC application manual related to the keeping of a
guest record, designating and disclosing a local contact, property use rules, taxation, and interim
use permit violations procedures;
7. Application Materials. The property owner must provide a site plan, drawn to scale, showing
parking and driveways, distance from lot line of proposed vacation dwelling to neighboring
residential structures, all structures and outdoor recreational areas that guests will be allowed t o
use, including, but not limited to, deck/patio, barbecue grill, recreational fire, pool, hot tub, or
sauna, and provide detail concerning the provision of any dense urban screen or fence that may
be required to buffer these areas from adjoining properties. A dense urban screen or fence is
required if the adjoining property is used as a residential use, as identified in 50-19.8. Prior to the
permit being authorized, the fence or dense vegetative screen must be in place, and it mus t be
continuously maintained during the entire permit period. The requirement for a dense urban
screen or fence may be waived if the adjoining property owner does not want it on or near t heir
shared property line, and indicates this with a signed letter;
8. Vacation Rentals Within Multi Family Structures. Any vacation dwelling unit that will be located in
a multi-family structure that has nine or more dwelling units shall:
(a) Make available 24-hour staffing at a front desk that is accessible to all tenants;
(b) If determined applicable by the Land Use Supervisor, provide a letter from a duly
established Home Owner’s Association stating the support of the Home Owner’s
Association Board of Directors for the vacation dwelling unit, and enumerating any Home
Owner’s Association rules to be incorporated into the interim use permit;
9. Termination. The interim use permit shall terminate upon change in ownership of the propert y or
in six years after the date of issuance, whichever occurs first. Upon permit termination, propert y

Article 3, Page 29 (UDC 12/21)

50-20.3 Use Specific Standards

owner may reapply. The permit is only valid for the property and applicant or property owner that
it was initially issued to and the permit shall not be transferred to a new applicant or property
owner, or to a new property or different address.
10. Maximum Number of Vacation Dwelling Units. No more than 60 permits may be issued for eit her
vacation dwelling units or accessory vacation dwelling units, excepting that the maximum number
of permits that may be issued shall increase by 10 percent of the net increase in housing unit s
constructed and issued certificates of occupancy in the city in the previous year, or no more t han
ten (10) new vacation dwelling units per year, whichever is less, provided that the total number of
vacation dwelling units authorized shall not exceed 120 units. Permits for vacation dwelling unit s
within Form Districts (F1-F9) are exempt from the maximum number of permits that may be
issued.
11. Nuisance Reduction. The vacation dwelling permit holder shall ensure that all requirements for
waste removal services and prohibitions on burning of trash is strictly adhered to by occupants of
the vacation dwelling. The permit holder must designate in writing a managing agent or local
contact who resides within 25 miles of the City and who has authority to act for the owner in
responding 24-hours-a-day to any complaints from neighbors or the City. The permit holder must
notify the city within 10 days of a change in the managing agent or local contact’s contact
information. The permit holder shall notify by letter all property owners within 100' of the property
boundaries of the name, address, and phone number of the managing agent or local contact
named above and provide the city with a copy of the letter. The permit holder must notify said
property owners within 10 days of a change in the managing agent or local contact's contact
information.
12. Advertisement. The permit holder must include the permit number on all print, poster or web
advertisements.

Ord. No. 10039, 8-16-2010, § 1; Ord. No. 10041, 8-16-2010, § 5; Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10096, 7-18-2011, § 17; Ord. No. 10153, 5-14-2012, § 2 Ord. No. 10192, 12-17-2012, §
10; Ord. No. 10225, 5-28-2013, § 6; Ord. No. 10286, 3-10-2014, § 8; Ord. No. 10329,
10-13-2014, § 2; Ord. No. 10415, 10-12-2015, § 2; Ord. No. 10451, 5-23-2016, § 1; Ord. No.
10461, 7-11-2016, § 2; Ord. No. 10514, 6-12-17, § 1; Ord. No. 10563, 4-9-18, § 2, Ord. No.
10615, 3-25-2019, § 2; Ord. No. 10698, 4-13-2020, §1; Ord. No. 10777, 11-25-2021 §2).

Article 3, Page 30 ( UDC 12/21)

50-20.4 Use Specific Standards

50-20.4 Industrial uses.

A. Airport and related facilities.
1. In the R-C district, airport and related facilities are permitted only on land owned by the public or
airport authority that is used for the exclusive purpose as an airport and only on land on which an
airport was established on November 19, 2010;
2. In the I-G district, airport and related facilities are permitted only on land owned by the public or
airport authority that is used for the exclusive purpose as an airport;

B. Contractor’s shop and storage yard.

In the F-5 zone, this use is permitted only in the West Superior study area;

C. Electric power transmission line or substation.

Article 3, Page 34 ( UDC 12/21)

50-20.4 Use Specific Standards

(i) All new towers shall be structurally designed to accommodate at least four additional antenna
arrays equal to those of the applicant, and located as close to the applicant’s antenna as possible
without causing interference. This requirement may be waived, provided that the applicant, in
writing, demonstrates that the provisions of future shared usage of the tower is not technologically
feasible, is commercially impracticable or creates an unnecessary and unreasonable burden,
based upon:
(i) The foreseeable number of FCC licenses available for the area;
(ii) The kind of wireless telecommunications facilities site and structure
proposed;
(iii) The number of existing and potential licenses without wireless
telecommunications facilities spaces/sites;
(iv) Available space on existing and approved towers;
(j) New guyed towers are prohibited;
(k) Tower condition inspections shall be conducted every three years for a guyed tower and five
years for monopoles and self-supporting towers. All inspections shall be documented in a report
such as an ANSI report as per Annex E, Tower Maintenance and Inspection Procedures,
ANSI/TIA/EIA-222G or F or most recent version. The inspection report shall be provided to the
building official within two days of a request by the city for such records;
(l) The owner of a proposed new tower, and the owner’s successors in interest, shall negot iat e in
good faith for the shared use of the proposed tower by other wireless service providers in the
future, and shall:
(i) Respond within 60 days to a request for information from a potential
shared-use applicant;
(ii) Negotiate in good faith concerning future requests for shared use of
the new tower by other telecommunications providers;
(iii) Allow shared use of the new tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charges
may include, but are not limited to, a pro rata share of the cos t of s it e
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity, less
depreciation, and all of the costs of adapting the tower or equipment to
accommodate a shared user without causing electromagnetic
interference;
(m) No tower constructed after July 25, 2010, including allowing for all attachments, shall ex ceed a
height that shall permit operation without required artificial lighting of any kind in accordance wit h
city, state or federal statute, law, code, rule or regulation;
(n) No tower constructed after July 25, 2010, including allowing for all attachments, shall exceed 75
feet in height within the migratory bird flight path;
(o) Wireless telecommunications facilities shall not be artificially lighted or marked, except as
required by law;
(p) Towers shall be galvanized or painted with a rust-preventive paint of an appropriate color to
harmonize with the surroundings and shall be maintained in accordance with the requirements of
this Section 50-20.4.E;
(q) Wireless telecommunications facilities and antennas shall be located, fenced or otherwise
secured in a manner that prevents unauthorized access. All antennas, towers and other
supporting structures, including guy anchor points and wires, shall be made inacces sible to
individuals and constructed or shielded in such a manner that they cannot be climbed or collided
with. Transmitters and telecommu-nications control points shall be installed in such a manner that
they are readily accessible only to persons authorized to operate or service them;
(r) Wireless telecommunications facilities shall contain a sign no larger than four square feet in order
to provide adequate notification to persons in the immediate area of the presence of RF radiation
or to control exposure to RF radiation within a given area. A sign of the same size is als o t o be
installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the
applicant and be visible from the access point of the site and must identify the equipment owner
of the shelter or cabinet. On tower sites, an FCC registration sign as applicable is also to be

Article 3, Page 35 (UDC 12/21)

50-20.4 Use Specific Standards

present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting.
No other signage, including advertising, shall be permitted;
(s) All proposed towers and any other proposed wireless telecommunications facility structures shall
be set back from abutting parcels, recorded rights-of-way and road and street lines by the
following distances: A distance equal to the height of the proposed tower or wireless
telecommunications facility structure plus ten percent of the height of the tower or structure, or the
existing setback requirement of the underlying zone district, whichever is greater. Any acces sory
structure shall be located so as to comply with the applicable minimum setback requirements for
the property on which it is situated;
(t) The applicant and the owner of record of any proposed wireless telecommunications facilities
property site shall, at its cost and expense, be jointly required to execute and file wit h t he c it y a
bond, or other form of security acceptable to the city as to type of security and the form and
manner of execution, in an amount that shall be set in accordance with Section 31-6(a) of the City
Code, and with such sureties as are deemed sufficient by the city to assure the faithful
performance of the terms and conditions of this Section 50-20.4.E and conditions of any s pec ial
use permit issued. The full amount of the bond or security shall remain in full force and effect
throughout the term of the special use permit and until any necessary site restoration is
completed to restore the site to a condition comparable to that which existed prior to the issuance
of the original special use permit;
(u) A holder of a special use permit for wireless telecommunications facilities shall secure and at all
times maintain for the duration of the special use permit commercial general liability insurance for
personal injuries, death and property damage, and umbrella insurance coverage in the following
amounts: $1,000,000 per occurrence/$2,000,000 aggregate;
(i) For a wireless telecommunications facility on city property, t he policy
shall specifically include the city and its officers, employees, agents
and consultants as additional insureds. The amounts of such coverage
shall be established as a condition of the special use permit and s hall
be consistent with the liability limits provided in MSA 466.04;
(ii) The insurance policies shall be issued by an agent or representative of
an insurance company licensed to do business in the state and wit h a
Best’s rating of at least A;
(iii) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the building official with at least 30 day s
prior written notice in advance of the cancellation of the insurance;
(iv) Renewal or replacement policies or certificates shall be delivered to the
building official at least 15 days before the expiration of the ins uranc e
that such policies are to renew or replace;
(v) No permit necessary to the site preparation or construction of a
permitted wireless telecommunications facilities may be issued until the
holder of the special use permit shall file with the city building official a
copy of the required policies or certificates representing the insurance
in the required amounts;
(vi) Notwithstanding the requirements noted in this subsection no
insurance shall be required in those instances where the city, count y,
state or a federal agency applies for and secures a special use permit
for wireless telecommunications facilities.
(v) All special use permits approved for wireless telecommunication facilities located on city propert y
after July 25, 2010, shall contain a provision with respect to indemnification. Such provision shall
require the applicant, to the extent permitted by law, to at all times defend, indemnify, prot ect,
save, hold harmless, and exempt the city, and its officers, employees, agent s and c onsultant s
from any and all penalties, damages, costs, or charges arising out of any and all c laims, s uits,
demands, causes of action, or award of damages, whether compensatory or punitive, or
expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by ,
the placement, construction, erection, modification, location, products performance, use,
operation, maintenance, repair, installation, replacement, removal or restoration of s aid fac ility,
excepting, however, any portion of such claims, suits, demands, causes of action or award of

Article 3, Page 36 ( UDC 12/21)

50-20.4 Use Specific Standards

damages as may be attributable to the negligent or intentional acts or omissions of the city, or it s
servants or agents. With respect to the penalties, damages or charges referenced herein,
reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs
that are recoverable by the city. An indemnification provision will not be required in those
instances where the city itself applies for and secures a special use permit for wireless
telecommunications facilities;

5. Additional provisions for special use permit review.

In addition to those standards and criteria in Section 50-37.1 Common procedures and S ect ion
50-37.10 Special and interim use permits, each application for a special use permit for a wireles s
telecommunications facility shall comply with the following additional standards:
(a) The city may hire any consultant or expert necessary to assist the city in reviewing and evaluating
an application for a special use permit for a wireless telecommunications fac ilit y, including t he
construction and modification of the site, once permitted, and any site inspections. An applicant
shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of
consultant and expert evaluation and consultation to the city in connection with the review of any
application including where applicable, the lease negotiation, the pre-approval evaluation, and the
construction and modification of the site, once permitted. The initial deposit shall be shall be s et
in accordance with Section 31-6(a) of the City Code;
(b) The placement of the deposit with the city shall precede the pre-application meeting. The city will
maintain a separate escrow account for all such funds. The city’s consultants s hall invoic e t he
city for its services related to the application. The total amount of the funds needed for the review
of the application may vary depending on the scope and complexity of the project, the
completeness of the application and other information as may be needed to complete the
necessary review, analysis and inspection of any construction or modification. If at any time
during the process this escrow account has a balance less than $2,500, the applicant shall
immediately, upon notification by the city, replenish said escrow account so that it has a balanc e
of at least $5,000. Such additional escrow funds shall be deposited with the city before any
further action or consideration is taken on the application. In the event that the amount held in
escrow by the city is more than the amount of the actual invoicing at the conclusion of the project,
the remaining balance shall, upon request of the applicant, be refunded to the applicant;
(c) The land use supervisor will administratively approve an application to colocate on an existing
wireless telecommunication facility upon receiving a complete application, if the application meets
all the requirements of the Chapter and would not substantially change the physical dimensions
of the wireless telecommunication facility. Substantial changes shall mean:
(i) the mounting of the proposed antenna on the tower would
increase the existing height of the tower by more than ten
percent, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the
proposed antenna may exceed the size limits set forth in this
paragraph if necessary to avoid interference with existing
antennas; or
(ii) the mounting of the proposed antenna would involve the
installation of more than the standard number of new equipment
cabinets for the technology involved, not to exceed four, or more
than one new equipment shelter; or
(ii) the mounting of the proposed antenna would involve adding an
appurtenance to the body of the tower that would protrude from
the edge of the tower more than twenty feet, or more than the
width of the tower structure at the level of the appurtenance,
whichever is greater, except that the mounting of the proposed
antenna may exceed the size limits set forth in this paragraph if
necessary to shelter the antenna from inclement weather or to
connect the antenna to the tower via cable; or

Article 3, Page 37 (UDC 12/21)

50-20.4 Use Specific Standards

(iv) the mounting of the proposed antenna would involve excavat ion
outside the current tower site, defined as the current boundaries
of the leased or owned property; or
(v) the mounting of the proposed antenna would defeat the
concealment elements of the eligible support structure; or
(vi) the mounting of the proposed antenna would not comply with
conditions associated with the siting approval of the construction
or modification of the eligible support structure or base station
equipment.
(d) At any stage prior to issuing a special use permit the city may require such additional information
as it deems necessary to confirm compliance with this UDC;
(e) The city may refer any application or part of an application to any advisory, ot her c ommit tee or
commission for a non-binding recommendation;

(f) Notwithstanding that a potential site may be situated in an area of highest priority or highest
available priority, the city may disapprove an application for any of the following reasons:
(i) Conflict with safety and safety-related codes and requirements;
(ii) Conflict with the historic nature or character of a neighborhood or
historical district;
(iii) The use or construction of wireless telecommunications facilities that is
contrary to an already stated purpose of a specific zoning or land us e
designation;
(iv) The placement and location of wireless telecommunications fac ilities
that would create an unacceptable risk, or the reasonable probability of
such, to residents, the public, employees and agents of the city or
employees of the service provider or other service providers;
(v) Conflicts with the provisions of this Section 50-20.4.E;
(vi) The failure of the applicant to provide additional requested informat ion
in sufficient time for the city to comply with the requirements of MS A
15.99;
(g) Except for necessary building permits, once a special use permit has been granted, no additional
zoning approvals shall be required by the city for the wireless telecommunications facilities
covered by the special use permit;
(h) In order to verify that the holder of a special use permit for wireless telecommunications facilit ies
and any and all lessees, renters and licensees of wireless telecommunications fac ilit ies, plac e
and construct such facilities, including towers and antennas, in accordance wit h all applicable
technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other
applicable requirements, the city may inspect all facets of said permit holder’s, renter’s, les see’s
or licensee’s placement, construction, modification and maintenance of such facilities, inc luding,
but not limited to, towers, antennas and buildings or other structures construc ted o r loc ated on
the permitted site;

6. Relief and appeal.

Any applicant desiring relief, waiver or exemption from any aspect or requirement of this Sec tion
50-20.4.E may request relief, waiver or exemption in the submitted application for either a special
use permit, or in the case of an existing or previously granted special use permit a request for
modification of its tower and/or facilities. The requested relief, and any relief granted by the c ity ,
may be temporary or permanent, partial or complete. The burden of proving the need for the
requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear
all costs of the city in considering the request and the relief, waiver or exemption. No such relief
or exemption shall be approved unless the applicant demonstrates by clear and convincing
evidence that if granted, the relief, waiver or exemption will have no significant affect on the
health, safety and welfare of the city, its residents and other service providers;

Article 3, Page 38 ( UDC 12/21)

50-20.4 Use Specific Standards

F. Manufacturing, craft
1. Manufacturing, craft, artisan production shop.
(a) In the MU-N and Form Districts, the use shall not exceed 5,000 sq. ft. in gross floor area;
(b) In the MU-N and Form Districts, districts, the use is permitted in all building types and on
all floors;
(c) Artisan production shops shall maintain at least ten percent of the gross floor area of t he
facility for retail purposes;

2. Manufacturing, craft, artisan studio.

(a) In the MU-N and Form Districts, the use shall not exceed 3,000 sq. ft. in gross floor area;
(b) In the MU-N and Form Districts, this use is permitted in all building types and on all floors;
(c) Artisan studio’s shall maintain at least ten percent of the gross floor area of the facility for
retail purposes;

3. Manufacturing, craft, brewery or distillery.

(a) No outdoor storage is permitted;
(b) Access and loading areas facing any street, adjacent residential use or residential zoning
district, shall have the doors closed at all times, except during movement of raw mat erial, ot her
supplies and finished products into and out of the building;
(c) A facility at the proposed site will not have an adverse impact on the character of the
neighborhood. The following criteria may be used to evaluate proposed sites: the effect on traffic
movements in the area; the general nature, character, age, and condition of the adjacent
development; the proximity to residential areas, regardless of zoning; or any other criteria the city
may deem pertinent;
(d) All brewing/distilling and storage activities shall be located within a completely enc losed
building;
(e) The facility shall comply with all applicable fire, building, health and sanitation codes, and
zoning regulations;
(f) The facility shall comply with all applicable licensing and operational requirements of t he
state and county;
(g) Craft breweries/craft distilleries shall maintain at least ten percent of the gross floor area
of the facility for retail purpose;
(h) No more than 500 proof gallons may be stored at a craft distillery premises at any one
time;
(i) Service trucks for the purpose of loading and unloading materials, equipment and product
shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday through Saturday and
between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays;
(j) Service trucks for the purpose of loading and unloading materials, equipment and product
shall be restricted to 30 feet in total length;

(Ord. No. 10746, 5-10-2021, § 4)

G. Manufacturing, light.
In the MU-I district, this use is permitted provided it is related to and incidental to a permitted institut io nal
primary use on the property;

Article 3, Page 39 (UDC 12/21)

50-20.4 Use Specific Standards

H. Manufacturing, hazardous or special.

1. In permitting any such uses, the city may impose appropriate conditions and safeguards,
including performance bonds, to protect the health, safety and welfare of the residents of the
community and the environment;
2. All future use of the land and structures erected on the land shall be governed by and limit ed t o
the approved plans and conditions imposed by the city. Any subsequent change or addit ion t o
the plan or use shall be submitted for approval as if it were a new use;
3. Without limitation on other valid reasons for denying approval for such a use, the cit y may deny
approval if it finds that the use would have negative environmental, health or safety impacts on
the community or have little or no contiguity with existing or programmed development in the
affected area;

I. Mining, extraction, and storage.

1. No special use permit for this use shall be issued until the city determines that:
a) The city engineer has certified that the proposed extraction, removal or processing, and the
proposed finished grades on the property, will not endanger the function of any public
highway or utility easement of the city. If the city engineer proposes conditions and
safeguards that are necessary to protect adjoining property, both city and privately owned,
those conditions and safeguards have been included in the application or agreed to in writing
by the applicant;
b) The proposed excavation, removal or processing shall not result in the creation of any
hazardous sharp pits, steep banks, soil erosion, drainage or sewerage problems or other
conditions that would ultimately impair the use of the property in accordance with the general
purpose and intent of the zoning regulations for that district;
c) Finished slopes in the excavated area shall not exceed one foot vertical rise to two feet of run
except in the case of dams or swimming pools, or where specifically approved in writing by
the planning commission;
d) No stagnant water shall be permitted to result from such removal, excavation or processing;
2. No earthmoving, processing or excavating equipment or trucks that are inoperative for more than
30 days shall be stored in the open on the property;
3. Upon completion of the excavation, processing or removal of earth materials in accordance with
the approved proposed contour lines, the premises shall be cleared of all debris and, unless the
excavated area is beneath water, a top layer of soil that will sustain the growth of turf shall be
spread over the premises and shall be seeded with perennial rye or grasses;
4. All excavation, removal and processing, and the extent, limits, and time limits of each activity,
shall comply with all terms and conditions in the approved special use permit;
5. The applicant shall post financial security pursuant to Section 50-37.1.P to ensure compliance
with the terms and conditions of the permit, including but not limited to remediation of the site
following excavation, removal and processing operations;

J. Radio or television broadcasting tower.

All radio or television broadcasting towers shall be located in the area of the city known as the tower farm
within Section 28, Township 50, Range 14, so as to place the visual and safety impacts of t he s truc ture
near similar structures, unless the applicant provides a report from a qualified specialist in the type of
facility being constructed or the type of service being provided stating that it is technically not possible t o
construct the required structure or to provide the applicant’s service from that area of the city;

K. Solid waste disposal or processing facility.

This use shall comply with the following standards:

Article 3, Page 40 ( UDC 12/21)

50-20.4 Use Specific Standards

H. Accessory sidewalk dining area.

In all districts, this use requires approval of a sidewalk use permit pursuant to Section 50-37.12;

I. Accessory solar or geothermal power equipment.

In all districts, other than building integrated solar collection systems, solar collection systems shall
comply with the following requirements:

1. Ground-mounted solar system.

a) Solar collectors shall not be located in the front yard between the principal structure and t h e
public right-of-way;
b) Solar collectors shall be located a minimum of six feet from all property lines and other
structures;
c) Solar collector areas in any residential district shall not exceed the greater of the foot print of
the principal structure or 1,000 square feet, whichever is greater. The size of solar c ollec tor
areas in all districts except residential districts shall not exceed one-half of the footprint of the
principal structure. Ground mounted solar collectors that serve a government building or
public safety building, or water or sewer pumping stations or treatment facilities, are ex empt
from this requirement;
d) Free-standing or ground-mounted solar installations shall not exceed 20 feet in height, when
the system is oriented at its maximum design pitch;

Article 3, Page 45 (UDC 12/21)

50-20.5 Use Specific Standards

2. Roof-mounted or wall-mounted solar system.

a) A solar collection system shall be located a minimum of six feet from all propert y lines and
other structures except the structure on which it is mounted;
b) Notwithstanding the height limitations of the zoning district, building-mount ed s olar energy
systems shall not extend higher than three feet above the ridge level of a roof on a struc t ure
with a gable, hip or gambrel roof and shall not extend higher than ten feet above the s urfac e
of the roof when installed on a flat or shed roof;
c) The solar collector surface and mounting devices for building-mounted solar energy systems
shall be set back not less than one foot from the exterior perimeter of a roof for every one foot
that the system extends above the parapet wall or roof surface, if no parapet wall ex is t s , on
which the system is mounted. Solar energy systems that extend less than three feet above
the roof surface shall be exempt from this provision;
d) A solar collection system may be located on an accessory structure;
3. Solar easements.
A property owner who has installed or intends to install a solar collection system shall be responsible
for negotiating with other property owners in the vicinity for any necessary solar easement and s hall
record the easement with the county recorder. If no such easement is negotiated and recorded, t he
owner of the solar collector shall have no right to prevent the construction of structures permit ted by
this Chapter on nearby properties on grounds that the construction would cast shadows on the s olar
collection system;

(Ord. No. 10723, 12-14-2020, § 6)

J. Accessory uses or structures not listed elsewhere.

1. In any residential district, any accessory building that is erected prior to the construction of the
principal building shall comply with the following conditions:
a) The construction of the principal building shall be completed and the certificate of occupancy
for such principal use issued within two years of issuance of the building permit for the
accessory building;
b) Prior to issuance of a building permit for such accessory use, a building demolition bond shall
be approved by the city and in an amount sufficient to demolish such accessory structure be
filed with the building official;
c) The owner shall execute a license, in a form approved by the city, authorizing the city to enter
upon the real property for the purpose of demolishing such accessory structure in the event a
principal structure is not completed as required by this Section.

2. In the R-2 district, accessory building includes a storage garage on a lot occupied by a multi-
family dwelling, townhouse or rooming house;

3. In the MU-N district and all residential districts, accessory buildings shall be subject to the
following restrictions:
a) Except for truckload or trailer-load retail sales lasting less than 30 days where allowed, no
accessory use shall be conducted in or out of a trailer or truck;
b) Storage of trailers and trucks or storage of goods within trailers and trucks shall not be a
permitted accessory use unless (i) the primary use of the lot is a parking lot, parking garage,
or filling station, or (ii) the truck or trailer is used on a regular basis for deliveries or the
hauling of supplies to or from a business;

4. In the MU-C, MU-I and MU-W districts, accessory buildings shall be erected at the same time or
after the construction of the principal building and subject to the following restrictions:
a) Except for truckload or trailer-load retail sales lasting less than 30 days, no ac cessory use
shall be conducted in or out of a trailer or truck;

Article 3, Page 46 ( UDC 12/21)

50-20.5 Use Specific Standards

b) The storage of trailers and trucks or the storage of goods within trailers and trucks s hall not
be a permitted use unless (i) the primary use of the lot is a parking lot, parking garage, filling
station, automobile or light vehicle sales or service, or automobile or light vehicle storage, or
(ii) the truck or trailer is used on a regular basis for deliveries or the handling of supplies to or
from a business;

5. In the MU-B, I-G, and I-W districts, accessory buildings shall be erected at the same time or after
the construction of the building for the principal use;

6. An accessory building may observe an equal or greater distance to the front property line as
provided by a principal structure if the accessory building provides the front and side yards
required for dwelling in that district as per Article II and Section 50-20;

7. If a principal structure is demolished or removed, any subordinate existing accessory structure

must be demolished or removed within two years of the date of the principal structure being
demolished or removed.
(Ord. No. 10723, 12-14-2020, § 7)

K. Accessory wind power equipment.

In all districts, accessory wind power systems shall comply with the following requirements:
1. The base of the tower shall be set back from all property lines, public right s-of-way, and public
utility lines a distance equal to the total extended height. A tower may be allowed closer to a
property line than its total extended height if the abutting property owner(s) grants written
permission and the installation poses no interference with public utility lines or public road and rail
right-of-ways;
2. Towers that are 50 feet or less in height are permitted by right. Towers exceeding 50 feet in
height require approval of a special use permit, provided that in no case shall tower height
exceed 130 feet;
3. Notwithstanding the provisions of subsection 2 above, no wind power facility shall be taller than
75 feet within any migratory bird flight path;
4. Sound produced by the turbine under normal operating conditions, as measured at the property
line of any adjacent property improved with a dwelling unit at the time of the issuance of the
zoning certificate, shall not exceed 55 dba for any period of time. The 55 dba sound level may be
exceeded during short-term events out of the owner’s control such as utility outages or severe
wind storms;
5. The turbine and tower shall remain painted or finished in the color that was originally applied by
the manufacturer;
6. The blade tip or vane of any small wind energy system shall have a minimum ground clearance of
15 feet as measured at the lowest point of the arc of the blades;
7. No sign that is visible from any public street shall be permitted on the generator, tower, building or
other structure associated with a small wind energy system other than the manufacturer’s or
installer’s identification and appropriate warning signs;
8. No illumination of the turbine or tower shall be allowed unless required by the FAA;
9. Any climbing feet pegs or rungs below 12 feet of a freestanding tower shall be removed to
prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar
barriers shall be fastened to the bottom tower section such that it cannot readily be climbed;
10. No part of this use may project above any of the imaginary airspace surfaces described in FAR
Part 77 of the FAA guidance on airspace protection;
11. No small wind energy system shall be installed until evidence has been given that the utility
company has been informed of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement;

Article 3, Page 47 (UDC 12/21)

50-20.5 Use Specific Standards

L. Minor utilities and accessory wireless antennas attached to existing structures.

The following standards apply to accessory wireless antennas that are attached to existing structures and
to minor utilities regardless of whether they are attached to an existing structure:
1. A special use permit is required to allow any antenna to exceed 150 feet in height;
2. All building-mounted antennas shall meet or exceed current standards and regulations of the
FAA, FCC and any other state or federal agency with the authority to regulate communications
antennae and support structures;
3. The size, design and location of each attached antenna shall reduce visibility from surrounding
buildings and from the public rights-of-way adjoining the property to the greatest extent feasible;
4. Building-mounted antennas or disguised antenna support structures shall be of a color ident ical to
or closely compatible with the surface to which they are mounted;
5. Except when a support structure for a building-mounted antenna is an otherwise lawfully
permitted sign, the placement of advertising on antennae is prohibited;

M. Accessory vacation dwelling unit.

An accessory vacation dwelling unit may be created within any one-family dwelling, twinhome, duplex, or
attached or detached accessory dwelling unit provided these standards are met:
1 Only one accessory vacation dwelling unit may be created per lot;
2 No variances shall be granted for an accessory vacation dwelling unit;
3 An accessory vacation dwelling unit shall contain no more than 800 square feet of floor area and
shall be consistent in character and design with the primary dwelling;
4 If a separate outside entrance is necessary for an attached accessory vacation dwelling unit
located within the primary building, that entrance must be located either on the rear or side of the
building;
5 The minimum rental period shall be not less than two consecutive nights, nor more than a
maximum of 29 consecutive nights. The minimum rental period shall not apply to accessory
vacation dwelling units in form districts,
6 The total number of persons that may occupy the vacation dwelling unit is one person plus the
number of bedrooms multiplied by two, which shall not exceed nine. The maximum number of
bedrooms that may be rented may not exceed four.
7 Off-street parking shall be provided at the following rate:
(a) Accessory vacation dwelling units licensed on or before May 15, 2016, shall provide the
following minimum number of off street parking spaces:
1-2 bedroom unit, one space;
3-4 bedroom unit, two spaces;
5+ bedroom unit, three spaces;
(b) Accessory vacation dwelling units licensed after May 15, 2016, shall provide the following
minimum number of off-street parking spaces:
1-2 bedroom unit, one space;
3 bedroom unit, two spaces;
4+ bedroom unit, number of spaces equal to the number of bedrooms
minus one.
Accessory vacation dwelling units licensed on May 15, 2016, are entitled to continue operat ing
under the former off-street parking requirement. The parking exemption for accessory vacation
dwelling units licensed on May 15, 2016, expires upon transfer of any ownership int eres t in t he
permitted property.
8. Motorhome/ATV. Only one motorhome (or pickup-mounted camper) and/or one trailer either for
inhabiting or for transporting recreational vehicles (ATVs, boat, personal watercraft, snowmobiles,
etc.) may be parked at the site, off the street;
9. Other Licenses Required. In addition to the permit issued pursuant to this chapter, the property
owner must obtain all licenses and permits from the city of Duluth and State of Minnesota
required for guest occupancy on the property for two to 29 days;
10. Guest Records. The property owner must provide required documents and adhere to additional
requirements listed in the city of Duluth’s UDC application manual related to the keeping of a

Article 3, Page 48 ( UDC 12/21)

50-20.5 Use Specific Standards

guest record, designating and disclosing a local contact, property use rules, taxation, and interim
use permit violations procedures;
11 Application Materials. The property owner must provide a site plan, drawn to scale, showing
parking and driveways, distance from lot line of proposed vacation dwelling to neighboring
residential structures, all structures and outdoor recreational areas that guests will be allowed to
use, including, but not limited to, deck/patio, barbecue grill, recreational fire, pool, hot tub, or
sauna, and provide detail concerning the provision of any dense urban screen or fence that may
be required to buffer these areas from adjoining properties. A dense urban screen or fence is
required if the adjoining property is used as a residential use, as identified in 50-19.8. Prior to the
permit being authorized, the fence or dense vegetative screen must be in place, and it must be
continuously maintained during the entire permit period. The requirement for a dense urban
screen or fence may be waived if the adjoining property owner does not want it on or near their
shared property line, and indicates this with a signed letter;
12 Any accessory vacation dwelling unit that will be located in a multi-family structure that has nine
or more dwelling units shall:
(a) Make available 24-hour staffing at a front desk that is accessible to all tenants;
(b) If determined applicable by the Land Use Supervisor, provide a letter from a duly established
Home Owner’s Association stating the support of the Home Owner’s Association Board of
Directors for the accessory vacation dwelling unit, and enumerating any Home Owner’s
Association rules to be incorporated into the interim use permit.
13. Termination. The interim use permit shall terminate upon change in ownership of the property or
in six years after the date of issuance, whichever occurs first. Upon permit termination, property
owner may reapply. The permit is only valid for the property and applicant or property owner that
it was initially issued to and the permit shall not be transferred to a new applicant or property
owner, or to a new property or different address.
14. Maximum Number of Accessory Vacation Dwelling Units. No more than 60 permits may be
issued for either vacation dwelling units or accessory vacation dwelling units, excepting that the
maximum number of permits that may be issued shall increase by 10 percent of the net increase
in housing units constructed and issued certificates of occupancy in the city in the previous year,
or no more than ten (10) new vacation dwelling units per year, whichever is less, provided that
the total number of vacation dwelling units authorized shall not exceed 120 units. Permits for
accessory vacation dwelling units within Form Districts (F1-F9) are exempt from the maximum
number of permits that may be issued.
15. Nuisance Reduction. The accessory vacation dwelling permit holder shall ensure that all
requirements for waste removal services and prohibitions on burning of trash is strictly adhered to
by occupants of the accessory vacation dwelling. The permit holder must designate in writing a
managing agent or local contact who resides within 25 miles of the City and who has authority to
act for the owner in responding 24-hours-a-day to any complaints from neighbors or the City. The
permit holder must notify the city within 10 days of a change in the managing agent or local
contact’s contact information. The permit holder shall notify by letter all property owners within
100' of the property boundary of the name, address, and phone number of the managing agent or
local contact named above and provide the city with a copy of the letter. The permit holder must
notify said property owners within 10 days of a change in the managing agent or local contact's
contact information.
16. Advertisement. The permit holder must include the permit number on all print, poster or web
advertisements.

(Ord. No. 10777, 11-25-2021, §4)

Article 3, Page 49 (UDC 12/21)

50-20.5 Use Specific Standards

N. Accessory vacation dwelling unit, limited.

1. Eligible Applicant. Property owners that reside in the owner-occupied homestead property may
apply for an accessory vacation dwelling unit, limited, in their owner-occupied homesteaded
property;
2. Rental Period. The minimum rental period shall not be less than two consecutive nights no more
than 7 consecutive nights. The maximum total number of nights for which an accessory vacation
dwelling unit, limited, may be rented may not exceed 21 nights per year. The rental period must
be specified in the permit at the time that the permit was applied for, and may not be altered;
3. Other Standards. Accessory vacation dwelling units, limited, must adhere to the same standards
as Vacation Dwelling Unit, 50-20.3.U, in regards to maximum number of visitors, off-street
parking, motorhome/ATV, guest records, nuisance reductions, advertisement, and application
materials;
4. Other Licenses Required. In addition to the permit issued pursuant to this chapter, the property
owner must obtain all licenses and permits from the city of Duluth and state of Minnesota required
for guest occupancy on the property. The property owner must provide required documents and
adhere to additional requirements listed in the City of Duluth’s UDC Application Manual;
5. Maximum Number of Accessory Vacation Dwelling Units, Limited. There is no maximum to the
number of permits that may be issued;
6. Termination. The permit shall terminate upon change in ownership of the property or one year
from issuance date, whichever occurs first. The permit shall be non-transferable;
7. Principle dwelling. A permit holder may not advertise the accessory vacation dwelling unit, limited,
in any area exterior to the dwelling unit or any lot without a principle dwelling.

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 19; Ord. No. 10192, 12-17-2012, § 11;
Ord. No. 10225, 5-28-2013, § 7; Ord No. 10446, 4-11-2016, § 2; Ord. No. 10451, 5-23-2016, §2; Ord. No.
10514 6-12-2017, §2; Ord. No. 10659, 10-28-2019 §6/§7; Ord. No. 10698, 4-13-2020, §2/§3; Ord. No.
10777, 11-25-2021, §5)

Article 3, Page 50 ( UDC 12/21)

50-20.6 Use Specific Standards

50-20.6 Temporary uses.

All temporary uses require a zoning permit, as required in Section 50-37.13.
A. Temporary construction office or yard.
This use is limited to one month before construction begins to one month after construction is completed,
unless extended for good cause by the building official;

B. Temporary event or sales.

This use is limited to no more than 4 events per calendar year, with the combined length of the 4 event s
limited to 20 days. Requests for more events or longer periods may be reviewed through t he t emporary
use permit procedure in Section 50-37.10;

C. Storage or shipping container.

1. Storage or shipping containers shall comply with the same UDC setback standards as for accessory
structures, and shall not be located on any public right of way, or utility, pedestrian, or drainage
easement, or on any required off-street parking, loading, or landscaping areas.
2. Storage or shipping containers:
(a) Are allowed in the MU-B and MU-W district only if buffered and screened from adjoining property
to the same extent as is required for a principle or accessory structures;
(b) Are allowed in the I-G or I-W districts without a requirement for buffering or screening;
(c) Are allowed in the RR-1, RR-2, R-1, R-2, and MU-N zone districts, but shall not remain on any
property for more than 15 days in any calendar year;
(d) Are allowed in all other zone districts but shall not remain on any property for more than 45 days
during any calendar year.
(e) Shall not be used for, or contain, any advertisement, and shall be painted a uniform color on all
sides with no alpha-numeric writing or characters visible.
3. Storage or shipping containers shall not be used as permanent or semi-permanent storage or
warehouse structures, or used to conduct business or commercial or similar activities, unless such
storage or shipping container meets the following requirements:
(a) The exterior siding materials and color, the building form, and the roof design must be
substantially similar in form and construction type as the principle building;
(b) The structure must meet all requirements of the Minnesota State Building Code;
(c) The structure must be installed on a concrete pad and permanently and immovably anchored to
the concrete;
(d) No shipping container may be stacked upon another shipping container;
(e) Has been granted an approved zoning permit per 50-37.13; and
(f) May be converted for permanent use as a principle or accessory dwelling, subject to the
installation of windows and doors consistent with those typically found on residential structures, and
compliance with applicable UDC and building code requirements.
4. Exceptions to the above standards:
(a) Licensed and bonded contractors may use shipping containers for temporary storage of
equipment and materials during construction projects only as expressly authorized by a City building,
excavation, zoning, or obstruction permit; and
(b) The Land Use Supervisor may grant extensions to the time limit listed in subsection 2 above, but
in no case shall the duration exceed 180 days.

Article 3, Page 51 (UDC 12/21)

50-20.6 Use Specific Standards

D. Temporary real estate sales office.

This use is limited to one month before lot or unit sales begin to one month after 90 percent of the lot s or
units have been sold, unless extended for good cause by the land use supervisor. Request s for longer
periods may be reviewed through the temporary use permit procedure in Section 50-37.10. (Ord. No.
10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 20; Ord. No. 10414, 10-12-2015, § 3; Ord. No.
10659, 10-28-2019 §8; Ord. No. 10784, 12-6-2021, § 1)

Article 3, Page 52 ( UDC 12/21)

50-20.7 Use Specific Standards

50-20.7 Adaptive reuse of a local historic landmark.

A. Intent.
To allow for economic use of historic landmarks by allowing a variety of uses that are not normally
permitted in some zoning districts. Standards for adaptive reuse are designed to ensure that the adaptive
reuse of a local historic landmark is compatible with surrounding areas;

B. Applicability.
The structure must be designated as a city of Duluth local historic landmark;

Structure or Feature Conditions or Limits
Encroachments into Required Yard Areas
Architectural features (sills, belt courses, eaves, cornices) Up to 18 in. into any required yard area
awnings and canopies, bay windows, gutters and
downspouts
Unenclosed or lattice-enclosed stairs, fire escapes and Up to 5 ft. into any required rear yard, except as required to comply
balconies opening upon fire towers with applicable fire code or Americans with Disabilities Act

Chimneys and flues Up to 2 ft. into any required front or side setback.
Open sided porch, deck, or paved terrace Up to 10 ft. into front yard, but no closer than 5 ft. from any property line
Enclosed vestibule or fixed canopy with a floor area of not Up to 4 ft. into front yard
more than 40 sq. ft.
Fuel pumps or pump islands Not closer than 15 ft. from any street line or closer than 50 ft. from any
residential use
Fences meeting the standards of Section 50-26.4 Fences may not be located closer than 3 ft. to any publicly maintained
right-of-way
Porte cochere, carport or canopy if every part is unenclosed Permitted in any side setback, but not less than 5 ft. from any side lot
except for necessary structural supports line
Residential window well Permitted to encroach up to two feet from any property line, provided
that window well: (a) has a minimum distance of at least 5 feet from any
structure on any adjacent property, and (b) is limited to the minimum
window well depth and width required by fire and building codes.
Accessory structures No accessory structure may be located:
(a) between a street and any façade of a primary building facing that
street, or
(b) closer than 10 ft. to any principal structure on an adjoining property,
or
(c) closer than 5 ft. to any rear lot line, or
(d) closer than 3 ft. to any side lot line, except as listed for specific
accessory structures below.
Accessory structures in MU-W If 200 square feet or larger, not closer than 25 feet to any side or rear
lot line, and not closer than 25 to any existing principal or accessory
structure.
Accessory boat dock, residential No setback required from property lines along the water

Accessory clotheslines, play equipment, trash containers, Permitted in side and rear yards
odor-controlled composting bins and rainwater harvesting
tanks
Accessory rain garden Permitted in all (front, side and rear) yards
Accessory wind power equipment Permitted in side and rear yards except where prohibited by adopted
building code
Exceptions to Building Height Limits
Television and radio towers, accessory communications towers for private use, In the Form District, the exceptions to
religious assembly or ornamental spires and towers, belfries, monuments, tanks, water building height limits for religious assembly
and fire towers, stage tower or scenery lofts, cooling towers, chimneys, elevator or ornamental spires and towers only apply if
penthouses, air conditioning penthouses, skylights, smokestacks, conveyors, storage the applicant proposes an Iconic Building
elevators and facilities, flagpoles, accessory wind power equipment or accessory
rooftop solar collectors

Article 4, Page 3 (UDC 12/21)

50-21 Dimensional Standards

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 22; Ord. No. 10286, 3-10-2014, § 9. Ord.
No. 10457, 7-11-2016, § 1, 10591, 9-24-2018, § 2)

Article 4, Page 4 ( UDC 12/21)

50-22 Building Form Standards

50-22 BUILDING FORM STANDARDS

The following provisions apply only in the form districts listed in Section 50-16, but do not apply in ot her
zone districts. (Ord. No. 10044, 8-16-2010, § 6; cited only by Ord. No. 10284, 3-10-2014, § 2.)

50-22.1 General requirements.

A. Intent.
The building types detailed in this Section outline the desired building forms for new construction and
renovated structures within the form districts;
B. Applicability.
1. All building type standards apply to all new construction and renovation of existing structures,
where the renovation includes an addition of more than 50 percent in building square footage;
2. When a renovation of the front facade occurs with no added building square footage, t he st reet
facade requirements and base type requirements must be met when:
(a) The existing building front, corner, or lakefront facade is located within the build-to zone;
(b) The renovation includes any of the following:
(i) Installation of additional doors or a change in location of a door;
(ii) Expansion or change in location of 30 percent of windows on any street or
lakefront façade;
(iii) Replacement of 30 percent or more of facade materials on any street or lakefront
facade with a different facade material;
3. When a renovation of the shape or style of the roof occurs with no added building square footage,
the cap type requirements must be met when the existing building front, corner or lakefront
facade is located within the build-to zone;
4. Under all circumstances, no portion of the building type standards must be met in the case of
normal repairs required for safety and continued use of the structure, such as replacement of
window or door glass;
C. General requirements.
All construction in the form districts must meet the following requirements:
1. Zone districts.
No primary building shall be developed within a form district unless it matches one of the building
types approved for that district in Table 50-22.2-1;
2. Planning review required.
Development of any building type must be reviewed and approved by the city through the
planning review process in Article V;
3. Permanent structures.
All buildings constructed must be permanent construction without a chassis, hitch, or wheels, or
other features that would make the structure mobile. Temporary structures and uses are
permitted as shown in Article III;
D. Alternative compliance for renovation of existing primary structures.
Where compliance with the specific requirements of Section 50-22 is not possible as a res ult of unique
site conditions, an owner may propose alternatives consistent with the goals of sections 50-16 and 50-22.
Approval of an alternative approach is authorized where an applicant can demonstrate the following:

Article 4, Page 5 (UDC 12/21)

50-22 Building Form Standards

1. The renovation does not increase the existing primary structure’s footprint; and
2. The proposed renovation achieves the goals stated in Section 50-16 relevant to the particular
form district to the same degree, or better than, the building form standards set fort h in S ec tion
50-22. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10153, 5-14-2012, § 3; cited only by Ord. No.
10284, 3-10-2014, § 2.)

50-22.2 General building type descriptions.

Four major categories of building types are described in this Section: Main Street Building, Corridor
Building, Cottage Commercial Building, and Iconic Building. The building types proposed for the Form
Districts include three variations of the Main Street Building, three variations of the Corridor Building, t wo
variations of the Cottage Commercial Building, and one version of the Iconic Building. The building t y pe
variations go from least intense (Type I) to most intense (Type III);
A. Main street buildings.
Main street buildings, in general, are pedestrian-oriented, mixed use buildings. This building type
typically has a storefront on the ground floor with offices or residential uses on the upper floors. The
ground floor of the Main Street Building has a high amount of transparency, so that pedestrians walk ing
by can look into the interior space.

1. Main street building I.

This building type allows for service, retail, and office uses on the ground floor and office or
residential above. It is appropriate for commercial uses adjacent to residential neighborhoods, as
the intensity of this building type is not as high as the other main street building t ypes. It has a
larger build-to zone and a maximum height of two-and-a-half or three stories depending on
location;
2. Main street building II.
Main street building II is slightly more intense than main street building I, as it is required t o be
built up to the right-of-way and may generally be up to four stories tall. This building t y pe also
permits service, retail and office uses on the ground floor and office or residential on upper floors;
3. Main street building III.
Main street building III is the most intense of the main street building types, as it is meant to be
used in the downtown area. It is located directly adjacent to the sidewalk and should include
retail or service uses on the ground floor whenever possible. Main street building III has a
maximum height of 15 stories in limited locations;
B. Corridor buildings.
Corridor buildings are primarily meant to house office or multi-family residential uses, with less
transparency required on the ground floor.

1. Corridor building I.
This building type can house a single category of uses, such as office or residential, or a mix of
uses. Corridor building I is the least intensive corridor building, located in the more neighborhood
oriented study area locations. It has a larger build-to zone that is set back farther than the ot her
corridor buildings and is permitted to be a maximum of three stories;
2. Corridor building II.
Corridor building II is an intermediary building type between the more neighborhood scale
locations and the intensity of Downtown. It is similar to corridor building I in many way s, but is
permitted to be built up to the sidewalk and may also be taller, with generally a maximum height
of four stories;
3. Lakefront corridor building.
The lakefront corridor building is a variation on corridor building II that was created for us e along
Lake Superior in Canal Park. These buildings front the lake, but also require some level of
frontage on Canal Park Drive. The maximum height is four stories;

Article 4, Page 6 ( UDC 12/21)

50-22 Building Form Standards

4. Corridor building III.

Corridor building III was created for use in Downtown. It is required to be built adjacent to the
sidewalk and has a maximum height of 15 stories in specified locations. While the corridor
building types are meant to house primarily office and residential uses, commercial uses are als o
permitted to create a vibrant commercial core for Downtown;

C. Cottage commercial.
The cottage commercial building is primarily commercial in nature but, unlike the Main Street Building, it is
similar in form to single-family residential areas, providing transitions between commercial and residential
areas.

1. Cottage commercial I.
The cottage commercial building type is residential in character but commercial in use. At a
maximum height of two and a half stories, it is meant to blend in with a surrounding residential
neighborhood while at the same time providing neighborhood-scale commercial uses. Cottage
commercial I is for use as a transition to residential locations, with a larger build-to zone and
permitted side aisle of parking. Cottage commercial I may also include multiple principal
structures on one lot, provided that each building meets the requirements of the building type;

2. Cottage commercial II.

Cottage commercial II is similar to cottage commercial I but is used in the West Duluth study
area, which is a more intense context. This building type may be built to the front property line
and must locate parking in the rear;

D. Iconic building.
While the previously mentioned building types are intended to serve as the fabric buildings of the city, th e
iconic building is a unique civic or institutional building that has distinctive character and func t ion wit hin
the community. The iconic building has more flexible requirements for building location and transparency
than the other non-residential building types due to its unique nature and importance to the community;

The iconic building type is meant to house community, cultural, civic, educational or government al us es
(i.e. uses classified as “Community and Cultural Facilities” or “Educational Facilit ies” in Table 50-19. 8).
Properties that are designated as local historic landmarks may contain any land use allowed in 50 -19. 8
for the zone district that the property is located, and are not limited to only community and cultural
facilities or educational facilities;

(Ord. No. 10722, 12-14-2020, § 4)

Article 4, Page 7 (UDC 12/21)

50-22 Building Form Standards

Table 50-22.2-1: Summary Table of Permitted Building Types by Zone District.

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 23; Ord. No. 10284, 3-10-2014, § 2.)

50-22.3 Base types.

Base type standards apply to the ground story and visible basement of front facades of all building types.
To determine which base type(s) are permitted for each building type, refer to the building types-spec ific
information found in sections 50-22.7 through 50-22.17.
A. General provisions.
The following provisions apply to all base types.
1. Intent. To guide the design of the ground story of all buildings to relate appropriately to
pedestrians on the street. Treatment of other portions of the building facades is detailed in each
building type standard (refer to 50-22.7 through 50-22.17);
2. Applicability. The entire ground story front facade of all buildings must meet the requirements of
one of the permitted base types, unless otherwise stated in this Section;
3. Measuring transparency. Refer to Section 50-22.5.D.1 for information on measuring building
transparency;
4. Visible basements. Visible basements, permitted by base type, are optional;
5. Expression lines. For the purposes of this Section, expression lines are an architectural feature
comprised of a decorative, three dimensional, linear element, horizontal or vertical, protruding or

Article 4, Page 8 ( UDC 12/21)

Article 4, Page 11 (UDC 12/21)

50-22 Building Form Standards

Figure 50-22.5-B: Measuring Height

1. Minimum and maximum overall height. ( Refer to Figure 50-22.5-B)

2. A required minimum and maximum overall height is provided for all building types and is
measured as follows:
(a) Height in stories. The sum of a building’s stories. Half stories are located either
completely within the roof structure or in a visible basement exposed a maximum of one-
half story above average finished grade;
(b) Height in feet measured as follows:
(i) Parapet cap type. Overall height is measured from the average
finished grade of the building’s front facade to the highest point of t he
parapet;
(ii) Pitched cap type. Overall height is measured from the average
finished grade of the building’s front facade to the midpoint of the
highest roof slope;
(iii) Flat Roof cap type. Overall height is measured from the average
finished grade of the building’s front facade to the top of the highest
eave;
(iv) Appurtenances. Chimneys, antennae and other similar appurtenances
may exceed the overall building height by no more than 25 feet;
(v) Towers. Maximum height, measured from the top of the upper story to
the top of the tower, is the equivalent of the height of one upper floor of
the building to which the tower is applied. This additional floor does
not count toward the overall height of the building. Refer to Section 50-
22.4 (E);
3. Ground story and upper story minimum and maximum height. (Refer to Figure 50-22.5-B.) Each
building type includes a permitted range of height in feet for each story, which is measured as
follows:
(a) Floor height is measured in feet from the floor of a story to the floor of the story above it;
(b) For single story buildings and the uppermost story of a multiple story building, floor to
floor height shall be measured from the floor of the story to the tallest point of the ceiling;
4. Where a building spans a block, and the block is adjacent to two street frontages with different
building height maximums, the maximum height is determined as follows:
(a) Where a block is adjacent to two streets with different maximum building heights, the
midpoint between those two streets is the point where the maximum building height
transition occurs;
(b) Where a block is between Superior Street and Michigan Street, the greater maximum
building height allowed on Superior Street extends through the entire block t o Mic higan
Street;

Article 4, Page 16 ( UDC 12/21)

Figure 50-22.6-A: Relationship

betw een the principal structure and
the pum p islands

C. Drive-through.
Refer to Figure 50-22.6-B.
1. The drive-through shall be located on the
side or rear façade;
2. When occurring adjacent to any residential
district, the boundary with those districts
shall be buffered in accordance with the
standards in Section 50-25.5.B;

Figure 50-22.6-B: drive-through

Article 4, Page 20 ( UDC 12/21)

50-22 Building Form Standards

D. Parking structure.
Facades of parking structures visible from any public right-of-way shall meet the following requirements:
1. Vertical expression lines are required every 60 feet;
2. Ramped floors shall not be visible from the street. Garage openings shall be organized in stories.
Story dimensions shall match adjacent buildings, measured between nine feet and 14 feet floor to
floor;
3. The street facing façade surface of the structure shall be articulated with the same level of detail
and the same type of material as adjacent buildings. Brick masonry shall be the dominant
surface material, occupying a minimum of 50 percent of the street facing façade surface;
4. Garage entries and exits shall be located on secondary streets or alleys. (Ord. No. 10044,
8-16-2010, § 6; cited only by Ord. No. 10284, 3-10-2014, § 2.)

Article 4, Page 21 (UDC 12/21)

50-22 Building Form Standards

50-22.7 Building type summary table.

Table 50-22.7-1: Building Type Sum m ary Table .

Type Street Frontage Side & Rear Yard Buildable Area

Setbacks
Multiple Front Yard Corner Minimum Cov erage Minimum Minimum Minimum Minimum
Buildings BTZ or Side Yard of Front Build-to- Side Yard Rear Yard Landscape Lot Width
Permitted setback BTZ or Zone Setback Setback Area (feet)
on a Lot (feet) setback (feet) (feet)
(feet)

Main Street No 0-15 0-15 65%; BTZ may 0 5 10% 30

exclude permitted
Building I driveway

Main Street No 0-5 0-5 95% 0 5 0% 20

Building II

Main Street No 0-5 0-5 95% 0 0 0% 20

Building III

Corridor Yes 5-15 5-15 65% 0 5 10% 30

Building I

Corridor Yes 0-15 0-15 75% 0 5 15% 50

Building II

Lakefront Yes 0-25 BTZ on 0-15 33% on street face; 10% of lot Not 20% 50
Lakefront; 65% on Lakefront width on Applicable
Corridor 0-15 BTZ each side
Building along Canal or
Park Drive aggregate
on one side
Corridor No 0-5 0-5 85% 0 0 0% 50
Building III

Cottage Yes 5-20 5-20 60% 5 5 10% 50

Commercial
I

Cottage No 0-15 0-15 60% 0 5 20% 50

Commercial
II

Iconic Yes 5’ setback 5’ setback Not Applicable 5 5 20% 50

1 Tower permitted for all Building Ty pes;

*2* Two driv eway s may be permitted through Land Use Superv isor ap proval if frontage exceeds 200';
*3* 15 Stories or 188' as measured from W Superior Street, permitted from Mesaba Av e to N 4th Av e E;
*4* Ground floor transparency may be greater depending on base ty pe;
*5* Two driv eway s may be permitted through Land Use Sup erv isor approval if frontage exceeds 300' (with or without alley )

Article 4, Page 22 ( UDC 12/21)

50-22 Building Form Standards

Parking & Access Building Height Transparency Entrance Cap and Base Type

Location Number of Minimum Maximum Min Front & Blank Wall Primary Allow ed Allow ed Base
of Parking Permitted Principal Principal Corner Side Limitations Entrance Cap Types
Facilities Driv ew ays Building Building Facade Location Types*1*
(yard) Height Height Transparency
(stories) per Story*4*

Rear; 1 driveway 1 37' along East 20% Required Front or Parapet, Storefront
single or permitted per Superior Street; Corner Flat Roof,
double side frontage*2* 45' along Side Pitched
aisle London Road Facade Roof
permitted
Rear If no alley 1 55'; 80’ on Lake 20% Required Front or Parapet, Arcade,
exists, 1 Avenue Corner Flat Roof, Storefront
driveway Side Pitched
permitted per Facade Roof
frontage*2*
Rear If no alley 1; 2 along 80'; 116' on 20% Required Front or Parapet, Arcade,
exists, 1 Superior corner parcels Corner Flat Roof Storefront
driveway Street only; 188' along Side
permitted per Superior Facade
frontage*5* Street*3*
Rear, 1 driveway 1 45' 20% Required Front or Parapet, Stoop, Porch
Single or permitted per Corner Flat Roof,
double side frontage*2* Side Pitched
aisle Facade Roof
permitted
Rear If no alley 1 55'; 80’ on Lake 20% Required Front or Parapet, Stoop, Porch
exists, 1 Avenue Corner Flat Roof,
driveway Side Pitched
permitted per Facade Roof
frontage*2*
Must be 1 driveway 1 55' 20% Required Visible Parapet, Stoop or Porch
screened permitted per only on from street Flat Roof, on Lake or
from the every 140' of street or Pitched parking lot face;
Lakefront frontage Lakefront Roof Storefront or
by building facades Stoop on street
face

Rear If no alley 1 80'; 116' on 20% Required Front or Parapet, Stoop

exists, 1 corner parcels Corner Flat Roof
driveway only; 188' along Side
permitted per Superior Facade
frontage*5* Street*3*

Rear, 1 driveway 1 33' 20% Not required Front of Pitched Shopfront,

Single or permitted per Corner Roof Porch, Stoop
double side frontage*2* Side
aisle Facade
permitted
Rear If no alley 1 33' 20% Not required Front of Pitched Shopfront,
exists, 1 Corner Roof Porch, Stoop
driveway Side
permitted per Facade
frontage*2*
Rear, 1 driveway 1 55' 10% Not required Front or Parapet, Stoop
Single side permitted per Corner Flat Roof,
aisle frontage*2* Side Pitched
permitted Facade Roof

(Ord. No 10044, 8-16-2010, Ord. No 10096, 7-18-2011; Ord. No. 10284, 3-10-2014; Ord No. 10522 9-11-2017)

Article 4, Page 23 (UDC 12/21)

50-22 Building Form Standards

50-22.8 Main street building I.

A. Building Siting
1. Street Frontage
Multiple Principal Buildings Not permitted
Front Build-to Zone Coverage 65%; BTZ may exclude permitted drivew ay (a)
Occupation of Corner Required
Front BTZ 0'to 15' (b)
Corner BTZ 0'to 15' (c)

2. Building Area
Side Yard Setback 0' (d)
Rear Yard Setback 5' (e)
Minimum Lot Width 30' (f)
Minimum Landscape Area 10%

3. Parking Lot, Loading & Access

Parking Lot Location Rear yard, Single or double aisle permitted in
side yard (g)
Loading Facility Location Rear or side building facade (h)
Access 1 drivew ay permitted per frontage, 2 drivew ays
may be permitted through Land Use Supervisor
approval if frontage exceeds 200' (i)

B. Height
Minimum Overall Height 1 story (j)
Maximum Overall Height 37' along East Superior; 45' along London Road (k)

C. Uses
Ground Story Refer to Article 3. Permitted Uses (l)
Upper Story Refer to Article 3. Permitted Uses (m )
Parking w ithin Building Permitted in the rear of the ground floor and fully in any other floor
Occupied Space 30' depth space required on ground floor facing Primary Street (n)

Article 4, Page 24 ( UDC 12/21)

50-22 Building Form Standards

D. Street Facade Requirem ents

1. Transparency (o)
Minimum Transparency 20% per floor
Blank Wall Limitations Required

2. Building Entrance
Principal Entrance Location Front or Corner Side Facade of building (p)
Street Facades No. of Entrances: 1 per 50' of Front Facade

3. Balconies (if provided) (q)

Size Minimum 3' deep and 5' w ide
Facade Coverage Maximum 30% of front & corner side facades, calculated separately
Access to Balcony Maximum one (1) dw elling unit
Structure Independently secured and unconnected to other balconies, or integral
to the façade

E. Cap & Base Type Requirem ents

Cap Type Parapet, Flat Roof, Pitched Roof (r)
Tow er Permitted
Street Facade Base Type Storefront (s)

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

Article 4, Page 25 (UDC 12/21)

50-22 Building Form Standards

50-22.9 Main street building II.

A. Building Siting
1. Street Frontage
Multiple Principal Buildings Not permitted
Front Build-to-Zone Coverage 95% (a)
Occupation of Corner Required
Front BTZ 0'to 5' (b)
Corner BTZ 0'to 5' (c)

2. Buildable Area
Side Yard Setback 0' (d)
Rear Yard Setback 5' (e)
Minimum Lot Width 20' (f)
Minimum Landscape Area 0%

3. Parking Lot, Loading & Access

Parking Lot Location Rear yard (g)
Loading Facility Location Rear building facade (h)
Access No drivew ay permitted if alley access is
available; if no alley exists, 1 drivew ay
permitted per frontage; 2 drivew ays may be
permitted through Land Use Supervisor
approval if frontage exceeds 200' (i)

B. Height
Minimum Overall Height 1 story (j)
Maximum Overall Height 55'; 80’ on Lake Avenue (k)

C. Uses
Ground Story Refer to Article 3. Permitted Uses (l)
Upper Story Refer to Article 3. Permitted Uses (m )
Parking w ithing Building Permitted in the rear of the ground floor and fully in any other floor (n)
Occupied Space 30' depth space required on ground floor facing Primary Street

Article 4, Page 26 ( UDC 12/21)

50-22 Building Form Standards

D. Street Facade Requirem ents

1. Transparency (o)
Minimum Transparency 20% per floor
Blank Wall Limitations Required
2. Building Entrance
Principal Entrance Location Front or Corner Side Facade of building (p)
Street Facades No. of Entrances: 1 per 75' of Front Facade
3. Balconies (if provided) (q)
Size Minimum 3' deep and 5' w ide
Facade Coverage Maximum 30% of front & corner side facades, calculated separately
Access to Balcony Maximum one (1) dw elling unit
Structure Independently secured and unconnected to other balconies, or integral to the
facade

E. Cap & Base Type Requirem ents

Cap Type Parapet, Flat Roof, Pitched Roof (r)
Tow er Permitted
Street Facade Base Type Arcade, Storefront (s)

F. Facade Materials Requirem ents 2

Permitted Facade Materials Durable, natural materials, such as stone, brick, stucco, metal, and concrete
Permitted Upper Story Facade Painted or Stained Wood
Materials
Required Materials Minimum 60% masonry on each facade, red brick preferred
Materials to Avoid Imitation materials intended to look like natural materials, Residential grade
w indow s and doors on the ground story; painted brick or stone
Prohibited Materials on Facades Concrete masonry units, utility or economy bricks more than 3" in height,
untreated w ood, and exterior insulation & finishing systems (EIFS)
Facade Colors Historic Paint Palettes by any major brand, also on file at City Hall

*2*
Facade materials requirements apply only to the Canal Park area
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

Article 4, Page 27 (UDC 12/21)

50-22 Building Form Standards

50-22.10 Main street building III.

A. Building Siting
1. Street Frontage
Multiple Principal Buildings Not permitted
Front Build-to-Zone Coverage 95% (a)
Occupation of Corner Required
Front BTZ 0'to 5' (b)
Corner BTZ 0'to 5' (c)

2. Buildable Area
Side Yard Setback 0' (d)
Rear Yard Setback 0' (e)
Minimum Lot Width 20' (f)
Minimum Landscape Area 0%

3. Parking Lot, Loading & Access

Parking Lot Location Rear yard (g)
Loading Facility Location Rear building facade (h)
Access No drivew ay permitted if alley access
is available; if no alley exists, 1
drivew ay permitted per frontage; 2
drivew ays may be permitted through
Land Use Supervisor approval if
frontage exceeds 300' (i)

E. Cap & Base Type Requirem ents

Cap Type Parapet, Flat Roof, Pitched Roof (r)
Tow er Permitted
Street Facade Base Type Stoop, Porch*2* (s)

*2*
Porch, Stoop, or stairs may encroach to within 2' of the property line

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

Article 4, Page 31 (UDC 12/21)

50-22 Building Form Standards

50-22.12 Corridor building II.

A. Building Siting
1. Street Frontage
Multiple Principal Buildings Permitted
Front Build-to Zone Coverage 75%
Occupation of Corner Required (a)
Front BTZ 0’ to 15' (b)
Corner BTZ 0' to 15' (c)

2. Building Area
Side Yard Setback 0' (d)
Rear Yard Setback 5' (e)
Minimum Lot Width 50' (f)
Minimum Landscape Area 15%

3. Parking Lot, Loading & Access

Parking Lot Location Rear yard (g)
Loading Facility Location Rear building facade (h)
Access No drivew ay permitted if alley access is
available; If no alley exists, 1 drivew ay
permitted per frontage; 2 drivew ays
may be permitted through (special
exception) if frontage exceeds 200' (i)

B. Height
Minimum Overall Height 1 story (j)
Maximum Overall Height 55'; 80’ on Lake Avenue (k)

C. Uses
Ground Story Refer to Article 3. Permitted Uses (l)
Upper Story Refer to Article 3. Permitted Uses (m )
Parking w ithin Building Permitted in the rear of the ground floor and fully in any other floor (n)
Occupied Space 30' depth space required on ground floor facing Primary Street

Article 4, Page 32 ( UDC 12/21)

50-22 Building Form Standards

D. Street Facade Requirem ents

1. Transparency (o)
Minimum Transparency 20% per floor
Blank Wall Limitations Required

2. Building Entrance
Principal Entrance Location Front or Corner Side Facade of building (p)
Street Facades No. of Entrances: 1 per 75' of Front Façade

3. Balconies (if provided) (q)

E. Cap & Base Type Requirem ents

Cap Type Parapet, Flat Roof, Pitched Roof (r)
Tow er Permitted
Street Facade Base Type Stoop, Porch (s)

F. Facade Materials Requirem ents2

Permitted Facade Materials Durable, natural materials, such as stone, brick, stucco, metal, & concrete
Permitted Upper Story Facade Painted or Stained Wood
Materials
Required Materials Minimum 60% masonry on each facade, red brick preferred
Materials to Avoid Imitation materials intended to look like natural materials; Residential grade
w indow s & doors on the ground story; painted brick or stone
Prohibited Materials on Facades Concrete masonry units, utility or economy bricks more than 3" in height,
untreated w ood, & exterior insulation & finishing systems (EIFS)
Facade Colors Historic Paint Palettes by any major brand, also on file at City Hall
*2*
Facade materials requirements apply only to the Canal Park
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

Article 4, Page 33 (UDC 12/21)

50-22 Building Form Standards

50-22.13 Lakefront corridor building.

A. Building Siting
1. Street & Lake Frontage
Multiple Principal Buildings Permitted
Build-to Zone Coverage:
Front & Corner BTZ 33% (a)
Rear BTZ on Lakefront 65% (b)
Occupation of Corner Required
Build-to-Zone:
Front & Corner BTZ 0-15' (c)
on Street Face
Rear BTZ on Lakefront 0-25' (d)

2. Buildable Area
Side Yard Setback 10% of lot w idth on each
side or aggregate on one
side (e)
Rear Yard Setback Not applicable
Lakefront Access Easement Minimum 50' w ide
easement from Canal
Park Drive to the
Lakew alk*1*
Minimum Lot Width 50' (f)
Minimum Landscape Area 20%

3. Parking Lot, Loading & Access

Parking Lot Location Must be screened from the Lakefront by building (g)
Loading Facility Location Not permitted on Street per Lakefront Facades (h)
Access 1 drivew ay permitted per every 140' of street frontage (i)

B. Height
Minimum Overall Height 1 story (j)
Maximum Overall Height 55' (k)

C. Uses
Ground Story Refer to Article 3. Permitted Uses (l)
Upper Story Refer to Article 3. Permitted Uses (m )
Parking w ithin Building Permitted in the rear of the ground floors and fully in any basement (n)
Occupied Space 30' depth space facing Primary Street or space on front façade

Article 4, Page 34 ( UDC 12/21)

50-22 Building Form Standards

D. Street, Lakefront, & Parking Lot Facade Requirem ents

1. Transparency (o)
Minimum Transparency 20% per floor
Blank Wall Limitations Required only on Street & Lakefront Facades

2. Building Entrance
Principal Entrance Location Visible from Street (p)
Street Facades No. of Entrances 1 per 100' of Front Facade
Lakefront Facade 1 per 150' of Front Facade

3. Balconies (if provided) (q)

E. Cap & Base Type Requirem ents

Cap Type Parapet, Flat Roof, Pitched Roof (r)
Tow er Permitted
Street Facade Base Type Storefront, Stoop (s)
Parking Lot Facade Base Type Stoop, Porch (t)
Visible from Street
Lakefront Facade Base Type Stoop, Porch (t)

F. Facade Materials Requirem ents

Permitted Facade Materials Durable, natural materials, such as stone, brick, stucco, metal, & concrete
Permitted Upper Story Facade Painted or stained w ood
Materials
Materials to Avoid Imitation materials intended to look like natural materials; Residential grade
w indow s & doors on the ground story; painted brick or stone
Prohibited Materials on Facades Concrete masonry units, utility or economy bricks more than 3" in height,
untreated w ood, & exterior insulation & finishing systems (EIFS)
Facade Colors Historic Paint Palettes by any major brand, also on file at City Hall
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

Article 4, Page 35 (UDC 12/21)

50-22 Building Form Standards

50-22.14 Corridor building III.

A. Building Siting
1. Street Frontage
Multiple Principal Buildings Not Permitted
Front Build-to Zone Coverage 85% (a)
Occupation of Corner Required
Front BTZ 0' to 5' (b)
Corner BTZ 0' to 5' (c)

2. Buildable Area
Side Yard Setback 0' (d)
Rear Yard Setback 0' (e)
Minimum Lot Width 50' (f)
Minimum Landscape Area 0%

3. Parking Lot, Loading & Access

Parking Lot Location Rear Yard (g)
Loading Facility Location Rear Building Facades (h)
Access No drivew ay permitted if alley
is available; if no alley exists;
1 drivew ay permitted per
frontage; 2 drivew ays may be
permitted through Land Use
Supervisor approval if
frontage exceeds 300' (i)

B. Height
Minimum Overall Height 1 story (j)
Maximum Overall Height 80'; 116' on corner parcels only; 188' along Superior street*1 2* (k)

C. Uses
Ground Story Refer to Article 3. Permitted Uses (l)
Upper Story Refer to Article 3. Permitted Uses (m )
Parking w ithin Building Permitted in the rear of all floors and fully in any basement (n)
Occupied Space 30' depth & 30' height required facing Primary Streets; 30' depth required on
ground floor facing Secondary Streets

*1*
15 Stories/188' height shall be measured from Superior Street
*2*
15 Stories permitted from Mesaba Ave to N 4th Ave E on W Superior Street

Article 4, Page 36 ( UDC 12/21)

50-22 Building Form Standards

D. Street Facade Requirem ents

1. Transparency (o)
Minimum Transparency 20% per floor
Blank Wall Limitations Required

2. Building Entrance (p)

Principal Entrance Location Front or Corner Side Facade of Building
Street Facades No. of Entrances: 1 per 75' of Front Facade

3. Balconies (if provided) (q)

E. Cap & Base Type Requirem ents

C. Uses
Ground Story Refer to Article 3. Permitted Uses (l)
Upper Story Refer to Article 3. Permitted Uses (m )
Parking w ithin Building Permitted in the rear of all floors and fully in any basement (n)
Occupied Space 30' depth space facing Primary Streets or space on front façade

Article 4, Page 40 ( UDC 12/21)

50-22 Building Form Standards

D. Street Facade Requirem ents

1. Transparency (o)
Minimum Transparency 20% per floor
Blank Wall Limitations Not Required

2. Building Entrance
Principal Entrance Location Front or Corner Side Facade of Building (p)
Street Facades No. of Entrances: Not Required

3. Balconies (if provided) (q)

E. Cap & Base Type Requirem ents

Cap Type Pitched Roof (r)
Tow er Permitted
Street Facade Base Type Shopfront, Porch, Stoop (s)

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

Article 4, Page 41 (UDC 12/21)

50-22 Building Form Standards

50-22.17 Iconic building.

A. Building Siting
1. Street Frontage
Multiple Principal Buildings Permitted
Front Build-to Zone Coverage Not Applicable
Occupation of Corner Not Required
Front BTZ 5' (a)
Corner BTZ 5' (b)

2. Buildable Area
Side Yard Setback 5' (c)
Rear Yard Setback 5' (d)
Minimum Lot Width 50' (e)
Minimum Landscape Area 20%

3. Parking Lot, Loading & Access

Parking Lot Location Rear Yard; Single aisle
permitted in side yard (f)
Loading Facility Location Rear building facade (g)
Access 1 drivew ay permitted per
frontage; 2 drivew ays may
be permitted through Land Use Supervisor approval if frontage exceeds 200' (h)

B. Height
Minimum Overall Height 1 story (i)
Maximum Overall Height 55' (j)

C. Uses
Ground & Upper Stories Only Civic, Institutional, Utility, & Recreation uses are permitted in the Iconic
Building Type. Local designated historic landmarks are exempt from this
requirement (k)
Parking w ithin Building Permitted in the rear of all floors and fully in any basement
Occupied Space 30' depth space facing Primary Streets or space on front façade

Article 4, Page 42 ( UDC 12/21)

50-22 Building Form Standards

D. Street Facade Requirem ents

1. Transparency (l)
Minimum Transparency 10% per floor
Blank Wall Limitations Not Required

2. Building Entrance
Principal Entrance Location Front or Corner Side Facade of Building (m )
Street Facades No. of Entrances: Not Required

E. Cap & Base Type Requirem ents

Cap Type*2* Parapet, Pitched Roof, Flat Roof (n)
Tow er Permitted
Street Facade Base Type Stoop (o)

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10284, 3-10-2014, § 2; Ord No. 10522 9-11-2017)

*2*
Other cap types not listed here may be approved by the Land Use Supervisor

Article 4, Page 43 (UDC 12/21)

50-23 Connectivity and Circulation

Article 4, Page 44 ( UDC 12/21)

50-23 Connectivity and Circulation

50-23 CONNECTIVITY AND CIRCULATION.

50-23.1 Applicability and exemptions.

This Section 50-23 shall apply to all new subdivision, replatting, registered land surveys (RLSs),
development and redevelopment applications after November 19, 2010. General circulation requirements
are listed in Section 50-23.2, but additional circulation requirements apply in some circumstances. S it es
that are (a) located in any zone district other than the RC, RR-1, RR-2, MU-B, I-G, or I-W districts, and (b)
larger than three acres, and (c) will contain more than one development parcel shall meet the connectivity
index requirements of Section 50-23.3. All new subdivision, replatting, development, and redevelopment
applications shall meet the requirements of Section 50-23.4, and those containing more than one
principal building shall meet the requirements of Section 50-23.5. (Ord. No. 10044, 8-16-2010, § 6.)

50-23.2 General circulation requirements.

Applications for subdivision, replatting, RLS, development, or redevelopment shall meet the following
standards:
A. Where adopted city plans show a bicycle or pedestrian path or trail or sidewalk, t he sit e des ign
shall provide connections to those paths or trails or sidewalks;
B. Any requests by the city for designation or dedication of land for bicycle or pedestrian trails within
a proposed development shall comply with the provisions of Section 50-33.8, Land for public purposes;
C. Unless the city engineer waives the requirement in writing based on concerns of public safety, or
site/ topography constraints:
1. Each proposed street within a new subdivision, regardless of zoning designation, shall be public
and designed and constructed to city engineer construction standards;
2. Each proposed public or private street within the R-1, R-2, R-P, MU-P, MU-N, MU-C, MU-I or MU-
W districts shall include a sidewalk at least five feet wide or a multi-use trail at least eight feet
wide on at least one side of the street, as determined by the City Engineer. The sidewalk or
multi-use trail shall be set back from the edge of curb by at least five feet to allow room for snow
storage and/or landscape features;
3. Each proposed public or private street within the MU-B, I-G or I-W districts shall include a
sidewalk at least five feet wide or a multi-use trail at least eight feet wide on one side of the street;
4. Proposed public or private sidewalk and multi-use trails shall use the most direct path practical;

D. Whenever cul-de-sac streets are created,

one ten foot wide pedestrian access/public utility
easement shall be provided, between the cul-de-
sac head or street turnaround and the sidewalk
system of the closest adjacent street or pedestrian
sidewalk or pathway, unless the city engineer
determines that public access in that location is not
practicable due to site or topography constraints
(refer to Figure 50-23-A);

Figure 50-23-A: 10 ft. access easem ent from head of cul-de-

sac to nearest street or path

Article 4, Page 45 (UDC 12/21)

50-23 Connectivity and Circulation

E. A pedestrian way at least ten feet in width shall be provided near the middle of any block face
longer than 800 feet in order to provide connections with streets on either side of the block;

F. Any use requiring vehicle access from a public street or alley shall be referred to the city engineer
for review before any permits are issued. The city engineer shall consider, but not be limited to, the
following factors when determining whether to approve the proposal:
1. The consolidation of curb cuts shall be encouraged, and new curb cuts shall be discouraged
whenever appropriate, considering safe traffic flow, the objectives of this chapter, and access
points needed for the proper function of the use;
2. Functional classification of the road where the curb cut is proposed;
3. The location of driveways shall be at least 100 feet from an intersection. The city engineer may
permit driveways closer to an intersection due to limited lot frontage or site/topography
constraints;
4. The location of driveways relative to other existing uses is such that street traffic shall not be
seriously disrupted and no unnecessary hazards shall be established for pedestrians. (Ord. No.
10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 25; Ord. No. 10458, 7-11-2016, § 1; Ord.
No. 10733, 1-11-2021, § 4)

50-23.3 Connectivity index for larger non-exempt developments.

A. Requirements.
1. A connectivity index is calculated by dividing the number of “links” in the proposed development
by the number of “nodes” in the same development;
2. In order to promote walkability and reduce the number and length of vehicular trips both within
developments and between new developments and surrounding areas, each development or
redevelopment covered by this Section 50-23 shall provide internal junctions and external
connections to achieve a connectivity index calculation of at least 1.65;
3. In addition, each street frontage of the development shall include at least one street stub or
connection to the external street system every 1,500 feet;
4. The land use supervisor may reduce the required connectivity index, the requirement for ex ternal
street connections, or the requirement for cul-de-sac access easements if compliance with the
provisions of this subsection is impracticable due to site or topography constraints;

Article 4, Page 46 ( UDC 12/21)

50-23 Connectivity and Circulation

B. Example.

(Ord. No. 10044, 8-16-2010, § 6.)

50-23.4 Americans with Disabilities Act.

All “places of public accommodation,” as defined in the federal Americans with Disabilities Act (42 U.S.C.
12101 et. seq.) shall comply with the requirements of that act concerning on-site circulation and ac c ess.
(Ord. No. 10044, 8-16-2010, § 6.)

50-23.5 Multi-building developments.

Commercial developments containing more than one principal building on a single lot or parcel shall
include an unobstructed walkway or pathway providing access between the principal buildings. The
walkway or pathway shall be at least five feet wide. (Ord. No. 10044, 8-16-2010, § 6.)

50-23.6 Skywalks.
A. The location and design of skywalks should not compromise the historic or architectural int egrit y
of existing buildings;
B. Design of skywalks shall be approved based on their architectural sensitivity, harmony and
cohesiveness with the historic/industrial waterfront character of the surrounding area;
C. New skywalks installed and existing sidewalks remodeled at a cost of more t han 50 perc ent of
their assessed value after November 19, 2010, shall be designed so that 66 percent of each vertical s ide
elevation is made of glass or transparent materials. A lower level of transparency can be reduc ed, but
not to less than 50 percent, if a higher level of transparency is technically infeasible due t o s pan lengt h
and engineering limitations. (Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 47 (UDC 12/21)

50-23 Connectivity and Circulation

50-23.7 Safe routes to school

Any subdivision approved by the City of Duluth on or after January 1, 2019, shall incorporate Safe Routes
to School Infrastructure where applicable. (Ord. No. 10592, 9-24-18, § 1)

Article 4, Page 48 ( UDC 12/21)

50-23 Connectivity and Circulation

50-24 PARKING AND LOADING.

50-24.1 Applicability.
The standards of this Section 50-24 shall apply to all development and redevelopment, except that:
1. Development and redevelopment in any of the form districts shall only be required to provide that
amount of parking that can be accommodated on the development parcel while allowing the
principal building to meet all of the building form standards in Section 50-22;
2. No off-street parking shall be required for any non-residential use on a lot smaller than 10,000
square feet in any mixed use district or special purpose district;
3. No off-street parking shall be required for any building with less than 10,000 square feet of gros s
floor area and with a non-residential primary use in any mixed use district or special purpose
district;
4. No off-street parking shall be required within the boundaries of the Downtown area shown in
Exhibit 50-24.1-1;
5. No off street parking shall be required for any use except (1) hotels or motel, and (2) res ident i al
developments with more than ten units, within the boundaries of the Canal Park area s hown in
Exhibit 50-24.1-1;
6. Development and redevelopment that is exempt from being required to provide off-street park ing
but does provide parking, must follow all the provisions of this Section.

(Ord. No. 10044, 8 16 2010, § 6; Ord. No. 10096, 7 18 2011, § 26.)

from allowing pedestrians to pass from the row of parking furthest from the primary building façade to t he
primary building entrance or a sidewalk allowing the pedestrian to reach the primary building entrance
without crossing additional driving spaces or aisles. The required walkway must be at least five feet wide,
shall not be located within a driving aisle, and shall be located in a landscaped island running
perpendicular to the primary building façade if possible. If located in a landscaped island, t he minimum
width of the island shall be increased by five feet to accommodate the walkway without reducing the
amount of landscaped area. If any parking space in the parking aisle located furthest from t he primary
structure is more than 200 feet from the walkway, additional similar walkways shall be required within 200
feet of those spaces. If there is a public sidewalk along the street frontage located within 50 feet of any
required walkway, the walkway shall connect to that sidewalk;

E. Tandem or in-line parking.

Tandem or in-line parking, or other similar arrangements that involve the placement of two or more
parking spaces in a row directly behind one another so that one parking space is blocking access for
other parking spaces, is not allowed for off street parking spaces required by Chapter 50, but is allowed to
meet off-street parking required in Chapter 29A. This provision does not apply to required off street
parking spaces within enclosed structures, such as garages or parking structures. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10286, 3-10-2014, § 12; Ord. No. 10340, 11-24-2014, § 2; Ord. No. 10509, 6-
12-2017, §3)

50-24.8 Required loading space.

Unless otherwise provided in this Chapter, all construction of new buildings or expansions of existing
buildings shall provide off street loading space shown in Table 50-24-5 below.

Table 50-24-5: Off-Street Loading Space Standards

Type of Use or Facility Off-Street Loading Requirement
Office, hotel or motel 1 space for 20,000 sq.ft. of gross floor area
Personal serv ice and repair not otherw ise listed; 1 space for 20,000-50,000 sq.ft. of gross floor area; and
building material sales; garden material sales;
2 spaces for more than 50,000 sq.ft. gross floor area
retail store not listed (large); automobile and light
v ehicle repair and serv ice, automobile and light
v ehicle sales, rental, or storage; truck or heav y
v ehicle sales, rental, repair, or storage;
w holesaling.
Manufacturing 1 space for 25,000 to 50,000 sq.ft. of gross floor area;
2 spaces for more than 50,000 sq.ft. of gross floor area.
(Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 58 ( UDC 12/21)

50-25 Landscaping and Tree Preservation

50-25 LANDSCAPING AND TREE PRESERVATION.

50-25.1 Applicability.
A. The landscaping provisions of secs. 50-25.2 through 25.4 and 25.7 shall apply to lots and parcels
in any zone district that contain (i) more than 10,000 square feet of lot area, and (ii) a primary s t ruc ture
with a multi-family, mixed use, commercial, institutional, industrial, or parking principal use, when any of
the following conditions occur:
1. A new primary structure is constructed;
2. The floor area in an existing primary structure(s), taken collectively, is increased by more than 25
percent;
3. An existing primary structure is relocated on the lot or parcel;
4. The primary structure is renovated or redeveloped (including but not limited to reconstruction after
fire, flood or other damage), and the value of that renovation or redevelopment, as indicated by
building permits, is 75 percent or more of the pre-application assessor's market value of the
primary structure, as shown in the records of the city assessor;
5. A new parking lot containing 25 or more spaces is constructed or an existing parking lot
containing 25 or more spaces is reconstructed. Parking lots with less than 25 spaces must only
provide the minimum tree canopy coverage as indicated in Section 50-25.4.B.6;
B. In any form district, landscaping shall not be required on the portion of a lot occupied by a
principle structure;
C. The tree preservation provisions of Section 50-25.9 apply to all development or redevelopment on
lots and parcels in any zone district that contain (i) more than 10,000 square feet of lot area, and
(ii) a primary structure with a multi-family, mixed use, commercial, institutional, industrial, or
parking principal use, as well as to any new lot of record created after November 19, 2010,
regardless of the primary use of the property, in any zone district;
D. The landscaping between differing land uses provisions of Section 50-25.5 apply to all
development or redevelopment on lots and parcels when there is a change of use. (Ord. No.
10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 31; Ord. No. 10153, 5-14-2012, § 6; Ord.
No. 10160, 6-25-2012, § 1; Ord. No. 10286, 3-10-2014, § 13.)

50-25.2 General landscaping standards.

A. Landscape plan required.

A landscape plan shall be submitted as a part of all development applications for those activities list ed in
Section 50-25.1.A, unless the land use supervisor determines that compliance with the provisions of
Section 50-25 can be demonstrated without the use of a landscape plan. A landscape plan may be
combined with other required application materials if compliance with Section 50-25 can be demonstrated
in the combined materials;

B. Plant materials.
Plant materials shall be from the city’s approved landscaping plant list as shown in the UDC applic ation
manual. All plant material shall be hardy to Northeast Minnesota, suitable for the site, free of disease and
insects and conform to the American Standard for Nursery Stock of the American Nursery and Landscape
Association;

C. Minimum living materials.

In all areas where landscaping is required, a minimum of 50 percent of the surface area shall be covered
by living materials, rather than bark, gravel or other non-living materials;

Article 4, Page 59 (UDC 12/21)

50-25 Landscaping and Tree Preservation

D. Existing vegetation.
Existing vegetation shall be protected during construction through use of a fence around an area
sufficient to protect the health of the vegetation, and shall be incorporated into the landscape plan
wherever possible;

E. Vegetation grouping.
Landscaping shall generally incorporate large irregular groupings of the same species of shrub, avoiding
rigid or repeated specimen planting except for boulevard trees, and shall introduce multiple varieties
within one general area. Except for plantings used for screening, no one species of t ree or s hrub may
make up more than 50 percent of the total amount of landscape plantings;

F. Soil condition.
All required landscaping shall be planted in uncompacted soil with a minimum depth of two feet;

G. Grading and drainage.

All open areas shall be graded, properly drained and maintained according to stormwat er s tandards in
Section 50-18.1.E;

H. Raingardens and stormwater management features.

Areas included in raingardens or vegetated site features created to meet stormwater management
requirements in Section 50-18.1.E shall be counted towards any required interior site or parking lot
landscaping, and if vegetated to meet the requirements for any landscaped buffers shall c ount t o wards
those buffer requirements;

I. Minimum plant sizes.

Where included as part of the required landscaping, deciduous trees shall have a minimum caliper of 2. 5
inches, coniferous trees shall be a minimum of six feet in height, large shrubs shall be of a minimum five
gallon container size and have a height of at least six feet at maturity, small shrubs shall be of a minimum
five gallon container size and have a height of less than six feet at maturity, and ground cover shall be of
a minimum one gallon container size. The above dimensions apply to sizes at time of planting.
Deciduous trees planted using air pot containers instead of balled and burlap stock may have a minimum
of 2.0 inches;

J. Plant material spacing.

Except for buffer zone provisions of Section 50-25.5, Landscaping between differing land uses, plant
materials shall not be placed closer than four feet from any fence line or property line. Where tree
planting requirements are based on linear street frontage, areas occupied by driveways shall be included
when calculating the number of trees required to be planted, and any trees that would otherwise be
required in driveways shall be planted in other landscaped front yard areas unless prohibited by minimum
spacing requirements for that species as recommended by the American Standard for Nurs ery S toc k of
the American Nursery and Landscape Association. The land use supervisor may authorize adjust ment s
to these spacing requirements when required due to topography, drainage, utilities or obstructions,
provided that the total amount of required landscaping is not reduced;

K. Snow storage areas.

Areas required for snow storage and areas required for landscaping shall not overlap, except t hat s now
may be stored on ground cover landscape areas (e.g., turf) that do not contain required landscape t rees
or other plantings;

Article 4, Page 60 ( UDC 12/21)

50-25 Landscaping and Tree Preservation

L. City right-of-way.
Tree removal or planting in city rights-of-way shall be done only with the approval of the city forester;

M. Protection of site distances;

On any corner lot on which a front and side yard are required, no
wall, fence, structure, sign, or any plant growth that obstructs s ight
lines at elevations between 2.5 feet and six feet above the driving
surface of the adjacent roadway shall be maintained in a triangle
formed by measuring from the point of intersection of the front and
exterior side lot lines a distance of 20 feet along the front and s ide
lot lines and connecting the points so established to form a right
triangle on the area of the lot adjacent to the street intersection;

N. Delay of installation due to season.

Whenever the installation of required landscaping is not possible by
the time construction on the primary structure or primary use
parking lot has been completed, the city may authorize a delay in installation until no later than the
following August 31. As a condition of authorizing a delay in installation, the city may require that a surety
or other guarantee, in a form acceptable to the city, in the estimated amount of such installation be
provided, or the city may issue a temporary certificate of occupancy, with the permanent certificate of
occupancy to be issued following installation of all required landscaping;

O. Flexibility for redevelopment.

Where the requirements of this Section 50-25 apply to a redevelopment or reconstruction project , rat her
than a new development, the land use supervisor may authorize a reduction of minimum off-street
parking requirements established in Section 50-24 by up to ten percent if required to accommodate street
frontage landscaping required by Section 50-25.3 or parking area landscaping required by Section 50-
25.4. (Ord. No. 10044, 8 16 2010, § 6; Ord. No. 10096, 7 18 2011, § 32; Ord. No. 10153, 5 14 2012, § 7.)

P. Protection of required landscaping.

Maintenance of landscaping required by this chapter, or landscape areas shown on s ite plans submit ted
as part of a zoning permit or building permit approval, is the ongoing responsibility of the propert y owner
and his or her successors. Trees and vegetation that have died must be replaced.
Trees required by this section that are placed within 5 feet of a driving or parking surface shall be plac ed
behind a raised curb, or planter, or similar physical barrier or obstacle to protect the tree trunks from
interference by vehicles or snow removal operations. Curb openings for sidewalks or for drainage t o t he
landscape areas are allowed.
Tree soil shall have a minimum depth of 2 feet and shall not contain different soil layers. The soil may not
have any herbicides, heavy metals, biological toxins, or hydrocarbons that will impact plant growth o r are
at levels exceeding the EPA’s standards for soil contaminants. No stones or particles greater than 1 inc h
in the longest dimension are permitted. This includes fragments of brick, concrete, wood, glass, metal,
stone and plastic. (Ord. No. 10459, 7-11-2016, §1; Ord. No. 10670, 12-9-2019, §1)

Article 4, Page 61 (UDC 12/21)

50-25 Landscaping and Tree Preservation

50-25.3 Street frontage landscaping.

The street frontage of the property shall meet the following landscaping requirements.
A. Minimum average depth: See Table 50-25-1. An average depth allows the width of the
landscape area to vary in size along different portions of the property to respond to varying site conditions
and allow design flexibility;

Table 50-25-1: Average Depths of

Street Frontage Landscaping Required
Context Average Depth Required
Lots w ith no required front setback, Exempt
and w here the primary building
abuts the front lot line
Lots w ith less than 10,000 sq. ft. or Exempt
lot area
Lots w ith 10,000 to 20,000 sq. ft. of 5 ft. along all street frontages
lot area
Lot over 20,000 sq. ft. of lot area 15 ft. in front street yards
10 ft. in side street yards
5 ft. on rear lot lines of double frontage lots

B. Required trees: One tree per 35 feet of linear

frontage, planted (a) in alignment with any similar
street frontage landscaping on adjacent lots, or if t hat
is not possible or adjacent lots do not contain front
yard landscaping then (b) as close to the public right -
of-way as the city engineer will permit;
C. Required shrubs: one large shrub per 25 feet
of linear frontage;
D. On lots adjacent to city-maintained
boulevards, landscaping in the boulevards may be
credited towards the landscaping requirements of this
Section 50-25.3. (Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10096, 7-18-2011, § 33.)

Figure 50-25.4-A: Parking lot screening from

public right-of-w ay

50-25.4 Parking lot landscaping.

Accessory and primary use parking lots shall provide the following amounts and types of landscaping
unless alternative standards for specific situations are required pursuant to Section 50-26, Screening,
walls and fences, or Section 50-30, Design standards. In any case where landscaping required by t his
Section 50-25.4 overlaps areas required to be landscaped by any other provision of this S ec tion 50-25,
the provisions of the section requiring more planting shall apply.
A. Perimeter screening from public streets.
1. Minimum width: five feet;
2. Required trees: one tree per 35 feet of linear frontage;
3. Required shrubs: three large shrubs per 25 feet of linear frontage, or if a berm or an opaque
fence or wall at least three feet tall is erected, three small shrubs per 25 feet of linear frontage;

Article 4, Page 62 ( UDC 12/21)

50-25 Landscaping and Tree Preservation

B. Interior landscaping requirements.

Except as provided in this Section, parking lots shall provide the following landscaping internal to the
parking lot:
1. Minimum area: 15 percent of the interior parking lot area (excluding any perimeter areas required
to be landscaped by sections 50-25.3, 50-25.4.A or B, or 50-25.5) for parking lots with more than
50 spaces, or ten percent of the interior parking lot area for parking lots between 25 and 50
spaces;
2. Location: Internal landscape areas shall be dispersed on the site to break up the perception of
large uninterrupted expanse of pavement (see Figure 50-25.4-B);
3. Required trees: One tree per 300 square feet of internal landscape area. Tree species shall be
chosen so that, combined with trees planted under subsections A. and B. above, parking lots will
have a minimum tree canopy coverage of 30 percent at maturity;
4. Landscape areas shall be a minimum of eight feet in width (See Figure 50-25.4-C);
5. Curbing: Internal landscape areas shall be curbed for protection of the landscape materials, but
planted areas shall be installed at a lower grade than the parking lot pavement, and curbing shall
allow drainage from the pavement to enter and percolate through the landscaped areas;
6. Parking areas with less than 25 spaces are exempt from the provisions of 1 though 5 of this
subsection, but must provide a minimum tree canopy of 30 percent at maturity. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 34.)

Figure 50-25.4-B: Required interior Figure 50-25.4-C: Minim um w idth of

parking lot landscape areas interior parking lot landscape areas

50-25.5 Landscaping between differing land uses.

In addition to landscaping required by sections 50-25.3 and 50-25.4, buffer areas are required to be
landscaped when specific types of differing land uses occur adjacent to each other. These standards do
not apply when the listed types of adjacencies occur within mixed use or form districts, but do apply
where the boundaries of a mixed use or form district are adjacent to a residential or special purpose zone
district. In any case where landscaping required by this Section 50-25.5 overlaps areas required t o be
landscaped by any other provision of this Section 50-25, the provisions of the section requiring more
planting shall apply. These requirements only apply at the time of development or redevelopment (i. e. ,
later development of an abutting land use will not result in an existing development being required to
install buffer landscaping).

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50-25 Landscaping and Tree Preservation

A. Multi-family residential abutting single-family residential.

Where a multi-family residential building or project with more than eight units abuts (a) a lot in t he RC,
RR-1, RR-2 or R-1 zone district, or (b) a lot in the R-2 district that is developed with a one-family us e, a
landscape buffer shall be provided using either Option A or B below.
1. Option A.
A landscape buffer area at least ten feet wide shall be provided by the multi-family project on the
shared border. The buffer area shall consist of natural landscape materials such as lawn, ground
cover, shrubs and trees, and shall not contain impervious materials. One tree shall be provided
for every 35 feet of boundary lot line and three large shrubs per 25 feet of boundary lot line, with
spacing designed to minimize sound, light, and noise impacts on single-family residential homes;
2. Option B.
An opaque wall, berm, fence or dense (at least 50 percent opacity) vegetative screen at least six
feet tall shall be provided. If a fence or wall is provided, the side facing away from the multi-family
use shall be at least as finished in appearance as the side facing the multi-family use, and three
small shrubs per 25 feet of boundary lot line shall be provided. If a vegetative screen is
proposed, it shall be at least six feet in height at the time of planting;
B. Commercial or institutional abutting residential.
Where a commercial, public, institutional or civic building or project abuts lots in a resident ial dis trict , a
landscape buffer shall be provided using either Option A or B below.
1. Option A.
A landscape buffer at least 15 feet wide shall be provided by the commercial or institutional
project on the shared border. The buffer area shall consist of natural landscape materials such
as lawn, ground cover, shrubs, and trees, and shall not contain impervious materials. One tree
shall be provided for every 35 feet of boundary lot line and large three shrubs per 25 feet of
shared lot line, with spacing designed to minimize sound, light, and noise impacts on the
residential use;
2. Option B.
An opaque wall, berm, fence or dense (at least 75 percent opacity) vegetative screen at least six
feet shall be provided. If a fence or wall is provided, the side facing away from the commercial or
institutional use shall be at least as finished in appearance as the side facing the commercial or
institutional use, and three small shrubs per 25 feet of boundary lot line shall be provided. If a
vegetative screen is proposed, it shall be at least six feet in height at the time of planting;
C. Industrial abutting residential.
Where an industrial building or project abuts lots in a residential district or lots used for any use listed as a
residential use in Table 50-19.8, a landscape buffer shall be provided using either Option A or B below.
1. Option A.
A landscape buffer at least 15 feet wide shall be provided by the industrial project on the shared
border. The buffer area shall consist of natural landscape materials such as lawn, ground cover,
shrubs and trees, and shall not contain impervious materials. One tree shall be provided for
every 25 feet of boundary lot line and four large shrubs per 25 feet of boundary lot line, with
spacing designed to minimize sound, light and noise impacts on residential uses;
2. Option B.
An opaque wall, berm, fence or dense (100 percent opacity) vegetative screen at least eight feet
tall shall be provided. If a fence or wall is provided, the side facing away from the industrial use
shall be at least as finished in appearance as the side facing the industrial use, and three small
shrubs per 25 feet of boundary lot line shall be provided. If a vegetative screen is proposed, it
shall be at least eight feet tall at the time of planting;

Article 4, Page 64 ( UDC 12/21)

50-25 Landscaping and Tree Preservation

D. Industrial abutting commercial or institutional.

Where an industrial building or project abuts lots that are used or zoned for commercial, ins titut ional or
mixed use purposes, a landscape buffer shall be provided by using either Option A or B below.
1. Option A.
A landscape buffer at least ten feet wide shall be provided by the industrial project on the shared
border. The buffer area shall consist of natural landscape materials such as lawn, ground cover,
shrubs and trees, and shall not contain impervious materials. One tree shall be provided for
every 40 feet of boundary lot line and large four shrubs per 20 feet of boundary lot line, with
spacing designed to minimize sound, light and noise impacts on commercial or institutional uses;
2. Option B.
An opaque wall, berm, fence or dense (50 percent opacity) vegetative screen shall be provided
with a minimum height of six feet. If a fence or wall is provided, the side facing away from the
industrial use shall be at least as finished in appearance as the side facing the industrial use, and
three small shrubs per 25 feet of boundary lot line shall be provided. If a vegetative screen is
proposed, it shall be at least six feet tall at the time of planting. (Ord. No. 10044, 8-16-2010, § 6.)

50-25.6 Landscaping credit to preserve existing trees.

Landowners who preserve mature, non-diseased trees as part of a development project may obtain
credits toward the required landscaping. Trees intended to be preserved shall be indicated on the
landscaping plan and shall be protected during construction through use of a fence around the critical root
radius. To obtain credit, the preserved trees shall be of a high quality and at least five inches diameter at
breast height (DBH) in size. Trees located in any portion of the site protected from development or
protected in its natural state as part of a zoning permit, approval or agreement shall not be eligible for
credit against required landscaping on the remainder of the site. The credit for preserved trees s hall be
as shown in Table 50-25-2. Any preserved trees for which credit is given, and that are lost to damage or
disease within two years after the credit is awarded shall be replaced by the land owner with trees
otherwise required. The total amount of tree credits cannot exceed 50 percent of the required tree
landscaping requirement. The entity receiving credit shall file with the city a certificat e from a fores t er,
arborist or landscape architect that states this Section has been complied with.
TABLE 50-25-2: Tree Preservation Credits
DBH of Preserved Tree (in in.) Numbers of Trees Credited
Over 12 in. 3
8 in. to 11.9 in. 2
5 in. to 7.9 in. 1

(Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 65 (UDC 12/21)

50-25 Landscaping and Tree Preservation

50-25.7 Special landscaping provisions in Canal Park area.

In Canal Park as shown in Exhibit 50-25.7-1:
A. All open areas of a lot not covered by buildings, sidewalks, required parking areas, drives,
courtyards or accessory structures shall be landscaped with a combination of trees, shrubs, flowers and
ground covers;
B. Landscape design introducing a nautical character in features such as decorative walks, statuary,
bollards, fountains, wood decks and terraced areas are encouraged.

(Ord. No. 10044, 8-16-2010, § 6.)

50-25.8 Alternative landscaping.

Where compliance with the specific requirements of Section 50-25 is not possible as a res ult of unique
site conditions abutting or surrounding a proposed site, an owner may propose alt ernatives c ons is tent
with the goals of Section 50-25. The land use supervisor may approve an alternative proposal where an
applicant can demonstrate that the alternative proposal achieves required landscaping to the same
degree, or better than, the provisions of Section 50-25. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10153,
5-14-2012, § 8.)

Article 4, Page 66 ( UDC 12/21)

50-25 Landscaping and Tree Preservation

50-25.9 Tree preservation requirements.

A. Purpose.
The city recognizes that trees provide numerous benefits and services to city residents, including
increased property values reduced stormwater runoff and soil erosion with associated cost savings, noise
buffering, aesthetic value, reduced energy costs from shade in summer and windbreaks in winter, and
removal of greenhouse gases and other pollutants from the air. The city seeks to maintain the tree cover
that protects the city’s water quality and gives the city its character, while recognizing the need to remove
some trees for development, safety, view preservation and other purposes;

B. Tree replacement.
1. Exemptions.
The following activities are not subject to the tree replacement requirement in this Section 50-25.9:
(a) Forest management activities that maintain pre-existing tree canopy cover, such as minor
thinning that eliminates no more than 25 percent of the canopy;
(b) Forestry activities that disturb the canopy are exempt if covered by a current forest
management plan approved by the city forester;
(c) Removal of trees that are an obstruction to traffic or power lines or other utilities;
(d) Removal of trees necessary for rescue in an emergency or for clean-up after a natural
disaster;
(e) Removal of public trees deemed hazardous by the city forester;
(f) Removal of trees that are airport hazards;
(g) Removal and trimming of trees along Skyline Parkway to preserve views from
established or historic overlooks and viewpoints, with approval by the city forester;
(h) Installation or replacement of city streets or utilities;
2. Replacement required.
(a) Tree replacement shall be required pursuant to Table 50-25-3;

Table 50-25-3: Tree Replacement Required

Replacement Standards
Replacement Ratio
% DBH to be If Replacing With If Replacing with
Tree Type Removal Threshold Replaced Special Trees Trees of Interest
Special Tree Prohibited unless If approval
20 inch DBH approved pursuant to received, 60% of
or greater subsection (b) below DBH removed to be
replaced
Special Trees 1 inch DBH per 1.5 1 inch DBH per 1 inch
40% of DBH
Betw een 8 inch of DBH required of DBH required to be
10 or more removed to be
and 20 inch to be replaced replaced
replaced
DBH
Trees of 20% of DBH
Interest 20 or more removed to be
replaced

(b) Removal of special tree species 20 inches diameter at breast height (DBH) or great er is
prohibited unless any of the following applies:
(i) The city forester determines that the tree is dead, dying, diseased or a
threat to public health or safety;
(ii) The city engineer determines that the tree interferes with the provis ion
of public services or is a hazard to traffic;
(iii) The land use supervisor determines that the location of the tree is
preventing development or redevelopment that cannot be physically
designed to protect the tree;

Article 4, Page 67 (UDC 12/21)

50-25 Landscaping and Tree Preservation

(c) When ten or more replacement trees are required, not more than 30 percent shall be t he
same species without approval from the city forester;
(d) Replacement trees provided pursuant to this Section 50-25.9 shall count towards
landscaping required under other portions of this Section 50-25.9 if they meet t he s ize,
type and location standards for the type of landscaping required;
(e) Replacement trees shall be considered significant trees in any future t ree replac ement
plan;
(f) If any part of the property is permanently protected from development by a conservat ion
easement or by transfer to a city park or other natural area or a private conservation
organization, the combined diameter of the protected trees that meet the size
requirement for a significant tree will count toward the replacement requirement;
(g) With the approval of the appropriate city staff (land use supervisor or city forester),
developers should have the option of meeting the tree replacement requirements by
putting equivalent funds into a dedicated city tree account. The amount of funds s hould
be calculated based on the cost to the city of hiring contractors t o plant the number of
required replacement trees;
3. Calculation.
(a) If you meet the removal threshold:

________ x % = replacement requirement

Inches removed(DBH) % DBH in inches

(b) If replacing with special trees:

Replacement requirement ÷ 1.5 = Total inches required

(c) If replacing with other trees:

Replacement requirement = Total inches required;
4. Example.
Step 1: Removal of twelve 10-inch special trees = Total of 120 in. DBH
Step 2: 120 inch DBH x 40% = 48 inch replacement requirement
Step 3: If replacing with special tree species: 48 inch ÷ 1.5 = 32 inch total inches required t o be
planted;

5. Tree replacement plans.

Where this replacement requirement applies, the applicant shall submit a tree replacement plan
prepared and certified by a certified forester, arborist or landscape architect. The tree replac ement
plan shall be part of and integrated with the landscaping plan for the site. No replacement shall occur
until the city forester has approved the tree replacement plan, and all replacement shall be consistent
with that approved plan. The plan shall meet all applicable requirements in the UDC application
manual;

6. Calculation for developments exceeding five acres.

For development of forested acres over five acres, with the approval of the appropriate city staff, t he
total diameter of trees removed should be able to be estimated based on measuring the diameter of
trees in representative sample plots. The plots should be scattered throughout the area to be cleared
and should cover no less than ten percent of the entire area. All special tree species in the forest
must be measured. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 35, Ord. No.
10670, 12-9-19, §2)

Article 4, Page 68 ( UDC 12/21)

50-26 Screening, Walls, and Fences

50-26 SCREENING, WALLS, AND FENCES.

50-26.1 Screening of mechanical equipment.

A. Applicability.
The standards of this Section shall apply to all of the following uses that contain a primary structure in all
zones, except I-G and I-W: a multi-family, mixed use, commercial, institutional, industrial, or parking
principle use, when any of the following conditions occur:
1. A new primary structure is constructed;
2. The floor area in an existing primary structure(s), taken collectively, is increased by more than 25
percent;
3. An existing primary structure is relocated on the lot or parcel;
4. The primary structure is renovated or redeveloped (including but not limited to reconstruction after
fire, flood or other damage), and the value of that renovation or redevelopment, as indicated by
building permits, is 25 percent or more of the pre-application assessor's market value of the
primary structure, as shown in the records of the city assessor.

The standards of this Section shall not apply if the only feasible location for mechanical screening would
impede the functioning of solar, wind or geothermal energy equipment or systems if s uc h sy stems are
otherwise in compliance with applicable building codes and zoning requirements;

B. Screening standards.
The following exterior mechanical features shall be screened: (i) electrical and gas-powered mechanical
equipment and power systems equipment; (ii) heating, ventilating and air conditioning equipment
ductwork, and lines; and (iii) power systems equipment. Roof or wall-mounted antennas and vent
openings shall not be considered mechanical equipment for purposes of these screening standards.

1. Roof-mounted mechanical equipment.

Roof- mounted mechanical equipment shall be screened by a parapet wall or similar feature t hat
is an integral part of the building’s architectural design. The parapet wall or similar feat ure s hall
be sufficient to screen the mechanical equipment from ground view of a person on the other s ide
of the public right-of-way on which the structure fronts, as illustrated in Figure 50-26.1-A;
mechanical equipment
screening

view

lot public right-of-way

Figure 50-26.1-A: Screening for roof-m ounted m echanical equipm ent

2. Ground-mounted mechanical equipment.

Ground-mounted mechanical equipment shall be screened from view from ground view of
adjoining properties and public right-of-way by landscaping or by a decorative wall that
incorporates at least one of the primary materials and colors of the nearest wall of the primary
structure. The wall shall be of a height equal to or greater than the height of the mechanical
equipment being screened. If landscaping is used for screening, the screening material shall be

Article 4, Page 69 (UDC 12/21)

50-26 Screening, Walls, and Fences

designed to provide 75 percent opacity one year after planting along the full required height and
length of the screening buffer. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, §
36; Ord. No. 10153, 5-14-2012, § 9, Ord. No. 10562, 4-9-18, § 1; Ord. No. 10562, 4-9-2018, § 1)

50-26.2 Screening of service and off-street loading areas.

A. Applicability.
These standards shall apply to all service areas and off-street loading areas on all properites c ontaining
multi-family dwellings, commercial, institutional, industrial or mixed uses, except those located in t he I-G
and I-W districts.
B. Screening.
Service and off-street loading areas shall be designed and located to reduce the visual and acoustic
impacts of these functions on adjacent properties and public streets. Non-enclosed service and off-street
loading areas shall be screened with durable, sight-obscuring walls, fences, and/or dense indigenous
evergreen planting of between six and eight feet in height. Screening materials shall be the same as , or
of equal quality to, the materials used for the primary building and landscaping. (Ord. No. 10044,
8-16-2010, § 6.)

50-26.3 Screening and location of commercial containers.

A. Applicability and exemptions.

1. Except as noted in subsection 2 below, these standards shall apply to all exterior commercial
containers, including without limitation garbage dumpsters, grease/oil tanks and cardboard
compactors, on all properties containing multi-family dwelling, commercial, institutional, industrial
or mixed uses;
2. These standards shall not apply to the following:
(a) Commercial containers located in the I-G and I-W districts;
(b) Commercial containers located behind a building and not visible from a pub lic s treet or
adjoining single-family, multi-family, mixed use or public property;
(c) The temporary purpose of disposing of waste generated during the time of an active
building permit, or 180 days,
whichever is shorter, for the
demolition or construction of
improvements on the property upon
which the commercial container is
located;
(d) A commercial container placed by or
upon written authority of the cit y on a
temporary basis;

Figure 50-26.2-A: Loading area screening

Article 4, Page 70 ( UDC 12/21)

50-26 Screening, Walls, and Fences

B. Location.
Commercial containers shall not be placed in any of the following:
1. Any required front yard area or any side yard area adjacent to a public street right-of-way;
2. Any fire lane;
3. Any required off-street parking space;
4. Any location that blocks vehicular or pedestrian traffic;
5. Any location that obstructs drivers’ sight lines at intersection of streets and driveways;
6. Any location that may interfere with utilities;
C. Screening of commercial containers.
1. Not adjacent to structure wall.
Commercial containers that are not located adjacent to a wall of an existing principal or accessory
structure shall be screened from view as follows:
(a) On three sides with a wall constructed of masonry, brick, wood, stone, or similar material
and at least as tall as the container being screened;
(b) On the fourth side a gate constructed of wood or metal and at least as tall as the
container being screened;
2. Adjacent to structure wall.
Commercial containers that are located adjacent to a wall of an existing principal or accessory
structure shall be screened from view as follows:
(a) On two sides with a wall that is (1) constructed of the same principal materials and colors
used on the wall of the principal or
accessory building that forms the t hird
wall of the enclosure, and (2) at least as
tall as the container being screened;
and (3) in compliance with applicable
fire and building codes;
(b) On the fourth side a gate constructed of
wood or metal and at least as tall as the
container being screened. (Ord. No.
10044, 8-16-2010, § 6.)

Figure 50-26.3-A: Dum pster screening

Article 4, Page 71 (UDC 12/21)

50-26 Screening, Walls, and Fences

50-26.4 Fences and walls.

Unless otherwise expressly provided for in this Chapter, or unless expressly provided for in c onjunc t ion
with the approval of a special use permit, fences and walls shall comply with the following general
standards:
A. Fence/wall standards
1. General front yard standards.
(a) No fence or wall located between the principal structure on a lot and the front property
line shall exceed four feet in height. If a fence is constructed with an ornamental
material, such as wrought iron, a six foot high fence may be allowed with an approved
zoning permit provided that the fence is at least 50 percent open or transparent;
(b) Chain link fences, fences that are electrically charged, fences constructed of barbed or
razor wire and fences constructed of temporary plastic fencing (snow fences) are
prohibited. A durable, vinyl-coated, chain link fence, no more than four feet tall, may be
allowed with an approved zoning permit;
(c) Prohibitions on electrically charged fences shall not apply to fences used to protect
gardens and landscaping on residential lots. Prohibitions on elec trically charged fenc es
and fences constructed of barbed or razor wire shall not apply to fences used to enclose
livestock on bona fide farms and those serving a public or quasi-public institution for
public safety or security purposes;
2. General side and rear yard standards.
Fences that are electrically charged, and those constructed of barbed or razor wire shall be
prohibited.
a) This prohibition shall not apply to electrically charged fences used to protect gardens and
landscaping on residential lots;
b) This prohibition shall not apply to fences used to enclose livestock on bona fide farms
and those serving a public or quasi-public institution for public safety or security
purposes;
3. Residential zone districts.
The maximum height of a fence or wall within required side and rear yard area is eight feet. The
maximum height for fences and walls for entry gates at the residential subdivision entranc e shall be
eight feet;
4. Mixed use and special purpose zone districts.
The maximum height of a fence or wall within required side and rear yard area is eight feet , but t he
land use supervisor may approve a fence or wall up to 12 feet in height where additional height is
needed to provide adequate security because of topography or the nature of the material or
equipment stored in the area;
5. Form districts.
The maximum height of a fence or wall within required
side and rear yard area is eight feet, but the land use
supervisor may approve a fence or wall up to 12 feet in
height where additional height is to provide adequate
security because of topography or the nature of the
material or equipment stored in the area. Fenc es and
walls are not permitted in required front yard areas,
except for wrought iron fences used to enclose outdoor
patio or dining areas, in which case the maximum
height of the fence shall be three feet;

Figure 50-26.4-A: Form district front setback w all

height

Article 4, Page 72 ( UDC 12/21)

50-26 Screening, Walls, and Fences

6. Vacant property.
As an exception to other fence height limits, vacant property may be fenced with chain -link fenc ing
not to exceed six feet in height when the purpose of such fencing is to prevent unauthorized dumping
or soil disturbance that results in fugitive dust or nuisance conditions. Such fencing of vacant
property shall not be construed to allow use of the property for outdoor storage;
7. Permit required.
No fence shall be constructed in dedicated rights of way without a concurrent use permit. Any fenc e
that exceeds four feet in height is required to have an approved zoning permit prior to construction;
8. Finished Side
All fences and walls shall be installed with the finished side facing out, so that posts and lateral
supports are not on the side of the fence or wall which faces an adjacent property or public right -of-
way, unless such supporting members are exposed on both sides due to the specific des ign of t he
fence or wall;

B. Retaining walls standards.

1. Applicability.
The requirements of this Section apply to construction of new retaining walls in all districts, except for
(a) retaining walls on proper-ties containing only one-family and two-family dwellings, and (b)
retaining walls that will not be visible from neighboring sites or from a public street frontage;
2. Design standards.
All retaining walls shall comply with the following standards:
(a) Retaining walls more than six feet tall shall be terraced to minimize visual impacts on
residents, neighboring properties and the public realm;
(b) Terracing shall be limited to three tiers;
(c) A terrace at least four feet wide, with a
maximum slope of 3:1, shall be provided
between each tier to create pockets for
landscaping. Reduced terrace depths
may be administratively approved by the
building official where site constraints limit
the amount of space available to
accommodate the minimum required
width;
(d) Terraces between retaining wall tiers shall
be vegetated with permanent landscaping
to screen retaining walls and provide
visual interest unless soil conditions are
determined by a licensed engineer to be
unsuitable due to geologic hazards; Figure 50-26.4-B: Retaining w all terracing and
(e) Retaining walls shall be stacked natural articulation
stone or faced with stone or earth-colored
materials, textured and colored Mechanically Stabilized Earth (MSE) blocks or other
material compatible with the primary building materials;
(f) Retaining walls constructed of railroad ties, timber and gabion-type materials are not
allowed;

C. Materials.
No fence, wall or retaining wall shall be constructed of scrap or waste materials unless t hos e materials
have been recycled, or reprocessed into building materials for sale to the public. No sign may be pos t ed
on any fence, wall or retaining wall except for a property identification/management sign not ex ceeding
one square foot in size. (Ord. No. 10041, 8-16-2010, § 6; Ord. No. 10044, 8-16-2010, § 6; Ord. No.
10096, 7-18-2011, § 37; Ord. No. 10153, 5-14-2012, § 10; Ord. No. 10414, 10-12-2015, § 4; Ord. No.
10562, 4-9-2018, § 1)

Article 4, Page 73 (UDC 12/21)

50-26 Screening, Walls, and Fences

50-26.5 Alternative screening.

Where compliance with the specific requirements of Section 50-26 is not possible as a res ult of unique
site conditions abutting or surrounding a proposed site, an owner may propose alt ernatives c ons is tent
with the goals of Section 50-26. The land use supervisor may approve an alternative proposal where an
applicant can demonstrate that the alternative proposal achieves required landscaping to the same
degree, or better than, the provisions of Section 50-26. (Ord. No. 10153, 5-14-2012, § 11.)

Article 4, Page 74 ( UDC 12/21)

50-27 SIgns

50-27 SIGNS.

50-27.1 Permit required.

A. All signs that require a permit, as described in Section 50-27.7, must obtain a z oning permit as
described in Section 50-37.13 (Zoning permit) of this Unified Development Chapter;
B. When submitting a zoning permit application for a sign, the applicant must submit phot ographs
and dimensions of all signs existing on the lot, including all signs that will be removed. The c it y
may request that the applicant submit photographs of all new signs erected on the lot after permit
issuance;
C. The applicant must sign the zoning permit application attesting to the accuracy of the information
provided. The city may revoke any sign permit where there has been a violation of the provisions
of this section or misrepresentation of fact on the zoning permit application;
D. All freestanding signs over seven feet in height must submit construction plans prepared by a
design professional licensed in Minnesota that comply with the requirement s of t he Minnesot a
State Building Code. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10047, 8-30-2010, § 1; Ord. No.
10204, 3-11-2013, § 1; cited only by Ord. No. 10222, 5-13-2013, § 1; Ord. No. 10338,
11-24-2014, § 1.)

50-27.2 Enforcement.
A. No sign permit shall be required for the types of signs shown in Table 50-27-1, but each such
sign shall be required to comply with the provisions of this Section 50-27. A ny s ign placed on
public property or within a public right-of-way or public easement without authorization or wit hout
a required sign permit can be removed without notice. Such signs will be held by the c ity for 30
days. The owner of the sign may reclaim the sign within such period, subject to any fines
imposed by the city. If not reclaimed, the city may destroy the sign following expiration of t he 30
day period;
B. If a sign is constructed illegally, either without a required permit or in violation of t his s ec tion or
previous sign regulations, the city may serve notice to the property owner that such sign must be
removed or the violation corrected within 30 days. If the sign is not removed or the violation
corrected within the 30 day period, the city may remove the sign at the property owner’s expense.
An extension of this 30 day period may be granted per Section 50-37.1.O (Appeals) of this
Chapter, and must be applied for prior to expiration of the initial 30 day period. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10204, 3/11/2013, § 1; cited only by Ord. No. 10222, 5-13-2013, § 1.)

50-27.3 Design and construction standards.

All signs constructed, erected, modified or altered must comply with the provisions of this Section and the
requirements of the City Code.

A. Prohibited sign location.

1. No sign may be erected in a location that violates the Minnesota State Building Code, Minnes ota
State Fire Code or other regulations;
2. No sign, other than that placed by agencies of government or a sign whose placement is
authorized by this Section or the city, may be erected in the public right-of-way or on public
property;
3. Signs located on public right-of-ways or on/in public or private skywalks must comply with
Chapter 44A of the City Charter;
4. No sign may be erected on private property without prior consent of the property owner;
5. No sign may be erected in violation of the view obstruction provisions of Section 50-25.2.M
(Protection of site distance) with the exception of a freestanding pole sign, if permitted in the
district, with a diameter no greater than one foot and where the sign face is mounted a minimum
of eight feet above grade. No sign can be erected that obstructs free and clear vision of any
street, intersection, parking lot ingress or egress, or driveway;
6. No sign may be erected in a manner that obstructs access to fire escapes, any ingress or egress,

Article 4, Page 75 (UDC 12/21)

50-27 Signs

or standpipes;
7. No sign may be erected on the exterior of a building to cover any windows or doors;
8. Signs on lots adjacent to state or county highways shall conform to the respective set bac ks and
other standards of the state and county highway departments;
9. Freestanding monument signs shall not be located closer than three feet from the lot line;
10. The supporting pole of a freestanding pole sign shall be setback from the lot line a minimum of
three feet, but the sign itself may be up to the lot line. No part of a freestanding pole s ign may
encroach on a public right-of-way;

B. Sign dimension measurement methodology.

1. General measurement of sign area. Sign area
is measured as follows:
(a) For signs on a background, the entire
area of the framework or background
of the sign is calculated as sign area,
including any material or color forming
the sign face or background used to
differentiate the sign from the structure
against which it is placed. Sign area
does not include any supports or
bracing, unless such framework or
bracing is part of the message or s ign
face;
(b) For signs consisting of freestanding
letters or logos, the sign area is
calculated as the total area of each
square, circle, rectangle or triangle, or
combination thereof, that encompasses
each individual letter or logo. Sign
area does not include any supporting
framework or bracing, unless such
framework or bracing is part of the
message or sign face;
(c) For awning and canopy signs, the sign
area is the printed area of the awning
or canopy, calculated as the total area
of each square, circle, rectangle or
triangle, or combination thereof, that
encompasses each individual letter or
logo;
(d) Window signs printed on a transparent
film and affixed to the interior or
exterior of a windowpane are
calculated as individual letters or logos,
provided that the portion of the
transparent film around the perimeter
of the individual letters or logos
maintains 100 percent transparency of
the window. Transparency is defined
as both the ability to view into the
interior of the establishment from the
outside and to view the outside from
the interior of the establishment
through the same area;
(e) The sign area of a three-dimensional,

Article 4, Page 76 ( UDC 12/21)

50-27 SIgns

free-form or sculptural (non-planar) sign is calculated as 50 percent of the sum of the

area of the four vertical sides of the smallest cube that will encompass the sign;
(f) If a sign has two or more faces, the area of all faces is included in determining the area of
the sign, unless the two sign faces are placed back-to-back and are no more t han t wo
feet apart. In such case, the sign area is calculated as the area of one fac e. If t he t wo
faces are unequal in area, the area of the larger face is used to calculate sign area;
(g) Necessary supports or uprights on which the sign is erected are not included in t he s ign
area computation.
2. General measurement of sign height.
(a) Pole sign height is measured from the grade to the uppermost point of the sign. Grade is
established by the elevation of the back of curb or, if no curb exists, from the edge of
pavement at the center of the abutting street frontage where the sign will be erected. The
pole sign height may also be measured from the natural slope of the lot where the sign
will be erected;
(b) Monument sign height is measured from the existing lowest point of the ground where the
monument sign is to be installed to the uppermost point of a sign;

C. Construction standards.
1. Supports and braces must be designed as an
integral part of the overall sign design and hidden
from public view to the extent technically feasible;
2. All signs attached to a building must be installed
and maintained so that wall penetrations are
watertight and the structure does not exceed
allowable stresses of supporting materials;
3. All signs must be designed and constructed in
accordance with Minnesota State Building and Fire
codes. Marquee structures must be approved by
the city engineer and building safety department;
4. Glass forming any part of a sign must be safety
glass;
5. All letters, figures, characters or representations in
cut-out or irregular form, maintained in conjunction
with, attached to or superimposed upon any sign
must be safely and securely built into or attached to
the sign structure;
6. Audio components are prohibited on any sign, with the exception of menuboards;
7. Any form of pyrotechnics is prohibited;

D. Electrical wiring.
1. All electrical fixtures, devices, circuits, conduits, raceways or apparatus used to illuminate, move
or project any sign must be installed and maintained in accordance with Minnesota State Building
Code, including the National Electrical Code. Electrical permits are required for sign ins t allat ion
in accordance with the Minnesota State Building Code;
2. Conduits and other components of a sign illumination system must be designed as an int egral
part of the overall sign structure and hidden from public view to the extent technically feasible;

E. Permit identification.
Every sign must include an identification of the permit number and name of sign installer either painted on
the sign or by the application of a metallic sticker. The information must be visible from the ground wit h
the exception of signs mounted seven or more feet above grade;

Article 4, Page 77 (UDC 12/21)

50-27 Signs

F. Required landscaping.
All freestanding signs, except in lots zoned I-G and I-W, must be landscaped at the bas e of t he s ign in
accordance with the following:
1. Freestanding signs must be landscaped with
small shrubs a minimum of 18 inches in height at
planting, spaced appropriately based on mature
height and spread to provide continuous
screening of sign base once shrubs have reached
maturity. The remainder of the landscape area
must be planted with perennials, turf or other live
groundcover;
2. Landscape must extend a minimum of two feet
from the sign base on all sides. If this two foot
area extends into the right-of-way, landscape is
not required within the right-of-way area. All
landscape must be maintained in good condition,
and free and clear of rubbish and weeds.
Landscape around the base of a sign is inc luded
in the total amount of landscape required on a
site, if applicable;
3. There is no requirement regarding the mature
height of landscape, though landscape must be
tailored to the scale of the sign. Landscape may
be trimmed and maintained along the sign base
to maintain visibility of the sign face;
4. When a monument sign is designed as a single
structure where the pediment is constructed of
similar or complimentary materials as the sign,
and no structural elements that are not related t o
such overall design of the sign are visible, no
landscape is required;

G. Required sign maintenance.

1. All signs must be maintained in a safe, neat and
orderly condition and appearance, and must be
repainted or otherwise maintained by the property
owner to prevent corrosion or deterioration
caused by the weather, age or any other condition;
2. All signs must be maintained to prevent any kind of safety hazard, including faulty sign structures,
a fire hazard or an electrical shock hazard;
3. All unused sign hardware or wiring that is visible from the right-of-way must be removed;
4. If a sign is maintained in an unsafe or insecure condition, the city will give writ t en not ice t o t he
property owner. If property owner fails to remove or alter the structure to comply with the
standards of this Section, the sign may be removed by city at the expense of the property owner.
The city may remove any sign that is an immediate peril to persons or propert y s ummarily and
without notice;

H. Noncommercial messages.
A noncommercial message may be substituted for a commercial message on any sign permitted by this
Section.

Article 4, Page 78 ( UDC 12/21)

50-27 SIgns

I. Permit identification.
All architectural signs on a structure announcing the original or historic name of the building, year of
construction, or insignias must be maintained, and cannot be removed, altered, or covered. Such signs
are not calculated as part of any sign area or maximum number of signs permitted by this Section.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10047, 8-30-2010, § 2; Ord. No. 10204, 3-11-2013, § 1; cited
only by Ord. No. 10222, 5-13-2013, § 1.)

50-27.4 Illumination standards.

The following illumination standards apply to on-premises signs. Illumination of billboards (off-premis es )
are regulated separately in Section 50-27.7. Additional illumination requirements for electronic message
signs are found in Section 50-27.7.
A. Any sign illumination, including gooseneck reflectors, external illumination and internal
illumination, must be designed, located, shielded and directed to prevent the casting of glare or
direct light upon roadways and surrounding properties, or the distraction of motor vehicle
operators or pedestrians in the public right-of-way;
B. The sign face of internally illuminated signs must function as a filter to diffuse illuminat ion. The
sign face must cover all internal illumination components so that no exposed bulbs are visible;
C. All external illumination of a sign must concentrate the illumination upon the print ed area of t he
sign face;
D. No sign illumination may exceed one footcandle of illumination at the property line;
E. The use of neon lighting as a sign material or sign accent is permitted for signs within the mixed -
use, form-based and special purpose districts, with the exception of the MU-N and MU-B district s
where it is prohibited. Neon lighting is subject to the following:
1. When lit, neon lighting must be continuously illuminated. Flashing neon is
prohibited;
2. Neon lighting cannot be combined with any reflective materials (e.g. , mirrors,
polished metal, highly-glazed tiles, or other similar materials) that would c ause
glare and increase the spread of light;
3. Neon lighting to outline doors and windows is prohibited;
F. The use of LED lighting as a sign accent is permitted, subject to the following:
1. LED lighting as an accent is only permitted for non-residential uses in the mixed-
use, form-based and special purpose districts where electronic message c enter
signs are permitted. LED accent lighting is prohibited in any residential district;
2. LED lighting as an accent must comply with all illumination requirements of an
electronic message center sign;
3. The addition of LED lighting as an accent to an existing sign requires a z oning
permit;
4. When lit, LED lighting must be continuously illuminated. Flashing LED is
prohibited;
5. LED lighting cannot be combined with any reflective materials (e.g., mirrors,
polished metal, highly-glazed tiles, or other similar materials) that would c ause
glare and increase the spread of light;
6. LED lighting to billboards, free standing monument signs, outline doors, windows,
any part of a structure and automobile and filing station gas canopies is
prohibited;
7. LED lighting to outline free standing pole signs is allowed but lighting must
conform to the same brightness standards as electronic message centers as
identified in UDC Section 50-27.7.G. (Ord. No. 10044, 8-16-2010, § 6; Ord. No.
10047, 8-30-2010, § 3; Ord. No. 10204, 3-11-2013, § 1; cited only by Ord. No.
10222, 5-13-2013, § 1; Ord. No. 10338, 11-24-2014, § 2.)

Article 4, Page 79 (UDC 12/21)

50-27 Signs

50-27.5 Prohibited signs.

The following signs are prohibited:
A. Balloon and air-infused/air-inflated signs;
B. Electronic display screens;
C. Flashing or animated signs;
D. Illegally-affixed signs;
E. Moving signs, including signs moved by wind or mechanical or electrical components. No sign or
part of any sign shall move or give the illusion of movement in any manner. Cloc ks and barber
poles are exempt from this provision;
F. Portable signs. Portable signs include both signs mounted on a wheeled struct ure and those
mounted on a stationary structure that can be moved and is not permanently installed on a site;
G. Roof signs;
H. Snipe signs;
I. Strobe lights, moving or fixed spotlights, and floodlights;
J. Temporary off-premises signs;
K. Traffic hazard signs. Any sign that constitutes a traffic hazard is prohibited, including signs that:
1. Interfere with, obstruct the view of, or may be confused with any authorized traffic
sign, signal or device because of its position, shape or color, including signs
illuminated in red, green or amber color to resemble a traffic signal;
2. Make use of the words STOP, LOOK, DETOUR, DANGER, CAUTION,
WARNING or any other word, phrase, symbol or character in a manner that
misleads, interferes with or confuses traffic;
L. Vehicle signs. Signs placed or painted on parked vehicles where the primary purpose is to
advertise a product or service, or to direct the public to a business or activity located on or off t he
premises, are prohibited. Signs painted on vehicles, trucks or buses, which are being o perat ed
and stored in the normal course of business, such as signs located on delivery trucks,
promotional vehicles, moving vans and rental trucks, are permitted, provided that the primary
purpose of such vehicles is not the display of signs, and that they are parked or stored in areas
related to their use as vehicles. Vehicle for-sale signs are exempt from this provision. (Ord. No.
10041, 8-16-2010, § 7; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10047, 8-30-2010, § 9; Ord. No.
10096, 7-18-2011, § 38; Ord. No. 10204, 3-11-2-13, § 1; cited only by Ord. No. 10222,
5-13-2013, § 1.)

50-27.6 Signs and activities exempt from permit requirements.

50-27.7 Sign types.

A. General regulation.
The following types of signs require a zoning permit before they can be erected on a site. Table 50 -27-4:
Sign Types – Permit Required: District and Use Permissions describes which sign types are permitt ed in
each district. In many districts, multiple sign types for the same development may be permitted.

TABLE 50-27-4: SIGN TYPES – PERMIT REQUIRED: DISTRICT AND USE PERMISSIONS
KEY (REFERENCE TABLE 50-19.8 FOR USES)
1 : Residential Uses 3: Commercial Uses
1A: Multi-Family Dwelling Only 4: Industrial Uses
2 : Public, Institutional and Civic Uses
NOTE: Accessory uses are subject to the home occupation sign standards

MU-W
MU-N

MU-C

MU-B

MU-P
RR-1

RR-2

MU-I
R-C

R-P
R-1

R-2

P-1
I-W
I-G
F-1

F-2

F-3

F-4

F-5

F-6

F-7

F-8

F-9
A-Frame Sign 3 3 3 3 3 3 3 3 3 3 3 3 3 2
1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A
Aw ning 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
Banner -
Exhibition 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2

Billboard 1
3 3 3 3
4 4 4 4
1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A
Canopy 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
Electronic 2 2 2 2 2 2 4
2 2 2 2 2 2 2 3 3 3 2 3 2 2 2 2 2 2 2 2 2
3 34
Message Sign 2
4 4 4 4
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Freestanding 2 2 2 2 2 2 3 3 3 2 3 3 3 3 3 3 3 3 3 3 3 3 3 2
Signs – Pole 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Freestanding
Signs – 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Monument 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
Marquee 3 3 3 3 3 3 3
Projecting 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
Sign 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
Scoreboard 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Wall Sign 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 2
4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
1 Billboards are permitted on any lot w ithin the noted districts, w hether developed or undeveloped, unless such lot is
developed for a one-family or tw o-family dw elling.
2 Filling station uses in any district are permitted to display fuel prices by an electronic message component, and are
subject to the restrictions of that section.
Electronic message signs are not allow ed in the Historic Canal Park area as identified in UDC Section 50-27.8.C.
Electronic message signs are allow ed in the Entertainment District area as identified in UDC Section 50-27.8.B.

Article 4, Page 85 (UDC 12/21)

50-27 Signs

B. A-frame signs.
A-frame signs are permitted as indicated in Table 50-27-4, subject to the following regulations.
1. A-frame signs are limited to six square feet in area per side and four feet in height . The us e of
A-frame signs is limited to business hours only and may not be displayed for more than 16 hours
in a 24 hour period. Signs must be stored indoors at all other times ;
2. An A-frame sign must be placed on the property where the business is located and within ten feet
of the primary entrance of the business or on the right-of-way in front of property. A-frame s igns
must provide an unobstructed sidewalk width of at least five feet for pedestrian passage and must
not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or
other accessibility codes;
3. The permit applicant must provide and
maintain in force a certificate of insurance, in
a form approved by the city, that evidences
that the applicant has in force insurance in
the minimum amounts required by the city for
bodily injuries or property damage in any one
year protecting such person or organization
and the City against liability for injuries or
damages resulting from the placement of
such objects or materials in the public right -
of-way. Proof of insurance must be renewed
on an annual basis;

Article 4, Page 86 ( UDC 12/21)

50-27 SIgns

C. Awning.
Awnings without printing, with the exception of a street address number (number only), are considered an
architectural feature and are not regulated by this Section. This Section regulates awning signs, which
are used to identify a use by name or logo, the goods or services offered on-site, and similar sign
information. Awning signs are permitted as indicated in Table 50-27-4, subject to the following
regulations:
1. Awning signs must maintain a minimum vertical clearance of seven feet six inches (7’ 6”);
2. Awning signs must be located a minimum of 18 inches from the back of curb;
3. Awning signs must comply with Minnesota State Building and Fire codes, including provisions for
encroachment into the public right-of-way, structural requirements, sprinkler protections and
similar regulations;
4. Awning signs must be made of a durable, weather-resistant material like canvas, canvas-like
material, nylon, vinyl-coated fabric or metal. Solid, flat-roofed awnings may also be made out of
finished wood, wood and plastic composites, metal or metal cladding, stucco or EIFS;
5. Printing on any awning sign is limited to 30 percent of the surface area;

6. Awning signs are permitted lettering attached to and

located above the top of a solid awning to a
maximum height of 24 inches. Signs mounted to
solid, flat roofed awnings are limited to individually -
mounted letters with internal illumination (if
illuminated) or a sign board with external illumination
– no internally illuminated cabinet signs;
7. Awning signs may illuminate the printed area of t he
awning with gooseneck or similar external
illumination. Back-lit awnings are prohibited;
8. Under-awning signs are permitted subject to the
following:
(a) Under-awning signs must be attached to the
underside of an awning. Under-awning
signs must not project beyond the awning;
(b) Under-awning signs must maintain a
minimum vertical clearance of seven feet;
(c) A maximum of one under-awning sign is
permitted per business establishment with
frontage on the street where the awning is
mounted;
(d) Each under awning sign is limited to a
maximum of six square feet;
(e) Under-awning signs must be securely fix ed
to the awning with metal supports;
(f) Under-awning signs must be made of wood,
metal or plastic;
9. A sign permit is required for recovering or
resurfacing an existing awning;

Article 4, Page 87 (UDC 12/21)

50-27 Signs

D. Exhibition banners.
Exhibition banners are intended to be used in
conjunction with a special exhibit for an
educational facility, government building,
museum, library or art gallery, or religious
assembly. Exhibition banners are permitted for
events and exhibitions as indicated in Table 50-
27-4, subject to the following regulations:
1. Each use is permitted up to six exhibition
banners during one display period. The
display period is defined as the combined
period of 30 days prior to the opening of
the exhibit, the run of the exhibit, and for
14 days following the close of the exhibit .
In no event may the display of exhibition banners exceed four months in any calendar year;
2. Exhibition banners must be made of a durable, weather-resistant material like canvas , nylon or
vinyl-coated fabric;
3. Each exhibition banner is limited to a maximum sign area of 200 square feet;
4. Exhibition banners must be securely and tautly attached to the wall of the structure and no exhibi-
tion banner may be located higher than the roofline;

E. Billboard.
The following types of signs require a zoning permit before they can be erected on a site;
1. Billboards are permitted as indicated in
Table 50-27-4 subject to the following
regulations. However, billboards are
only permitted in the MU-B and I-G
districts with the use of an exception
credit (Section 50-38.7). Billboards are
also further restricted by the
requirements of Minnesota State Statute
Section 173.08, Subdivision 2, as
amended from time to time;
2. The maximum sign area for a billboard
is 700 square feet;
3. Billboards adjacent to on-grade
roadways are limited to a maximum
height of 25 feet. Billboards adjacent to grade separated/elevated roadways are permitted to
measure the 25 foot height from the roadbed crown to the tallest projection of the structure. This
measurement is taken at a perpendicular angle between the grade separated/elevated roadway
and the sign location;
4. Billboards may only be mounted as freestanding pole signs. However, when an exception credit
is used, billboards may be wall-mounted and are limited to the wall sign area allowed for that
district;

Article 4, Page 88 ( UDC 12/21)

50-27 SIgns

5. Billboards are required to be spaced 500 feet apart, subject to the following:
(a) Billboards located along Interstate Highway No. 35 and Interstate Highway No. 535 mus t
be spaced 800 feet apart, unless erected under an exception credit in whic h c ase only
the 500 foot spacing is required;
(b) Spacing is measured along the
nearest edge of the right-of-way
pavement to which the billboard
is displayed and between point s
directly opposite the center of the
billboard;
(c) Spacing requirements apply only
to billboards located on the same
side of the same highway.
(d) Multi-faced or back-to-back
billboards, up to a maximum of a
five foot separation between sign
faces, are considered one
billboard;
6. Electronic billboards are permitted only in
the MU-C, MU-B, and I-G districts. Electronic billboards are subject to the following regulations:
(a) An electronic billboard may only be erected if one of the following criteria is met:
(i) The electronic billboard is constructed using exception credits. The number of
exception credits, in square footage, must equal three times the square foot age of
the electronic billboard to be constructed;
(ii) Nonconforming billboards of a total square footage are removed in an amount equal
to three times the square footage of the electronic billboard to be constructed;
(b) Each message displayed on an electronic billboard must be static or depicted for a mini -
mum of eight seconds. Any scrolling, flashing or movement of the message is prohibited;
(c) The maximum brightness of an electronic billboard is limited to 5,000 nits or 464 can-
delas per square foot during daylight hours, and 500 nits or 46 candelas per square foot
between dusk to dawn. The billboard must have an automatic dimmer control t hat pro -
duces a distinct illumination change from a higher allowed illumination level to a lower
allowed level for the time period between one-half hour before sunset and one-half hour
after sunrise;
7. No off-premises sign or billboard in excess of 60 square feet shall be erected or maintained in
any area shown on the maps in Exhibit 50-27.8-1;

Article 4, Page 89 (UDC 12/21)

50-27 SIgns

Exhibit
Exhibit
50-27.8-1
50-27.8-1
50-27 SIgns

Exhibit 50-27.8-1

Article 4, Page 91 (UDC 12/21)

50-27 Signs

Exhibit 50-27.8-1

Article 4, Page 92 ( UDC 12/21)

50-27 Signs

F. Canopy.
Canopies without printing, with the exception of a
street address number (number only), are
considered an architectural feature and are not
regulated by this Section. This Section regulates
canopy signs, which are used to identify a use by
name or logo, the goods or services offered on-s it e,
and similar sign information. Canopy signs are
permitted as indicated in Table 50-27-4 subject to
the following regulations:
1. Canopy signs must maintain a minimum
vertical clearance of seven feet six inches (7'
6");
2. Canopy signs must be located at least 18
inches from the back of curb. Support posts
must maintain a minimum separation of five
feet between posts and between the posts
and any building wall. No obstructions are
permitted within this area;
3. Canopy signs must comply with Minnesota
State Building and Fire codes, including
provisions for encroachment into the public
right-of-way, structural requirements,
sprinkler protections and similar regulations;
4. Canopy signs must be made of a durable,
weather-resistant material like canvas,
canvas-like material, nylon, vinyl-coated
fabric or metal. Solid, flat-roofed canopies
may also be made out of finished wood,
wood and plastic composites, metal or metal
cladding, stucco or EIFS;
5. Printing on any canopy sign is limited t o 30
percent of the surface area. Signs mounted
to solid, flat roofed canopy are limited to
individually-mounted letters with internal
illumination (if illuminated) or a sign board
with external illumination – no internally
illuminated cabinet signs;

6. Canopies may include underside, external illumination;

7. Under-canopy signs are permitted subject to the following:
(a) Under-canopy signs must be attached to the underside of a canopy. Under -c anopy
signs must not project beyond the canopy;
(b) Under-awning signs must maintain a minimum vertical clearance of seven feet;
(c) A maximum of one under-canopy sign is permitted;
(d) Each under-canopy sign is limited to a maximum of six square feet;
(e) Under-canopy signs must be securely fixed to the awning with metal supports;
(f) Under-awning canopy must be made of wood, metal or plastic;

Article 4, Page 93 (UDC 12/21)

50-27 Signs

G. Electronic message sign.

Electronic message signs are permitted as indicated in Table 50-27-4 subject to the following regulations.
However, all filling stations in any district are permitted to display fuel prices by an elec tronic mes sage
component. Such component must only display numerical fuel prices and must be static.
1. Only one electronic message sign per lot is permitted;
2. Each message or image displayed on an electronic message sign must be static or depicted for a
minimum of eight seconds. Any scrolling, flashing or movement of the message is prohibited;
3. The maximum brightness of an electronic message sign is limited to 5,000 nits or 464 c andelas
per square foot during daylight hours, and 500 nits or 46 candelas per square foot between dus k
to dawn. The sign must have an automatic dimmer control that produces a distinct illuminat ion
change from a higher allowed illumination level to a lower allowed level for the time period
between one-half hour before sunset and one-half hour after sunrise;
4. Electronic message signs are permitted as part of a freestanding sign, wall sign or marquee and,
in addition, are subject to the requirements for those sign types;
5. Electronic message signs must be integrated into the larger sign structure and must include t he
name of the use as a non-electronic component as part of the sign structure. Electronic message
signs are limited to a maximum of 60 percent of the sign area of the freestanding or wall sign with
which it is integrated;
6. Electronic message signs cannot display any off-premises commercial advertising;
7. Electronic display screens are prohibited;
H. Freestanding signs-pole and monument.
Freestanding signs are permitted as indicated in Table
50-27-4, subject to the following regulations:
1. Freestanding sign maximum height and sign
areas are as indicated in Table 50-27-5.
Freestanding signs must be constructed of solid
or composite finished wood, metal, masonry,
neon, glass or nonwoven plastic;
2. Only one freestanding sign, either pole or
monument, is permitted per street frontage of a
lot. For each additional 200 feet of street
frontage, above an initial 200 feet of frontage,
an additional freestanding sign, either pole or
monument, is permitted, up to a maximum of three freestanding signs;
3. All freestanding signs over seven feet in height
must submit construction plans prepared by a
design professional licensed in Minnesota that
comply with the requirements of the Minnesota
State Building Code;
4. No part of a freestanding sign may project into,
over or otherwise encroach on a public right-of-
way;
5. A freestanding pole sign must maintain a minimum
vertical clearance of eight feet. When the pole
structure of a freestanding pole sign is wrapped in
any decorative material, the decorative pole wrapping must be permanently installed. Decorative
wrapping shall not be closer than three feet to the property line, and shall not be wider t han 25
percent of the sign face. No temporary signs may be attached to the pole of a freestanding pole
sign;
6. Freestanding monument signs may be internally or externally illuminated. If externally
illuminated, all light must be directed onto the sign face. Freestanding pole s igns may only be
internally illuminated;

Article 4, Page 94 ( UDC 12/21)

50-27 Signs

TABLE 50-27-5: FREESTANDING SIGN REGULATIONS

DISTRICT SIGN AREA POLE SIGN MONUMENT SIGN

Maximum Sign Area Maximum Sign Height Maximum Sign Height
(Square Feet) (Feet) (Feet)

R-C 42 sf 17 6
RR-1 42 sf 17 6
RR-2 42 sf 17 6
R-1 42 sf 17 6
R-2 42 sf 17 6
R-P 42 sf 17 6
MU-N 42 sf 17 6
MU-C * 60 sf 25 8
MU-I* 50 sf 25 8

MU-B * 50 sf (Monument) Prohibited 8

MU-W* 50 sf 20 6
MU-P * 60 sf 25 8
F-1 42 sf 17 6
F-2 42 sf 17 6
F-3 42 sf 17 6
F-4 42 sf 17 6
F-5 42 sf 17 6
F-6 42 sf 17 6
F-7 42 sf 17 6
F-8 42 sf 15 6
F-9 60 sf 25 8
I-G* 60 sf 25 8
I-W* 60 sf 25 8
P-1 42 sf 17 6
*Freestanding Pole and Monuments Signs in the MU-I, MU-B and MU-W zones are allowed a maximum o f 5 0 sq f t .
However, for sites with lot frontage that exceeds 250 lineal feet, the maximum size area of the sign may equ al u p t o
20 percent of the lineal street frontage on the street nearest the sign, up to a maximum sign area of 100 sq ft.
*Freestanding Pole and Monument Signs in the MU-C, MU-P, I-G, and I-W zones are allowed a maximum of 60
square feet. However, for sites with lot frontage that excee ds 300 lineal feet, the maximum size area of the sign m a y
equal up to 20 percent of the lineal street frontage on the street nearest the sign, up to a maximum sign are a o f 1 5 0
square feet.

Article 4, Page 95 (UDC 12/21)

50-27 Signs

I. Marquee.
Marquees are permitted as indicated in Table 50-27-4, subject to the following regulations:
1. Marquees must be supported solely
by the building to which they are
attached. No exterior columns or
posts are permitted as supports;
2. No marquee may be erected on
any building or other structure of
wood frame construction;
3. The roof of a marquee may not be
used for any purpose other than t o
form and constitute a roof and must
be constructed of noncombustible
material;
4. Water from the roofs of a marquee
may not drain, drip or flow onto t he
surface of a public sidewalk.
Sufficient downspouts, drains and
gutters must be installed as part of
each marquee to prevent water
from the roof of the marquee from
flowing onto the surface of a public
sidewalk;
5. Marquees must be erected over a
building entrance and are limited to
the width of the building entrance. An additional five feet on each side of the entrance
doors covered by the marquee is permitted;
6. All marquees must maintain a minimum vertical clearance of eight feet and the roof of the
marquee structure must be erected below the second floor window sill. Marquees may
encroach up to 18 inches from the back of curb;
7. Marquees are permitted lettering attached to and located above the roof of a marquee t o
a maximum height of 24 inches;
8. Marquees may be internally illuminated. External Illumination is prohibited;

Article 4, Page 96 ( UDC 12/21)

A. Following the effective date of this Section, an applicant is required to submit a master sign plan
for any new commercial multi-tenant building or development that includes non-residential us es,
including mixed-use development, for review and approval by the planning commission. The
planning commission shall review the application, conduct a public hearing pursuant t o S ect ion
50-37.1.I, with public notice as required by Section 50-37.1.H, and make a decision to adopt,
adopt with modifications, or deny the application;
B. The master sign plan must provide a coordinated design for all building-mounted signs including,
at a minimum, criteria and specifications for sign locations, general range of sign area, and
lighting. All freestanding signs must be shown on the sign plan, including size, location and
lighting;
C. Once approved, signs erected within the multi-tenant development must follow t he mas ter s ign
plan;
D. The review and approval process for a master sign plan does not allow for variations to the
requirements of this Section. (Ord. No. 10204, 3-11-2013, § 1; cited only in Ord. No. 10222,
5-13-2013, § 1.)

50-27.10 Campus sign plan.

A. The city recognizes that university or college or hospital campuses have unique sign needs t hat
may need to depart from the requirements of this Sect ion. In such cases, the planning
commission may recommend and city council may approve such sign standards for t emporary
and permanent signs through the review and adoption of a campus sign plan;
B. A campus sign plan may be applied for by a university or college or hospital campus a minimum
of two acres in size. In calculating the area, the entire area does not have to be contiguous and
may be separated by public rights-of-way or by individual parcels not owned by the institution.
However, the entire area must function as a connected campus;
C. As part of the establishment of a campus sign plan, a comprehensive sign plan must be
submitted. The comprehensive sign plan must describe the sign standards for the campus,
including all exceptions to the requirements of this Section. A campus sign plan may be more
permissive than the standards of this section. Directional signs within the campus may be
described generally by sign area and height and general locations;
D. The planning commission shall review the application, conduct a public hearing pursuant to
Section 50-37.1.I, with public notice as required by Section 50-37.1.H, and mak e a dec ision t o
adopt, adopt with modifications, or deny the application;
E. Alternately, a campus sign plan may be incorporated into the review and approval process of t he
district plan option of the MU-I District. (Ord. No. 10204, 3-11-2-13, § 1; cit ed only in Ord. No.
10222, 5-13-2013, § 1.)

Article 4, Page 102 ( UDC 12/21)

50-27 Signs

50-27.11 Classic signs.

A. Purpose.
Because the city recognizes that certain existing signs do not conform with this Chapter but are
particularly unique and/or have historic value, including signs for products or businesses that are no
longer located on-site, the classic sign designation is established where the city c an des ignat e cert ain
signs as classic signs. Once designated, the classic sign is deemed conforming, and t hus is no longer
nonconforming, provided the sign is maintained in good condition and its physical integrity remains intact.
Any sign designated on the national historic register is automatically considered a classic sign under t his
Section;
B. Eligibility.
1. An owner of a sign, or the city may apply for designation of an existing sign as a c lassic s ign.
Classic signs are exempt from area, setback, height, lighting, movement, placement, type,
content, and construction materials requirements of this Section;
2. To qualify for designation as a classic sign, the sign must:
(a) Be at least 25 years old or an exact replica of an original sign where the combined age of
the duplicate and original sign is at least 25 years;
(b) Possess unique physical design characteristics, such as configuration, message, color,
texture, etc.;
(c) Be of significance to the city, regardless of the use identified by the sign;
3. A sign designated a classic sign may remain on the premises even if the original use to which the
sign relates is no longer located on the premises. A designated classic sign may also be moved
to a new structure;
C. Application.
The application for classic sign status must be made to the land use supervisor, who will schedule a
public hearing. The planning commission may approve or deny the application;
D. Maintenance.
The owner of a classic sign must ensure that the sign is not structurally dangerous, a fire hazard, an
electrical shock hazard, or any other kind of hazard. Classic signs may be rebuilt if damaged;
E. Designated classic signs.
A list of designated classic signs is maintained by the land use supervisor. (Ord. No. 10204, 3-11-2013, §
1; cited only in Ord. No. 10222, 5-13-2013, § 1.)

Article 4, Page 103 (UDC 12/21)

50-27 Signs

50-27.12 Master mass transit shelter sign plan.

A. Following the effective date of this Section, a master mass transit shelter sign plan is required for
any signage, other than route information, to be placed in or on any mass transit shelter loc ated
in a public right of way;
B. The planning commission shall review the plan, conduct a public hearing pursuant to Section 50 -
37.1.I, with public notice as required by Section 50-37.1.H, and make a decision to approve,
approve with modifications, or deny the application. The plan shall not allow for variations t o t he
requirements of 50-27 with the exception of off-site commercial messaging;
C. The master sign plan must provide a coordinated design for all signage to be located at or on all
transit shelters of the applicant, including, at a minimum, criteria and specifications for sign
locations, size of signage, single or double sided signage, lighting, and a maintenance plan for
signage;
D. The master mass transit shelter sign plan shall only apply to transit shelters that are approved by
a concurrent use permit;
E. Signage on a shelter must not exceed one-third of the vertical surface of the shelter, and must not
impede the sight triangle as established in 50-25.2;
F. After the date of this ordinance, mass transit shelters shall be permitted on public right -of-way
only pursuant to a concurrent use permit issued pursuant to this chapter, and onc e t he master
sign plan has been approved signage erected must be maintained and operated only as provided
for in the master mass transit shelter sign plan. (Ord. No. 10743, 4-26-2021§ 1.)

Article 4, Page 104 ( UDC 12/21)

50-28 Stormw ater

50-28 STORMWATER DRAINAGE AND EROSION CONTROL.

Stormwater drainage and erosion control regulations and standards apply to all lands in the city, and are
contained in Section 50-18.1.E. (Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 105 (UDC 12/21)

50-29 Sustainability Standards

50-29 SUSTAINABILITY STANDARDS.

50-29.1 Applicability.
In order to promote sustainable development, all new residential development proposals containing three
or more units, and all non-residential development with a gross floor area of 10,000 square feet or more,
shall be required to comply with the provisions of this Section 50-29. (Ord. No. 10044, 8-16-2010, § 6.)

50-29.2 Points required.

Each new development shall be required to achieve at least a minimum number of points from the menu
of options shown in Table 50-29-1:
A. Residential development minimum requirements.
1. Residential development with 3-29 units: 3 points.
2. Residential development with 30 or more units: 4 points;
B. Non-residential development minimum requirements.
1. Non-residential development with 10,000 to 25,000 square feet: 3 points.
2. Non-residential development with a total square footage of more than 25,000 square feet: 4
points;

Table 50-29-1: Sustainability Point System

Points
Earned
LOCATION
Dev elopment on prev iously used or dev eloped land that is contaminated w ith w aste or pollution (brow nfield site w ith 1.50
Env ironmental Site Assessment documented contamination that w ill be remov ed by property ow ner as part of the project)
Dev elopment on prev iously used or dev eloped land that is not contaminated (site re-use) 0.75
Dev elopment on a prev iously undev eloped site that is located immediately adjacent to ex isting city roadw ay and utility 0.25
infrastructure and that does not require additional public roadw ay and utility infrastructure to be constructed to serv ice
dev elopment.
ENERGY EFFICIENCY
Meet ASHRAE standard 189.1 (Section 7.4.2) for building env elope design [1] 1.50
Meet ASHRAE standard 189.1 (Section 7.4.6) for lighting [1] 0.75
Meet ASHRAE standard 189.1 (Section 7.4.3) for HVAC equipment [1] 0.75
Meet Energy Star standards for low rise residential or ex ceed ASHRAE 90.1-2004 energy efficiency standards by 15%. [2] 1.00
ALTERNATIVE ENERGY
Generate or acquire a minimum of 15% of the electricity needed by the dev elopment from alternativ e energy sources (solar, w ind, 1.00
etc)
Install solar panels on a minimum of 15% of homes dw elling units contained in one-family , tw o-family , or tow nhouse dw ellings 0.75
Pre-w ire a minimum of 10% of residential dw elling units for solar panels 0.25
Install solar panels on primary structure, or at least 50% of buildings in a multi-building complex 0.75
PASSIVE SOLAR
A minimum of 20% of residential dw elling units or lots are oriented w ithin 20% of east-w est for max imum passiv e solar ex posure 1.00
At least 20% of non-residential buildings hav e one longer ax is oriented east-w est for max imum solar ex posure 1.00
WATER
Install a “cool roof” on the primary structure, or at least 50% all of primary buildings in a multi-building complex . Cool roofs shall 1.00
hav e a Solar Reflectance Index of 78 for flat roofs or 29 for roofs w ith a slope greater than 2:12.
Install a green v egetated roof on the primary structure, or at least 50% of all primary buildings in a multi-building complex . Green 2.00

Article 4, Page 106 ( UDC 12/21)

50-29 Sustainability Standards

or v egetated roofs shall include v egetation on at least 50% of the roof area (25% for renov ated buildings) and shall use only plant
materials permitted by the landscaping standards in Section 50-25.
Meet ASHRAE standard 189.1 (Section 6.3.1) for site w ater use reduction [1] 0.75
Meet ASHRAE standard 189.1 (Section 6.3.2) for building w ater use reduction [1] 0.50
STORMWATER, ADDITIONAL RETENTION
Post construction dev elopment w ill retain at least 0.5 inches of runoff on the site from imperv ious surfaces (retrain through 0.75
infiltration, need proper nativ e soils v erified through geotechnical field testing approv ed by city engineer)
Post construction dev elopment w ill retain 1.1 inches of runoff on the site from imperv ious surfaces (retrain through infilitration, 0.50
need proper nativ e soils v erified through geotechnical field testing approv ed by city engineer)
VEGETATION
Retain at least 20% of ex isting pre-dev elopment nativ e natural v egetation (minimum 5,000 square feet) 0.50
Turf grass is limited to 40% of the landscaped area. (minimum 5,000 square feet) 0.25
Maintain a minimum of 50 foot naturally v egetativ e buffer from delineated w etlands (minimum 25,000 feet of delineated w etlands 0.50
on the property )
URBAN AGRICULTURE
A fenced, centrally located community garden space is prov ided for residents and for urban gardening purposes at a ratio of 50 1.00
sq. ft. per dw elling unit as part of the ov erall landscape plan
A minimum of one on-site composting station is prov ided for ev ery 25 units 0.25
TRANSPORTATION
Source a minimum of 20% by cost of structure construction materials from recy cled products or products manufactured, ex tracted, 1.50
harv ested, or recov ered w ithin 500 miles of the site (ex cluding grav el, fill, concrete, asphalt, and similar site construction material)
A minimum of 2% of required automobile parking spaces are signed and reserv ed for hy brid/electric/low energy v ehicles in 0.25
preferred locations near the primary building entrance
[1] Standard for the Design of High-Performance Green Buildings, American Society of Heating, Refrigerating, and Air-Condition Engineers,
2009.
[2] Energy Standard for Buildings Except Low-Rise Residential, American Society of Heating, Refrigerating, and Air-Condition Engineers, 2004.

(Ord No 10459, 7-11-2016, §2)

C. LEED-certified building alternative.
Buildings that have achieved LEED requirements necessary to receive certification from the U. S . green
building council at the silver level or above shall not be required to meet the above requirements;

50-30.2 Commercial and institutional design standards.

A. Applicability.
1. The standards of this Section 50-30.2 shall apply to each principal building or development in
which a majority of the gross floor area is occupied by uses categorized in Table 50-19.8 as
commercial and institutional uses, except for:
(a) Any building or development located in one of the form districts;
(b) Any building or development located on a lot smaller than 10,000 square feet;
(c) Any building or development containing less than 10,000 square feet of gross floor area;
2. If a building or development containing less than 10,000 square feet of gross floor area is later
expanded so that it contains 10,000 square feet of gross floor area or more, it shall be subject to
these requirements;
B. Facades and articulation.
Each commercial or institutional principal structure, other than large retail structures addressed in Section
50-30.2.D below, shall meet the transparency requirement described in subsection 1 below, and shall
also comply with two of the remaining options listed in subsections 2 through 5 below, with the choice of
those standards to be at the option of the owner:
1. Transparency requirement.
A minimum of ten percent of each facade area that faces a street shall be composed of
transparent materials. At least 1/2 of this amount shall be provided so that the lowest edge of the
transparent materials is no higher than four feet above the street level;
2. Wall plane articulation option.
Each facade greater than 100 feet in length abutting a street shall incorporate architectural
features such as wall plane projections, recesses, or other building material treatments and
textures that visually interrupt the wall plane. No uninterrupted length of any facade shall exceed
100 horizontal feet;
3. Vertical articulation option.
Each principal building taller than 30 feet in height must be designed so that the massing or
façade articulation of the building presents a clear base, middle and top when viewed from the
abutting street;

Article 4, Page 110 ( UDC 12/21)

50-30 Design Standards

4. Roof articulation option.

Where sloping roofs are used, at least one projecting gable, hip feature, or other break in the
horizontal line of the roof ridgeline shall be incorporated for each 60 lineal feet of roof. Where flat
roofs are used, the design or height of the parapet shall include at least one change in setback or
height of at least three feet along each 60 lineal feet of façade;
5. Foundation landscaping option.
Building foundation areas that face streets or public areas shall be landscaped to a minimum
width of five feet with a minimum of three shrubs per 20 lineal feet of foundation;
C. Entryway design and location.
Each principal building shall have clearly defined, highly visible main entrances for occupants and
customers with features designed to emphasize the importance of the entrance, which must include at
least two of the following features, with the choice of the features to be at the option of the owner:
1. A canopy or portico;
2. A roof overhang;
3. A horizontal recess or projection;
4. An arcade or arch;
5. A peaked roof form;
6. An outside patio;
7. A display window;
8. Architectural tilework or moldings integrated into the building design;
9. Integrated planters or wing walls that incorporate landscaped areas or seating areas;
10. Another architectural feature not found on the remainder of that building façade;
D. Additional standards for large commercial retail buildings.
In addition to meeting the standards in subsection A above, single-story retail buildings containing 65,000
square feet or more of gross floor area, in which one user or tenant occupies more than 75 percent of t he
gross floor area, shall meet the following additional standards:
1. Facade articulation.
Each building facade longer than 100 feet shall incorporate wall plane projections or recesses at least
two feet deep, and extending at least 20 percent of the length of the façade. At leas t one of t hos e
wall plane projections or recesses shall repeat horizontally at an interval of no more than 30 feet;
2. Facade design.
Each building façade must have a repeating pattern that includes at least two inst ances of at leas t
one of the following:
(a) Color change;
(b) Texture change;
(c) Material module change;
(d) Expression of an architectural or structural bay through a change in plane no less than 12
inches wide, such as an offset, reveal or projecting rib;
3. Pedestrian oriented design features.
Ground-floor façades that face public streets or accessory parking areas shall have arcades, display
windows, entry areas, awnings or other such features along no less than 60 percent of their horizontal
length;
4. Pedestrian connections.
All principal entrances of principal buildings shall have direct access (i.e., access wit hout having t o
cross a public street) to a sidewalk, walkway, path or pathway that leads t o a public s treet . E ac h
such sidewalk, walkway, path or pathway must be a minimum of five feet wide. If a sidewalk does not
currently exist, and there is a sidewalk system in place, sidewalks on the property shall connect to the
existing sidewalk system;
5. Bicycle access.
Bicycle access shall be provided between public bicycle lanes, paths, or routes on adjacent st reets
and on-site bicycle parking areas. Sites should be designed to avoid or minimize all conflicting
bicycle/motor vehicle and bicycle/pedestrian movements;

Light trespass No light trespass

B. All lighting shall have the intensities and uniformity ratio consistent with the IESNA lighting
handbook, and shall be designed and located so that the illumination measured in footcandles at
the finished grade shall comply with the standards in Table 50-31-1, Minimum and Maximum
Illumination Values. All exterior lighting shall meet the requirements of the Minnesota State
Energy Code, except for temporary decorative seasonal lighting;

Table 50-31-1: Minimum and Maximum Illumination Values (in Footcandles)

Maximum
Illumination at Maximum/
Property Line Minimum
Maximum (Excluding Maximum Ratio in an
Illumination on Rights-of- Illumination at Illuminated
Use Property Way) Right-of-Way Area
Residential Uses and
Agricultural and Animal Related 5 .5 1.0 10:1
Uses
All Other Uses 10 1.0 2.0 15:1

C. The maximum height of any lighting pole serving a residential use is 20 feet. The maximum
height serving any other type of use is 25 feet, except that (1) in parking lots larger than five
acres, the maximum height of any pole located at least 100 feet from any residential use is 35
feet, and (2) in the I-G and I-W zone districts, the maximum pole height is 50 feet;
The calculation for the height of lighting poles excludes the pole’s base (up to 30 inches;
D. Sign illumination shall conform to the provisions of Section 50-27.
E. Lighting of free standing canopies for automobile service stations, convenience stores, and ot her
similar uses shall have a maximum light level of 15 footcandles. Lighting shall be fully rec es sed
into the canopy and shall not protrude downward beyond the ceiling of the canopy. Maximum
lighting level uniformity (maximum to minimum) on the site shall be 15:1;

Article 4, Page 116 ( UDC 12/21)

50-31 Exterior Lighting

F. The use or operation of searchlights for advertising purposes is prohibited. The use of laser
source light or any similar high intensity light for outdoor advertis ing or entertainment, when
projected above the horizon, is prohibited;
G. All outdoor light not necessary for security purposes shall be reduced to 30 percent of design
levels or less, activated by motion sensor detectors, or turned off during non-operating hours;
H. Light fixtures used to illuminate statues, monuments, or any other objec ts mount ed on a pole,
pedestal or platform shall use a narrow cone beam of light that will only illuminate the object;
I. For upward-directed architectural, landscape and decorative lighting, and flood lights, direct light
emissions shall be contained by the buildings and not be visible above the building roof line, and
shall not be utilized to light any portion of a building façade between 10:00 p.m. and 6:00 a.m.;
J. No flickering or flashing lights shall be permitted, except for temporary decorative seasonal
lighting. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10153, 5-14-2012, § 13.)

Article 4, Page 117 (UDC 12/21)

50-32 Housing and Property Maintenance Code

50-32 HOUSING AND PROPERTY MAINTENANCE CODE.

The city has adopted by reference the year 2012 edition of the International Property Maintenance Code,
as the Housing and Property Maintenance Code of the city, as amended by Chapter 29A of the code.
(Ord. No. 10044, 8-16-2010, § 6. Ord. No. 10459, 7-11-2016, §3)

Article 4, Page 118 ( UDC 12/21)

50-33 Plats

50-33 PLATS.

50-33.1 General.
All subdivision plats and replats, and all registered land surveys, shall create lots, streets and walk ways
and open spaces consistent with the requirements of the zone district within which t he land is loc ated.
Without limiting the generality of the previous sentence, all plats and land surveys approved after
November 19, 2010, shall be consistent with the lot dimension requirements contained in sections 50-13
through 18 of this Chapter, as well as the requirements of Section 50-21, Dimensional requirements, 50-
22, Building form standards, 50-23, Connectivity and circulation, 50-24, Park ing and loading, and 50-
18.1.E, Stormwater and erosion control. In addition, all subdivision plats and replats, and all regis t ered
land surveys approved after November 19, 2010, shall comply with the standards of this Section 50-33.
(Ord. No. 10044, 8-16-2010, § 6.)

50-33.2 Site design.

A. The site design process shall begin with an analysis of site constraints and natural resources, and
shall avoid both to the degree practicable;
B. In addition, the site design process shall include a pre-submittal evaluation of storm drainage t o
ensure that the proposed design will comply with the storm drainage and erosion control standards in
Section 50-18.1.E. This study shall be submitted prior to submission of a preliminary plat of the property;
C. The site design process shall include an evaluation of minimal impact development and low
impact development methods;
D. At a minimum, the lands included in the plat or survey shall be designed so that all developable
parcels can be developed in compliance with the requirements of:
1. Section 50-18.1, Natural resources overlay district, which identifies areas subject to flood plain,
shorelands and wetland constraints, and stormwater and erosion control;
2. Section 50-18.4, Skyline Parkway overlay district, which identifies constraints on the location of
structures and fences on lands located within 200 feet downhill of Skyline Parkway;
E. Shore and bluff impact zones shall be included in common open space. Wetlands, floodplains,
wildlife areas, steep slopes, rock outcrops, tree stands and areas in their natural state that are unsuitable
for development shall be included in common open space if possible;
F. Whenever a portion of a tract is proposed for platting and it is intended to enlarge s uch plat t ed
portion in the future, a tentative plan for the entire tract shall be submitted;
G. To ensure a harmonious development in areas not subject to any zoning ordinanc e (areas now
outside the corporate limits of Duluth), the subdivider may be required to place upon such plats
restrictions comparable to those of this Chapter for similar areas. (Ord. No. 10044, 8-16-2010, § 6; Ord.
No. 10096, 7-18-2011, § 44.)

50-33.3 Block size.

A. In the MU-B, I-G and I-W zone districts, block lengths and widths shall be platted to
accommodate the anticipated occupancy of the platted lots;
B. In other zone districts, blocks shall be not less than 300 feet nor more than 600 feet in length;
C. Through lots or double-frontage lots shall be avoided as far as practicable, but may be permitt ed
when necessary to allow efficient use of the land in light of site topography. (Ord. No. 10044, 8-16-2010,
§ 6.)

50-33.4 General lot design and layout.

A. All lots shall have frontage on a public street unless that is impracticable due to topography and
the land use supervisor approves an alternative layout based on considerations of public safety and land
use efficiency;
B. Where practicable, side lot lines shall be at approximately right angles to the street on whic h t he
lot fronts;
C. Where practicable, adjacent lots shall not be platted so that their long axes are at right angles t o
each other;

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50-33 Plats

D. No strips of land shall be platted for private ownership that control access to public streets or that
are untaxable for special improvements;
E. Where practicable, lots shall be oriented so that the long axis of the lot is wit hin 15 degrees of
east-west in order to increase solar orientation;
F. Flag lots are prohibited in R-1, R-2 and MU-N zone districts. (Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10096, 7-18-2011, § 45; Ord. No. 10286, 3-10-2014, § 16.)

50-33.5 Specific layout standards for R-C, RR-1 and RR-2 districts.
A. When (i) a tract or parcel of land in the R-C or RR-1 districts, or (ii) a parcel of land in t he RR-2
districts with sewer service, is proposed for platting to create five or more residential building lot s , t hose
lots shall be clustered as described in this Section in order to retain the open charact er of t he land and
reduce the amount of the tract occupied by building sites;
B. When these clustering requirements apply:
1. The applicant may create only as many residential building lots as would be permitted under the
minimum lot size provisions of sections 50-14.2, 50-14.3 or 50-14.4;
2. If the parcel does not have sewer service, the minimum lot size for residential use shall be two
acres and the maximum lot size shall be two- and-one-half acres. All new residential lots shall be
clustered in close proximity to each other on a portion of the property that complies with the siting
requirements of Section 50-21.2 so that the shortest line around the outer perimeter of all new
residential lots encloses an area of land that:
a. In the R-C district, totals less than 20 percent of the total parcel being
subdivided;
b. In the RR-1 district, totals less than 50 percent of the total parc el being
subdivided;
3. If the parcel has sewer service, the minimum lot size for residential use shall be one-half acre and
the maximum lot size shall be one acre. All new residential lots shall be clustered in close
proximity to each other on a portion of the property that complies with the siting requirements of
Section 50-21.2 so that the shortest line around the outer perimeter of all new residential lots
encloses an area of land that:
a. In the R-C district, totals less than 15 percent of the total parcel being
subdivided;
b. In the RR-1 district, totals less than 25 percent of the total parc el being
subdivided;
c. In the RR-2 district, totals less than 50 percent of the total parc el being
subdivided;
4. To the maximum extent practicable, existing historic rural features shall be preserved as part of
the cluster development. These features include but are not limited to rock walls, fences,
functional and structurally safe farm buildings, monuments and landscape features;
5. To the maximum extent practicable, in the R-C district, the clustered residential lots shall be
located so as to reduce visibility of residential development on the parcel when viewed from
public streets adjacent to the parcel;
6. To the maximum extent practicable, the portion of the parcel not occupied by clus tered residential
lots shall be contiguous, shall not be fragmented by public or private road easements unless no
other reasonable alternative exists, shall include any natural features listed in S ection 50-33. 2,
and shall connect with open space on neighboring parcels in order to connect habitats and
reduce fragmentation;
7. The portion of the parcel not occupied by clustered residential lots shall remain available for t he
use and benefit of the owners of the clustered residential lots, and need not be made available for
the use or benefit of the public;
8. The portion of the parcel not occupied by clustered residential lots shall be shown on the
preliminary and final plat, shall be owned and managed by a homeowners association and s hall
be encumbered through an easement, restrictive covenant, or other instrument suitable to the city
to ensure that that it will provide continuing visual or use benefits to the owners of clustered
residential lots and will not be developed until such time as the city may rezone all or a portion of
the development for more intensive development;

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50-33 Plats

9. The city may require the creation of a homeowner's association or other organization for
ownership and maintenance of those portions of the property not included in clustered residential
lots. (Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 121 (UDC 12/21)

50-33 Plats

50-33.6 Streets.
A. Alignment.
1. New streets shall align with the existing street network on the same general alignment if
practicable, unless the city engineer advises that an offset or alternate alignment is needed for
public safety or topography;
2. Streets shall intersect at approximately right angles wherever practicable, and intersection angles
less than 30 degrees shall be avoided;
3. On major and secondary streets the centerline radius of curvature shall be 350 feet. On minor
and local streets the centerline radius of curvature shall be 100 feet;
4. Cul-de-sacs are discouraged in new and replatted developments except where through streets
are not practicable due to site or topography constraints;
B. Grade.
1. Streets shall conform to existing contours as far as practicable so as to avoid grades in excess of
five percent on major and secondary streets and ten percent on minor and local streets. Changes
in grade shall be made by vertical curves of such length to meet the design speed of the road;
2. Where practicable, grades within 30 feet of street intersections, especially intersections on major
streets, should not exceed three percent;
3. Where practicable, horizontal and vertical curves shall not occur together;
C. Width.
1. Major streets shall be platted at those widths shown in the major street plan and collector and
local streets shall be platted not less than 66 feet, or 50 feet if there are no utilities, in right-of-way
width, except as noted in subsection 2 below;
2. Where the plat includes parkways, streets along railway rights-of-way, immediate or future grade
separations, bridges or viaducts, the city engineer shall specify the street width at the time of
platting based on considerations of public safety and land use efficiency;
3. Dead-end streets shall be provided with ample turning spaces at or near the closed ends.
D. Names.
Proposed streets that are direct extensions or continuations of existing streets shall be given t he s ame
names as those existing streets. Other streets shall not be given names that duplicate ex ist ing s treet
names or that may be confused with existing street names. The City Engineer shall review and approve
all proposed street names in all subdivisions that are submitted for Planning Commission review and
approval; (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10733, 1-11-2021, § 5)

50-33.7 Alleys and easements.

A. Alleys are encouraged in form districts and where the existing lot and block pattern in the
surrounding area contains alleys. Where allowed they shall be not less than 20 feet in width in residential
areas and 24 feet in width in commercial and mixed use areas;
B. Where no alleys are located, the city engineer may require easements, not less than ten feet on
each side of any lot line, for sewer, water, gas, telecommunications and other public or semi-public
utilities;
C. Regardless of whether alleys are provided, the city engineer may require that utility easements be
provided across platted lots if necessary for the proper provision of continuous routes for thos e ut ilities.
(Ord. No. 10044, 8-16-2010, § 6.)

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50-33 Plats

50-33.8 Land for public purposes.

A. The subdivider may be required to set aside lands to accommodate open s p ac es and s ites for
police stations, fire stations, schools or public utility facilities;
B. The amount of land required to be set aside or dedicated to the city or the school district shall not
exceed the proportionate share of the need for those facilities generated by the new development
indicated on the proposed plat. The proportionate share shall be established either (1) through one or
more formulas established by the city and generally applicable to development applications creating t he
need for the facility, or (2) an individualized review of the additional demands for city services or facilit ies
represented by the proposed plat, in relation to the proposed capacity of the facility to be construct ed on
the lands set aside;
C. Lands to be set aside for parks, trails or open space shall generally be located adjacent to, or
connect with, or allow access from, any similar open lands located on adjacent lands, unless the city
requests an alternate location for reasons of public health, safety or convenience;
D. The size and location of lands to be set aside for police stations, fire stations, s chools or ut ility
facilities shall be negotiated with the city or the agency providing those services. (Ord. No. 10044,
8-16-2010, § 6.)

50-33.9 Improvements required.

Each subdivider shall be required to design and install the following improvements within five years
following the approval of the plat, replat or registered land survey by the city. The city may enforce these
requirements through a development agreement or the requirement of financial security for t he required
improvements as described in Article V, Review and approval procedures.
A. All streets located within the boundaries of the tract being subdivided or replatted shall be graded
to established grade and surfaced with an approved material, in accordance with standards of the city
engineering department;
B. Storm sewers shall be constructed of sufficient capacity to drain the area in accordance with
standards of the city engineering department;
C. Culverts or bridges shall be built at points on watercourses crossed by streets ;
D. Sidewalks shall be constructed in accordance with Section 50-23;
E. All improvements to streets or public utilities shall be made in accordance with city cons truct ion
design standards and specifications, and shall be subject to the inspection by and approval of t he c it y
engineer. (Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 123 (UDC 12/21)

50-34 Maintenace and Operating Standards

50-34 MAINTENACE AND OPERATING STANDARDS.

50-34.1 General maintenance requirement.

When the standards and procedures of this Chapter require that any building or site feature be
constructed or installed, or when conditions attached to a special use approval, variance or zoning permit
approval require that building or site features be constructed or installed, the property owner shall be
responsible for maintaining those building or site features in good repair, and for replac ing t hem if t hey
are damaged or destroyed or, in the case of living materials, if they die after installation. In addition,
property owners shall be responsible for the additional maintenance, replacement and operating
standards set forth in this Section 50-34.
A. Maintenance of signs.
Any private sign, including any sign for which a permit is not required, that has become damaged,
dilapidated or dangerous shall be immediately, or within the time frame mandated by the building offic ial,
repaired or removed. If the paint on any sign has checked, peeled or flaked to the extent that the sign
cannot be read in whole or in part, the sign shall be repainted or removed. Signs that contain messages
that have become obsolete because of the termination of the use or business or product advertised, or for
some other reason, shall have such message removed within 60 days of its becoming obsolete;
B. Landscape maintenance.
Landscaped areas and plant materials required by this Chapter shall be kept free from refuse and debris .
Plant materials shall be maintained in a healthy growing condition and be neat and orderly in appearance.
If any plant material required by this Chapter dies or becomes diseased, it shall be replaced by the
property owner on or before October 1 of the year the dead or diseased planting is discovered or wit hin
the time frame mandated by the building official;
C. Temporary erosion and sediment control maintenance.
All temporary erosion and sediment control measures required by Section 50-18.1.E shall be maintained
as described in Section 50-18.1.E.4.
D. Stormwater management system maintenance.
All stormwater management systems required by Section 50-18.1.E shall be maintained as desc ribed i n
Section 50-18.1.E.8. (Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 124 ( UDC 12/21)

50-34 Maintenance and Operating Standards

50-34.2 Operating standards.

All structures, uses and activities in all zone districts shall be used or occupied so as to avoid creating any
dangerous, injurious, noxious or otherwise objectionable condition that would create adverse impac t s on
the residents, employees or visitors on the property itself or on neighboring properties. This responsibility
shall include but not be limited to the following:
A. Glare.
Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as
differentiated from general illumination, shall not be visible at any property line;
B. Noise.
All activities shall comply with state statutes and regulations;
C. Odors.
All activities shall comply with state statutes and regulations;
D. Smoke.
All activities shall comply with state statutes and regulations;
E. Vibration.
Operations shall cause no inherent and recurring generated vibration perceptible without ins truments at
any point along the property line. Temporary construction is excluded from this restriction;
F. Electromagnetic radiation.
It shall be unlawful to operate, or cause to be operated, any planned or intentional source of
electromagnetic radiation for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft
detection, topographical survey, personal pleasure or any other use directly or indirectly associat ed wit h
these purposes that does not comply with the current regulations of the FCC regarding suc h s ources of
electromagnetic radiation. However, in case of governmental communications facilities, governmental
agencies, and government owned plants, the regulations of the interdepartmental radio advisory
committee shall take precedence over the regulations of the FCC regarding those sources of
electromagnetic radiation;
G. Hazardous materials.
The storage and handling of flammable liquids, liquefied petroleum, gases and explosives s hall c omply
with all applicable regulations of the state. All applicable federal, state and local laws, rules and
regulations shall apply to the treatment, storage, transportation and disposal of any hazardous materials,
hazardous wastes or solid waste;
H. Materials and waste handling.
No person shall cause or permit any materials to be handled, transported or stored in a manner that
allows particulate matter to become airborne or liquid matter to drain onto or into the ground. All
materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible
by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable
trash containers that are screened in accordance with the requirements of this Code. Toxic and
hazardous materials and chemicals shall be stored, secured and maintained so that there is no
contamination of ground, air or water sources at or adjacent to the site. Provisions shall be provided s o
that all lubrication and fuel substances shall be prevented from leaking or draining onto the propert y . A ll
treatment, storage, disposal or transportation of hazardous waste shall be in conformance with all federal
and state statutes, codes and regulations. All sewage and industrial wastes shall be treated and
disposed of in such a manner as to comply with the water quality standards applicable to the classification
assigned to the receiving water by the city, the state and the U.S. environmental protection agency;

Article 4, Page 125 (UDC 12/21)

50-34 Maintenace and Operating Standards

H. Nuclear radiation.
Research operations shall cause no radiation at any property line that violates any regulation of the U . S .
nuclear regulatory commission;
I. Nuisance prohibited.
All structures and land uses within the city shall be constructed, used, operated and maintained in such a
manner so as to be free of nuisances, as defined in state law. (Ord. No. 10044, 8-16-2010, § 6.)

Article 4, Page 126 ( UDC 12/21)

50-35 Summary Table

ARTICLE FIVE. ADMINISTRATION AND PROCEDURES.

This Section is intended to comply with all applicable provisions of MSA Chapter 462, as amended, and
shall be interpreted to comply with those provisions wherever possible.

50-35 SUMMARY TABLE.

Table 50-35-1: Procedures Summary Table

Type of Application Review, Decision, & Appeal Authority
R = Review D = Decision

Public Notice Required

Heritage Preservation

Planning Commission
Land Use Supervisor
A = Appeal <> = Hearing

Pre-Application

Commission

Final Action
N = Newspaper Notice

Required

Council
Staff
S = Sign Notice M = Mail Notice

RES = Resolution
ORD = Ordinance
AL= Action Letter
COA = Certificate of Appropriateness
Com prehensive Land Use Plan
Am endm ent Text Amendment N R <R> D RES
Am endm entAdoption/Am Mapendment
Amendment N, M R <R> D RES
UDC Text or Zoning Map Am endm ent
Text Amendment N R <R> D ORD
Map Amendment N, S, M* ✓ R <R> D ORD
District Plan Adoption/Am endment S ✓ R <D> <A>
Subdivision Plat Approval
Concept Plan ✓ R **
Preliminary Plat N, S, M ✓ R <D> AL
Final Plat R <D> AL***
Minor Subdivision/Registered Land
R <D> AL***
Survey
Vacation of Street S, M ✓ R <R> D RES
Concurrent Use of Streets Perm it S ✓ R <R> D ORD
Historic Resource Designation M <R> R D ORD
Variance S, M ✓ R <D> <A> AL
Special Use Perm it S, M ✓ R <D> <A> AL
Interim Use Perm it S, M ✓ R <D> <A> AL
Planning Review
General Planning Review D <A> AL
Planning Commission Review When
required in MU-C, MU-W, MU-I Zoning S, M ✓ R <D> <A> AL
Districts and HE-O Overlay District
Tem porary and Sidew alk Use Perm it D <A> AL
Zoning Perm it**** D <A> AL
Historic Construction/Dem olition S <D> <A> COA
Perm it
Wetland/WCA Perm its D <A> AL
*Mailed notice is required to affected property owners within 350 ft. when the amendment involves changes in d i st ri ct b o un da ri es
affecting an area of 5 acres or less. ** Planning staff will provide applicant with a preapplicaiton verification.
*** Applicant must provide documentation that the plat or RLS has been recorded with the county.
**** This category includes shoreland permit, erosion and sediment control permit, sign permit, fence permit a n d a i rp ort e n viro n s
permits. Appeals of airport environs permits related to Duluth International Airport are heard by the airport board of adjustment.
(Ord. No. 10041, 8-16-2010, § 8; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 46; Ord.
No. 10192, 12-17-2012, § 12; Ord. No. 10286, 3-10-2014, § 17; Ord. No. 10303, 6-9-2014, § 1; Ord. No.
10509, 6-12-2017, §4; Ord. No. 1077, 11-25-2021, §6)

Article 5, Page 1 (UDC 12/21)

50-36 Review ers and Decision Makers

50-36 REVIEWERS AND DECISION-MAKERS.

50-36.1 Council.
The council is the governing body of the city, with all of those powers granted by the s t ate and t he Cit y
Charter. In the context of this Chapter, the council has the following powers.
A. To adopt the comprehensive land use plan and to approve all amendments to it pursuant to
Section 50-37.2;
B. To adopt the text, amendments to that text, and interim ordinances related to this Chapter
pursuant to Section 50-37.3;
C. To adopt the official zoning map and all amendments to it pursuant to Section 50-37.3;
D. To approve the vacation a public street pursuant to Section 50-37.6;
E. To approve the concurrent use of a public street pursuant to Section 50-37.7;
F. To approve historic resource designations pursuant to Section 50-37.8;
G. To hear appeals of decisions of the planning commission pursuant to Section 50-37. 1.O. (Ord.
No. 10044, 8-16-2010, § 6; Ord. No. 1077, 11-25-2021, §7)

50-36.2 Planning commission.

A. Creation.
The planning commission is that body authorized by MSA 462.354 and created by Ordinance 1809. In
addition, the council hereby designates the planning commission as the board of adjustment authoriz ed
by MSA 462.354 and Section 27 of the City Charter. The planning commission shall have all powers
authorized for a planning commission or a board of adjustment under the state law and t his Cit y Code.
Procedures before the planning commission shall be governed by rules and regulations adopt ed by t he
commission. This Section is intended to comply with the provisions of MSA 462.354 as amended, and
Section 27 of the City Charter, and shall be interpreted to comply with those provisions wherever
possible;
B. Membership and terms.
Except as provided by Ordinance 9985, the planning commission shall consist of nine members , all of
whom shall be citizens of the city and none of whom shall be a paid city employee, and all of whom s hall
be appointed by the mayor and with the consent of the council, and all of whom shall make and file wit h
the city clerk an oath and affirmation as provided in Section 28 of the city Charter. Members shall be
appointed for a term of four years, and the terms shall be staggered in accordance with Ordinance 9985.
Vacancies shall be filled by appointment for the unexpired term only. Members of the board s ha ll s erve
without compensation;
C. Meetings and proceedings.
1. All hearings of the planning commission shall be public and shall occur after 5:00 p.m.;
2. The concurring vote of a majority of the members of the commission shall be sufficient to exercise
any power granted to the planning commission by this Chapter;
3. The commission may delegate to a committee of the commission or to its secretary specific
review and approval activities provided that it provides written criteria to guide the performance of
the delegated duties, and the decisions made by the committee or secretary will be c onsidered
decisions of the commission;

Article 5, Page 2 (UDC 12/21)

50-36 Review ers and Decision Makers

D. Powers.
Except as otherwise provided in this Chapter or other law, the planning commission shall have the
following powers within all zone districts:
1. Appeals.
To hear and decide appeals where an applicant alleges an error in any order, requirement, permit or
decision made by the land use supervisor or the building official in the enforcement of any provisions
of this Chapter, pursuant to Section 50-37.1.O. In the case of each appeal, the commission shall
make written findings of facts and conclusions of law giving the facts upon which it acted and its legal
conclusions from such facts;
2. District plans.
To approve, approve with modifications, or deny applications for approval of a district plan in those
districts where approval of such a plan is required prior to development, pursuant to Section 50-37.4;
3. Subdivision plats.
To approve, approve with modifications, or deny preliminary and final plats for the subdivision of land
pursuant to Section 50-37.5 and in accordance with the state law;
4. Variances.
To approve, approve with modifications or deny applications for variances to the provisions of this
Chapter as provided in Section 50-37.9;
5. Special use permits.
To approve, approve with conditions or deny applications for a special use permit pursuant to Section
50-37.10;
6. Planning review for certain districts.
Planning review in the MU-N, MU-C, MU-I and MU-W districts pursuant to Section 50-37.11;
7. Review and recommendation.
To review and comment on any application for which a review role for the commission is shown in
Table 50-35-1. (Ord. No. 10041, 8-16-2010, § 9; Ord. No. 10044, 8-16-2010, § 6.)

50-36.3 Heritage preservation commission.

A. Creation.
Pursuant to Minnesota Statute 471.193, there is hereby created and established a city of Duluth herit age
preservation commission, hereinafter called the "commission." The commission shall have the
responsibility of recommending to the city council the adoption of ordinances designating areas , places ,
building structures, works of art or other objects having special historical, cultural or architectural int erest
for the community as historical preservation landmarks or districts;
B. Membership and terms.
The commission shall consist of seven voting members, all of whom are to be citizens of the c it y, five of
whom will be appointed by the mayor with the approval of the council; one will be appointed by the county
historical society, and one will be appointed by the planning commission. Members shall be persons who
have demonstrated an interest in the historical, cultural or architectural development of t he c it y or who
own property within a historic preservation district. At least two of the five members appointed by the
mayor shall be preservation-related professionals;

Appointments shall be for a term of three years. In the event of a vacancy, the vacancy for the unexpired
term shall be filled in the same manner as the appointment was originally made. Members s hall s erve
without compensation and shall continue to hold office until their successors have been appoint ed a nd
confirmed;

Article 5, Page 3 (UDC 12/21)

50-36 Review ers and Decision Makers

C. Powers.
The heritage preservation commission shall have the following powers:
1. Recommendation of historic preservation sites and districts to the city council;
2. Approve, approve with conditions or deny applications for historic construction and demolition
permits pursuant to Section 50-37.14;
3. Recommend historic preservation guidelines specific to a landmark or district;
4. Make an annual report to the state historic preservation officer by October 31 of each year;
5. Conduct continuing survey of all areas, places, buildings, structures or similar objects in the city
that the commission, on the basis of information available or presented to it, has reason to
believe are or will be eligible for designation as historic preservation landmarks or districts;
6. Work for the continuing education of the citizens of the city with respect to the historic and
architectural heritage of the city and keep current and public an official list of designated historic
preservation landmarks and districts;
7. The commission may retain the services, on a permanent or part-time basis, of technical experts
and other persons as may be required to perform the commission’s duties;
8. The commission shall have authority to solicit gifts and contributions to be made to the city and to
assist in the preparation of applications for grant funds to be made to the city for the purpose of
historic preservation;
9. The commission may recommend to the planning commission and council that certain properties
eligible for designation as historic preservation landmarks or districts be acquired by gift, by
negotiation or other legal means;
10. Upon final designation of a historic preservation landmark or district, adopt historic preservation
guidelines specific to the landmark or district. Such guidelines shall detail allowable architectural
and/or site modifications, essential features to be retained and any other criteria by which future
proposals for modifications shall be judged. The United States secretary of the interior standards
for treatment of historic properties shall be among the standards used to create such a program.
These guidelines are intended to provide assurance to owners of properties within historic
preservation landmarks or districts that any permit review process will be based on clear and
objective standards rather than the taste of individual commission members;
11. The commission may nominate a historic preservation landmark or district to the national register
of historic places, but only with the consent of the council. (Ord. No. 10041, 8-16-2010, § 10;
Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 47; Ord. No. 10225, 5-28-2013, §
9.)

50-36.4 Land use supervisor.

The land use supervisor is that individual responsible for administ ration of all aspects of this Chapter
where specific authority has not been delegated to another city official or employee, and is responsible for
exercising those powers to implement adopted plans through the review of applications described in MSA
462.356 subdivision 2 and MSA 462.359. The land use supervisor may delegate specific responsibilities
to any individual city employee under the supervisor’s management, but shall remain respons ible for all
decisions made by those employees. Except as otherwise provided in this Chapter or other law, the land
use supervisor’s authority shall extend to all zone districts . The land use supervisor’s authority shall
include, but shall not be limited to, the following:
A. Planning review.
To approve, approve with modifications or deny applications for planning review pursuant to
Section 50-37.11;
B. Temporary and sidewalk use permit.
To approve, approve with modifications or deny applications for approval of a temporary or
sidewalk use permit pursuant to Section 50-37.12;
C. Review and recommendation.
To review and comment on any application for which a review role for the land use supervis or is
shown in Table 50-35-1;

Article 5, Page 4 (UDC 12/21)

50-36 Review ers and Decision Makers

D. Application manual and administrative procedure.

To prepare an applications manual and adopt administrative procedures to implement this
Chapter. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 48.)

50-36.5 Building official.

The building official shall be responsible for ensuring that applications for the following permits and
approvals are only issued if the application complies with (a) the provisions of this Chapter, as such
provisions may have been modified by any variance approved by the planning commission, and (b) any
district plan approved by the planning commission and applicable to the area where the permit or
approval is sought. The building official may delegate specific responsibilities to any individual city
employee under the official’s management, but shall remain responsible for all decisions made by t hos e
employees. Except as otherwise provided in this Chapter or other law, the building official’s authority
shall extend to all zone districts. The building official’s authority shall include, but shall not be limit ed t o ,
the following:
A. Zoning permits.
Approve, approve with conditions or deny applications for zoning permits pursuant to Section 50-37. 13.
Conditions shall only be applied to bring the application into conformity with this Chapter and related
administrative regulations. In the administration of the State Building Code on projects where no permit is
required under this Chapter, the building official shall, to the extent feasible and practical, utilize the
erosion and sediment practice specifications as guidelines for adequate erosion control;
B. Airport environs permit.
Serve as the zoning administrator for the Duluth International Airport pursuant to the zoning regulat ions
enacted by the joint airport zoning board and pursuant to MSA 360.063, subd. 3;
C. Building permits.
Approve, approve with conditions or deny applications for building permits pursuant to Section 50-37. 15.
Conditions shall only be applied to bring the application into conformity with this Chapter, the applicable
building code(s) and related administrative regulations;
D. Certificates of occupancy.
Approve, approve with conditions or deny applications for certificates of occupancy pursuant t o S ect ion
50-37.16. Conditions shall only be applied to bring the application into conformity with this Chapt er, t he
applicable building code(s) and related administrative regulations. (Ord. No. 10044, 8-16-2010, § 6.)

50-36.6 Other departments.

Additional departments of the city may be consulted regarding any application under this Chapter, or
regarding the potential impacts of the proposed activities or structures covered by an applicat ion, at t he
discretion of the building official, the land use supervisor, the historic preservation commission, the
planning commission or council.

Notices to consider variances, amendments, or special uses under shoreland standards will be s ent t o
the DNR commissioner or the commissioner’s designated representative at least ten days before public
hearings. Notices of hearings to consider proposed plats will include copies of the plats.

A copy of approved amendments and plats, and final decisions granting variances or special uses under
shoreland standards will be sent to the DNR commissioner or the commissioner’s designated
representative within ten days of final action. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10075,
1-24-2011, § 2.)

Article 5, Page 5 (UDC 12/21)

50-37 Review and Approval Procedures

50-37 REVIEW AND APPROVAL PROCEDURES.

50-37.1 Common procedures and requirements.

A. Pre-application meetings.
A pre-application meeting is an informal discussion between a potential applicant, interested citiz en, c ity
staff and the heritage preservation commission (if applicable) regarding a possible project subject t o t his
Chapter. The purpose of the pre-application meeting is to assist the applicant by identifying the t ypes of
approval needed to complete the project, application material and impact studies required, applicable
comprehensive plan provisions and applicable review criteria. A pre-application meeting may include a
site visit at the request of the city. Pre-application meetings are required for the following types of
applications:
1. UDC zoning map amendment;
2. District plan adoption or amendment;
3. Subdivision concept plan;
4. Vacation of street;
5. Concurrent use of streets permit.
6. Historic resource designation;
7. Special use or interim use permit;
B. Authority to file applications.
1. A property owner or a contract purchaser may apply for any type of permit or approval unless a
more specific application is stated in this Section 50-37.1.B or in sections 50-37.2 through 16
below. In the event of a conflict between the provisions of this Section 50-37.1.B and the
provisions of sections 50-37.2 through 16, the provisions of sections 50-37.2 through 16 shall
govern;
2. An agent of the property owner, or a resident of the property, may apply for any type of permit or
approval provided the agent or resident has written authority of the property owner to do so;
3. Applications for designation of a historic resource are governed by Section 50-37.8;
4. Any person may request an interpretation of this Chapter, and the land use supervisor may issue
interpretations of this Chapter as needed and shall post issued interpretations on the city web
site;
C. Application materials and fees.
1. Each application for a permit or approval, or for a modification of a permit or approval, pursuant to
this Chapter, shall include all those application materials listed for that type of application or
modification listed in the UDC application manual for this Chapter and a fee in the amount listed
for that type of application or modification shown in the latest schedule of fees approved by
council;
2. The city may reject applications not meeting the requirements of this Chapter, the UDC
application manual, or as required or authorized by MSA 15.99;
3. Any and all representations made by the applicant to the city on the record during the application
process, whether written or verbal, shall be deemed a part of the application and may be relied
upon in good faith by the city;
4. The schedule of fees shall be adopted from time to time by the council by resolution, pursuant to
Section 31-6 of the Code, to defray estimated staff costs and expenses of processing
applications;
5. The schedule of fees may provide for additional fees if an applicant submits more than two
applications that are incomplete, pursuant to Section D below, for the same proposed
development;
6. All fees are non-refundable regardless of whether the applicant withdraws the application prior to
a decision or whether the application is approved, approved with conditions or denied;

Article 5, Page 6 (UDC 12/21)

50-37 Review and Approval Procedures

D. Determination of completeness.
A determination of completeness shall be made for each application pursuant to MSA 15.99;
E. Inactive complete applications.
If an application has been determined to be complete, but review of the application reveals possible
additional impacts on the surrounding area, any request by the city for additional materials necess ary t o
evaluate those impacts shall comply with the provisions of MSA 15.99;
F. Withdrawal of applications.
An applicant may withdraw an application at any time prior to a decision by the city by filing a written
request to withdraw the application with the city. Any resubmission is subject to the provisions of
subsection 50-37.1.G below. If the application is later resubmitted, it shall be treated as a new application
for purposes of review and scheduling. Any fees paid for a withdrawn application shall not be refunded;
G. Successive applications.
If an application pursuant to this Chapter has been denied by the city, an application requesting the same
or essentially the same approval shall not be accepted during the next 12 months. This prohibition does
not apply to proposals initiated by the city.
H. Public notice.
1. Types of notice.
The city uses one or more of the following methods to notify the public about pending applications
where there is an opportunity for public comment on the application. The type(s) of notice
provided for different types of applications are shown in Table 50-35-1.
(a) Newspaper notice means the publication of one notice in a newspaper of general
circulation within the city at least ten days before the date of the public hearing, except in
the case of amendments to the text of this Chapter or zoning map, in which case the
notice shall be published at least once each week for three successive weeks before the
date of the public hearing;
(b) Mailed notice means a letter mailed by first class mail to property owners within 350 feet
of the applicant’s parcel at least ten days prior to the date of the public hearing. In t he
case of an application for vacation of a street, the notice shall be mailed to the owners of
all properties abutting (a) the portion of the street proposed to be vacated, and (b) the
portion of that street extending 350 feet from the ends of the portion proposed to be
vacated. In the case of an application for rezoning an area of five acres or less, the
notice shall be mailed to each property owner in the area to be rezoned and each owner
of property located partly or entirely within 350 feet of the area to be rezoned. Failure t o
give mailed notice as required by this Section or any defect in the notice given s hall not
invalidate any action of the planning commission or council, provided that a bona fide
attempt to comply with this Section has been made;
(c) Sign notice means a sign with minimum dimensions of 24 inches by 30 inches posted as
close as reasonably possible to each street frontage on the applicant’s property wit h t he
text between three and five feet above grade level, with a title line reading “Zoning
Notice” in letters at least three inches tall, and with the remainder of the text in lett ers at
least 1/2 inch tall. Each sign must be posted at least two weeks before t he dat e of t he
public hearing, and must remain in place and legible through the date of the public
hearing as shown on the sign. If the sign will not be legible at the stated height due t o
snow accumulations it may be placed higher, but at the lowest elevation that wil l be
legible to the public. If snow obscures the sign during the posting period, the snow shall
be removed and/or the sign shall be relocated so as to be legible within 24 hours after
snowfall ends. Evidence produced at or before the public hearing that one or more of the
required signs were not in place or legible throughout that period shall be grounds for
postponement of the public hearing and a requirement to repost the property. Required
signs may not be posted in any portion of the public right-of-way;

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50-37 Review and Approval Procedures

2. Content of notice.
Each required notice shall include the following information:
(a) The name of the applicant;
(b) The address of the property;
(c) A narrative description of the project including the proposed land uses, size (in square
feet) and height (in feet and stories) of any proposed buildings or building expansions;
(d) The type of permit or approval being sought;
(e) Contact information where additional information can be obtained from the applicant
(which may be an address, telephone number, web site, or e-mail address or other
electronic site or method);
(f) Contact information for the assigned city staff member;
(g) The date, time and place of the public hearing;
3. Special notice provision for appeals.
In the case of an appeal to the planning commission or council pursuant to Section 50-37.1.O,
mailed notice shall be provided to any interested parties that were notified of the original
application and the right to receive notice of any appeal, and who have notified the city in writing
that they would like to receive notice of the appeal;
I. Public hearings.
1. Public hearings before the planning commission and public hearings before the council on
matters related to this Chapter shall be conducted pursuant to rules and practices established by
each of those bodies and in compliance with state law;
2. Attendance shall be open to the public;
3. All hearing and decision timeframes shall comply with MSA 15.99;
J. Review criteria.
1. The planning commission shall approve or recommend approval of an application if it makes a
written finding that:
(a) The application is consistent with the adopted comprehensive land use plan, as that plan
may have been amended after adoption;
(b) The application complies with all applicable requirements of this Chapter, as those
requirements may have been varied through a variance approved pursuant to Section 50-
37.9;
(c) The application complies with all additional approval criteria listed in Section 50-37.2
below;
2. If the planning commission determines that the criteria in subsection 1 have not been met, the
commission shall deny or recommend denial of the application or approve it with conditions to
bring the application into conformance with the above criteria;
3. The council is encouraged, but not required, to make decisions on applications under this
Chapter pursuant to the criteria listed in subsection 1. In no case may the city’s final action result
in the approval of a use variance;
4. The applicant bears the burden of proof that an application complies with all applicable s tandards
and criteria in this Chapter;

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50-37 Review and Approval Procedures

K. Conditions on approval.
1. As an alternative to denying an application, the building official and the land use supervisor are
authorized to approve applications with conditions necessary to bring them into compliance with
the requirements of this Chapter or with any previously approved district plan for the property;
2. As an alternative to denying an application, the planning commission is authorized to recommend
or impose conditions on approvals that it determines are necessary to (a) bring the application
into compliance with the requirements of this Chapter, the purposes of the zone district where the
property is located or any previously approved district plan for the property, or (b) prevent or
minimize adverse effects upon surrounding areas or upon public facilities and services;
3. All conditions imposed on approved applications shall be reasonably related to the anticipated
impacts of the proposed development or land use and to the purposes of this Chapter;
4. In the case of decisions made by the planning commission or council, where mitigation of the
impacts of a proposed plan or development requires an applicant to dedicate land or pay money
to a public entity in an amount that is not calculated according to a formula applicable to a broad
class of applicants, any condition imposed shall be roughly proportional both in nature and extent
to the anticipated impacts of the proposed development, as shown through an individualized
determination of impacts;
5. Any conditions on approved applications shall be listed in or attached to the approval document,
and violation of any approved condition shall be a violation of this Chapter;
L. Administrative adjustments.
Where an application concerns development or redevelopment of a lot and the applicant demonst rates
practical difficulty in designing the redevelopment to comply with all requirements of this Chapter, the land
use supervisor is authorized to approve applications that diverge from the requirements of this Chapter in
up to two of the following ways:
1. The front, side or rear setback of a new or modified structure is one foot smaller than the
minimum setbacks required by this Chapter;
2. For properties zoned Residential-Traditional (R-1) or Residential-Urban (R-2), and have a lot
frontage of 40 feet of less, the corner side yard setback is no less than five feet smaller than t he
minimum setback required by this Chapter;
3. The front, side, or rear setback for a new or modified city operated utility structure on existing
utility lines is no less than five feet;
4. The height of a new or modified structure is no more than two feet taller than the maximum
allowed by this Chapter;
5. For properties where Section 50-24 requires more than three off street parking spac es, and t he
property does not contain a single-family residential structure (regardless of the use of that
structure) the site may contain three less parking space than the minimum t hat is required, or
may contain five more parking space than the maximum allowed in Section 50-24.4;
6. Handicap accessibility structures can encroach into the yard setbacks when such structures
comply with the Minnesota State Building Code;
7. For properties where Section 50-21.2 requires improved street frontage, exceptions limiting t he
street improvement to no more than 50 feet in length may be granted if the land us e s upervis or
determines that further extension of the street is not anticipated due to topography,
comprehensive land use plan or utility availability;
8. For properties where Section 50-21.2 requires that not more than 30 percent of the rear y ar d be
occupied by any one accessory structure, exceptions may be granted for an accessory struct ure
to occupy up to 40 percent of the rear yard;
9. The area of a new or modified sign is no more than ten percent larger than the maximum allowed
by Section 50-27;
10. Where the Land Use Supervisor determines that a residentially -zoned property meets the
eligibility requirements for a variance in Section 50-37.9.G.1.A, an administrative adjustment may
be granted to allow parking to encroach into the front yard where parking is prohibit ed by Table
50-24-3 with the following conditions:

Article 5, Page 9 (UDC 12/21)

50-37 Review and Approval Procedures

(a) The adjustment shall allow parking to encroach up to 4 feet into the front yard where
parking is prohibited by Table 50-24-3;
(b) A wall, fence or dense vegetative screen at least 3 feet tall and at least 75% opaque must
be provided to screen parked vehicles from view of abutting properties and the street,
where screening the street view is possible;
(c) Barriers must be installed to prevent vehicles from overrunning the parking and driveway
areas; such barrier may be a fence, wall or raised curbing (or concrete parking bumpers
when secured to the underlying pavement);
(d) A placard with a diagram no less than 5 inches by 7 inches showing the location and
arrangement of parking spaces shall be visible at all times from the exterior of the
dwelling; such placard shall be on all-weather media and installed on the front exterior
door at an elevation of between 2 feet and 6 feet above the threshold;

M. Modifications of approvals.
1. Application.
An applicant who has received a permit or approval from the city pursuant to this Chapter may
apply to modify that approval pursuant to this Section 50-37.1. An application for a modification
shall be made to the building official, who shall determine whether it requests a minor or major
modification pursuant to the criteria in subsections 2 or 3, as applicable;
2. Minor modifications.
Minor modifications are those that (a) relate to redevelopment of a single building on one or more
existing platted lot(s), (b) qualify as administrative adjustments pursuant to subsection 50-37.1.L
or (c) that the city determines are otherwise consistent with any district plan approved for the
zone district where the property is located. Applications for minor modifications may be approved
by the city if it determines that the applicant would have practical difficulties designing or
constructing the project without the minor modification. However, the city may require that an
application meeting the criteria for a minor modification be treated as an application for a major
modification if it determines that the application raises a significant public controversy on which
numerous parties other than the owner of the property may want to offer testimony;
3. Major modifications.
Major modifications are those that do not qualify as administrative adjustments pursuant to
subsection 50-37.1.L or minor modifications pursuant to subsection 2 above. Applications for
major modifications shall be treated as a new application for an approval of the same type being
modified. However, if the city determines that an application for modification is not consistent
with a district plan applicable to the property, and that the inconsistency may materially and
adversely affect other property owners subject to the same district plan, the city may require that
the applicant obtain approval of a revised district plan instead of a major modification. In the case
of a major modification involving a natural resources permit, the city may require additional
reports and data necessary to evaluate the impacts of the modification;

Article 5, Page 10 (UDC 12/21)

50-37 Review and Approval Procedures

N. Lapsing of approvals.
Some permits and approvals issued pursuant to this Chapter shall lapse and be of no further force or
effect if the action approved in the permit or approval does not begin within a specific period of t ime, as
listed below:
1. Approved preliminary plats for subdivision shall lapse unless a complete application for a final plat
of at least 50 percent of the land covered by the preliminary plat is submitted within one y ear of
the preliminary plat approval. Approved final subdivision plats shall lapse unless the approved
final plat is recorded within two years after approval;
2. Approved minor subdivisions and boundary line adjustments shall lapse unless rec orded wit hin
180 days of approval;
3. Approved vacations of streets shall lapse unless a plat showing the vacation is recorded with t he
office of the county recorder within 90 days after final approval;
4. Approved planning reviews, zoning permits, special use permits, interim use permits, concurrent
use of street permits, sidewalk use permits and variances shall lapse if the project or activity
authorized by the permit or variance is not begun within one year of the permit date. The building
official may extend this period one time for a period of up to one year if the property owner
presents a written request showing the reasons for the delay was outside the owner’s control;
5. Erosion and sediment control permits (ESCP) shall lapse one year after approval if all
construction activities are not completed or the entire site is not fully stabilized wit h 70 perc ent
successful establishment of vegetation. In case of a lapse of the ESCP, a new permit shall be
obtained;
6. Approved building permits shall lapse one year after issuance unless construction has begun by
that date;
7. The MS-4 statement of compliance and accompanying drainage report will be valid for two y ears
from the date of approval. If permanent stormwater facilities (BMPs) are not fully constructed and
operational within two years, and extension of one year may be granted if a written request is
submitted and approved by the city engineer. The written request should document the reas ons
for the extension and the current state of completion of the project;
O. Appeals.
This Section is intended to comply with the provisions of MSA 462.357 and MSA 360.068 as amended,
and shall be interpreted to comply with those provisions wherever possible.
1. General provisions for appeal to planning commission.
(a) Except as noted in subsection 2, any person aggrieved by, or any department of the c ity
affected by, any decision of any city official engaged in the administration or enforcement
of this Chapter may appeal that decision to the planning commission. The appeal mus t
be filed within ten days after the decision by filing with the land use supervisor a writ t en
notice of appeal addressed to the commission and specifying the grounds of the appeal;
(b) If the appeal relates to a decision regarding the zoning of an airport or the Airport Overlay
district, any person aggrieved by the decision, any taxpayer affected by the decision and
any governing body of a municipality, county or airport zoning board, that believes the
decision is an improper application of this Chapter as it concerns that governing body or
board may appeal that decision to the airport board of adjustment. The appeal mus t be
filed within ten days after the decision by filing with the building official a written notice of
appeal addressed to the board and specifying the grounds of the appeal. If the appellant
is a person aggrieved or a taxpayer affected by the decision regarding the z oning of an
airport or the Airport Overlay district, the applicant shall submit an appeal to the city clerk
in the manner set forth in Minnesota Statutes 360.068, Subdivision 2. All appeals s hall
be pursuant to and consistent with the procedures in the Duluth International Airport
Zoning Ordinance adopted by the city and four other jurisdictions, and in the event of an
inconsistency between that Airport Zoning Ordinance and this Chapter, the provisions of
the Airport Zoning Ordinance shall govern;
(c) The land use supervisor shall promptly transmit to the commission, or to the airport board
of adjustment, as applicable, the documents and records related to t he decision being
appealed;

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50-37 Review and Approval Procedures

(d) A timely appeal shall stay all proceedings involved in the appeal; and no appeal s hall be
deemed to permit the appellant to do or to continue doing, directly or indirectly, any act or
thing prohibited by the decision being appealed. However, if the land use supervisor
notifies the planning commission in writing that a stay would cause imminent peril t o life
or property, and provides written reasons for that opinion, the planning commission may
order that proceedings not be stayed pending appeal;
(e) The commission shall fix a time for a hearing on the appeal, shall provide notice of the
hearing pursuant to Section 50-37.1.H, and shall hold a public hearing pursuant to
Section 50-37.1.I;
(f) Any party may appear at the hearing in person, by agent or by attorney. Not ic e of t he
decision of the board shall be mailed to the appellant;
(g) If the appeal alleges that the boundaries of a wetlands or shorelands area on the Natural
Resources Overlay map in Section 50-18.1 are in error, the appellant shall bear the
burden of proving the map erroneous by the production of clear and convincing technical
evidence;
2. Exceptions.
(a) An appeal from any decision regarding the interpretation or application of sign regulations
in subsections 50-27.1.I, No safety obstructions, 50-27.1.L, Attachment to buildings, 50-
27.1.M, Wind pressure design, 50-27.1.N, Electrical wiring, or 50-27.1, Certification of
structural engineer, must be taken to the state building official as provided in t he S t at e
Building Code;
(b) An appeal from a decision regarding a building permit must be taken to the building
appeals board created in Article IV of Section 10 of the City Code or to the state building
official;
(c) An appeal from any decision under the housing code provisions in Section 50-32 of t his
Chapter must be taken to the building appeals board;
(d) If an applicant believes that the decision of staff regarding compliance with the
requirements of the SP-O zone district is incorrect or deprives the applicant of the
reasonable use of his or her property, or is unreasonable given the size and shape of t he
property and its orientation to the protected views, the applicant may reques t review of
the decision by the planning commission. The planning commission’s review shall be
based on the purpose and standards of this Section, but may authorize variations to
those standards, in accordance with the procedures in Article V of this Chapter, if unusual
site conditions not generally shared along Skyline Parkway make c ompliance wit h t he
standards unreasonable or ineffective to protect the intended views of Lake Superior, the
St. Louis River and the harbor;

3. Powers of planning commission on appeal.

(a) The planning commission shall consider the record of the application and any test imony
presented at the hearing regarding the application of this Chapter to the applicat ion and
shall affirm, modify or reverse the decision appealed, and may make any orders,
requirements, decisions or determinations that the land use supervisor could have made
regarding the application;
(b) In hearing permitted appeals of decisions regarding the sign regulations in Section 50-27,
the planning commission shall have only the power to affirm, reverse or modify the
decision of the land use supervisor;
(c) In the case of an appeal regarding the application of the NR-O Natural Resources
Overlay district, no relief shall be granted that violates the limitations on variances
applicable to that district;
(d) The decision of the planning commission shall be final unless a further appeal is filed
pursuant to subsection 4 below;
4. Appeals of planning commission decisions to council.
(a) Except as provided in subsection 5 below, any person aggrieved by, or any depart ment
of the city affected by, any decision of the planning commission may appeal that decision
to the council;

Article 5, Page 12 (UDC 12/21)

50-37 Review and Approval Procedures

(b) Any appeal must be filed within ten days after the planning commission’s decision by
filing with the city clerk a written notice of appeal addressed to the council and specifying
the grounds for the additional appeal;
(c) The filing of a notice of appeal shall stay all proceedings in furtherance of the decision
appealed from. However, if the land use supervisor notifies the council in writ ing t hat a
stay would cause imminent peril to life or property, and provides written reasons for t hat
opinion, the council may order that proceedings not be stayed pending appeal;
(d) The council shall hear the appeal at the next scheduled meeting with time available, and
may affirm, modify or reverse the board's decision, and may make any orders,
requirements, decisions, or determinations it deems appropriate regarding the appeal;
(e) No decision on an appeal or variance shall have the effect of allowing a use that is not a
permitted or special use in the zone district where the property is located;
(f) If the appeal is regarding an application in any district where the approval of a district
plan is required or requested prior to development, the council shall only approve
development plans if it finds that the requirements for the district plan in that dist rict will
be satisfied;
5. Appeal of planning commission decisions to the courts.
(a) In the case of an appeal regarding the zoning of an airport or an Airport Overlay dis t ric t ,
the appeal shall proceed pursuant to applicable state law and shall be perfected within 60
days after the decision appealed from is filed in the office of the planning commission;
(b) In case of decisions appealable to the district court pursuant to MSA 462.361, the appeal
shall be perfected in 60 days after the decision appealed from is filed in the offic e of t he
planning commission;
(c) All other appeals not otherwise provided for above shall be pursuant to MSA 606.01;
6. Appeals of heritage preservation commission decisions to council.
Where applicable, subsection 50-37.1.O.4 shall apply of heritage commissions decisions, when
appealable to city council;

(Ord. No. 10723, 12-14-2020, § 8)

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50-37 Review and Approval Procedures

P. Security for improvements.

1. If the provisions of this Chapter or conditions attached to a permit or approval under this Chapt er
require the applicant to construct or make improvements to the property, to protect the city or
adjacent property owners from injury or damage, or to return the property to a s tat ed condition
following the completion of operations or construction, and those actions have not been
completed, then the city shall require the applicant to post security to ensure that those
improvements are made in a timely manner, and that if the applicant fails to make those
improvements the city will have adequate funds on hand to complete the improvem ents at the
applicant’s expense;
2. Security shall be posted in a form acceptable to the city, which may include but are not limited t o
cash, a promissory note, a letter of credit issued by a financial institution acceptable to the city, or
a performance bond issued by a financial institution acceptable to the city. The security shall be
in an amount equal to 110 percent of the estimated cost for the city to complete the
improvements;
3. The city shall release posted financial security upon confirmation by the building official t hat t he
required improvements have been constructed in accordance with all applicable design and
construction standards. In the case of any improvements to be dedicated to the city, the city shall
release posted financial security upon acceptance of the improvements by the city. At the
discretion of the building official, partial releases of financial security may be made after
construction or dedication of some but not all of the required improvements, but financial security
equal to 110 percent of the estimated cost of for the city to complete the improvement s shall be
retained;
4. As an alternative to requiring the posting of financial security, the city may authorize the issuance
of a temporary certificate of occupancy for the property, provided that the applicant signs a
development agreement with the city agreeing to pay the city a specific financial penalty per
month if the required improvements are not constructed by a certain date. The amount of the
penalty shall be calculated so that if the applicant does not construct the improvements within one
year after the required date the penalties will equal at least that amount set in ac c ordance with
Section 31-8 of this Code of the estimated cost for the city to complete the improvement s . (Ord.
No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 49; Ord. No. 10153, 5-14-2012, § 14;
Ord. No. 10155, 5-29-2012, § 28; Ord. No. 10129, 12-17-2012, § 13; Ord. No. 10286, 3-10-2014,
§ 18; Ord. No. 10303, 6-9-2014, § 2; Ord. No. 10364, 4-13-2015, § 1; Ord. No. 10509, 6-12-2017,
§5; Ord. No. 10526, 9-25-2017, § 1; Ord. No. 10561, 4-9-2018, § 1)

Article 5, Page 14 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.2 Comprehensive land use plan adoption or amendment.

A. Application.
Pursuant to state law, only the planning agency (planning commission or planning staff) o r c ounc il may
initiate amendments to the comprehensive land use plan;
B. Procedure.
The proposal shall be reviewed by the land use supervisor, who shall
forward a recommendation to the planning commission. The planning Comprehensive Plan
commission shall then review the proposal and make a
recommendation to council. Council shall then make a decision to Amendment
adopt, modify or not adopt the plan or amendment pursuant to the
criteria in subsection C below. Council action shall be by res olut ion,
with the affirmative votes of at least two-thirds of those members
Council or Planning
constituting a quorum required to take action;
Initiative
C. Criteria.
The planning commission shall review the proposal, and council s hall
make a decision, based on whether the proposal promotes the best Staff Review
interests of the city and the general health, safety and welfare of the
citizens of Duluth. (Ord. No. 10044, 8-16-2010, § 6.)

Planning Commission
Review and Public
Hearing
P

City Council Decision

Appeal to Courts

Indicates Public
P Hearing Required

Article 5, Page 15 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.3 UDC text or zoning map amendment.

A. Application.
1. The planning commission may, upon its own motion, propose and hear amendments to the text of
the UDC or the boundaries of the official zoning map. Any property owner may petition the
planning commission to amend the district boundaries in which the property is located;
2. The application provisions of Section 37.1.B shall apply to the extent they are consistent with
subsection 1 above.
B. Procedure.
1. Planning commission review.
The planning commission shall review the application,
conduct a public hearing pursuant to Section 50-37.1.I, with UDC Text or
public notice as required by Section 50-37.1.H, and make a Zoning Map
written recommendation to council based on the criteria in Amendment
subsection C below;
2. Council decision.
Upon receipt of the planning commission recommendation, Preapplication Conf.
the council shall make a decision to adopt, adopt with (map amendments only)
modifications, or deny the application based on the criteria in
subsection C below. Council action shall be by ordinance;
3. When written consent or supermajority required.
Staff Review
The following provisions shall apply after the initial adoption of
the zoning map reflecting the zone district consolidations
reflected in this UDC.
(a) Where a proposed amendment to the zoning map
Planning Commission
would change any property from a residential dis tric t
Review and Public
to a mixed use, form or special purpose district, a
Hearing
planning commission hearing and a notice of three P
weeks shall be required. In addition, the affirmative
vote of 2/3 of the council shall be required if:
(i) The city has not received the
City Council Decision
written consent of the owners of 2/3
of those properties located wholly
or partially within 100 feet of the
property proposed to be rezoned;
(ii) The planning commission has Appeal to Courts
completed a study of an area
containing at least 40 acres of land
surrounding the applicant’s
Indicates Public
property and the proposed rezoning P Hearing Required
is a result of that study, and a
finding is made that it would be
impractical to obtain the required written consent;
(b) For purposes of this provision, the property proposed to be rezoned shall include all
contiguous property owned by the applicant, including the parcel proposed for rez oning,
as well as any contiguous properties purchased from the applicant within one year
preceding map amendment application date;

Article 5, Page 16 (UDC 12/21)

50-37 Review and Approval Procedures

C. Criteria.
The planning commission shall review the application, and council shall approve the application, or
approve it with modifications, if it determines that the application:
1. Is consistent with the comprehensive land use plan;
2. Is reasonably related to the overall needs of the community, to existing land use, or to a plan for
future land use;
3. Is required by public necessity, convenience, or general welfare, or good zoning practice;
4. Will not create material adverse impacts on nearby properties, or if material adverse impacts may
be created they will be mitigated to the extent reasonably possible;
D. Interim ordinances.
1. Council may adopt interim controls when changes to the text of this Chapter or the zoning map
are under consideration. Upon introduction of an interim ordinance, council may provide by
resolution that no use, development, project or subdivision for which an application has not been
previously filed shall be established or expanded, and that no application for a UDC permit or
approval, a license, or building permit that (a) concerns both the geographical area and subject
matter of the interim ordinance and (b) is filed after the introduction of the interim ordinance, may
be granted or further processed pending a final decision on the adoption of the interim ordinance;
2. Upon enactment of an interim ordinance, the following restrictions shall apply:
(a) No permits, licenses, or other approvals of any kind that concern both the geographical
area and subject matter of the interim ordinance shall be processed or issued except in
accordance with its terms;
(b) No use, development, project, or subdivision that concerns both the geographical area
and subject matter of the interim ordinance shall be established or expanded except in
accordance with its terms;
3. If the interim ordinance is not adopted, the resolution establishing interim uses shall be null and
void and requests for permits and other necessary approvals shall be processed promptly in
accordance with the procedures governing the request. (Ord. No. 10044, 8-16-2010, § 6.)

Article 5, Page 17 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.4 District plan adoption or amendment.

The MU-I zone district described in Article II of this Chapter includes a district plan option. Projects
described in an approved district plan may be approved without the need for additional hearings once the
plan is approved. Following the approval or amendment of a district plan, no UDC approval, permit or
building permit shall be issued for a project, structure or land use that is inconsistent with the adopted or
amended plan.
A. Application.
1. Any property owner within the boundaries of a zone district requiring or allowing the approval of a
district plan may file an application for approval of a district plan. Any property owner within the
boundaries of an approved district plan may file an application for amendment of that district plan;
2. The application provisions of Section 37.1.B shall apply to the extent they are consistent with
subsection 1 above;
B. Procedure.
The planning commission shall review the application, conduct a public
hearing pursuant to Section 50-37.1.I, with public notice as required by
Section 50-37.1.H, and make a decision to adopt, adopt with District Plan
modifications, or deny the application based on the criteria in Adoption or
subsection C below; Amendment
C. Criteria.
The planning commission shall approve the application, or approve it
with modifications, if it determines that the application: Preapplication Conf.
1. Is consistent with the comprehensive land use plan;
2. Is consistent with the purpose of the zone district and the plan
approval requirements and criteria for the zone where the plan
is proposed, as stated in Article II of this Chapter; Staff Review
3. Will not create material adverse impacts on nearby properties,
or if material adverse impacts may be created they will be
mitigated to the extent reasonably possible. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 50.)
Planning Commission
Public Hearing
and Decision
P

Appeal to City Council

Indicates Public
P Hearing Required

Article 5, Page 18 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.5 Subdivision plat approval or amendment.

A. Applicability.
This Section applies to all applications to subdivide unplatted land, or to replat previously platted land, or
to adjust the boundary lines between existing property lines. This Section is intended to comply wit h all
applicable provisions of state law, including without limitation Laws of Minnesota 1933, Chapt er 93 and
Laws of Minnesota 1974, Chapter 236 and any provisions of MSA 462.358 and Chapter 505 and 508, as
amended, still applicable to the city, and shall be interpreted to comply with those provis ions wherever
possible. All applications to subdivide land shall follow the standard subdivision process in subsections G
and H below unless provided for in subsections C, D, E or I below.

In addition to city approval, all subdivision plats, registered land surveys, and condominium plats will need
to be approved by the St. Louis County surveyor prior to recording at the St. Louis County recorder’s
office.

1. General exemptions.
The following subdivisions of land are exempted from the provisions of this Section:
a) Platted cemeteries done in accordance with the requirements of applicable state statutes
and ordinances;
b) Transfers of interest in land pursuant to court order; or
c) Registered land surveys prepared for the purpose of clarifying existing land descriptions.

2. Conveyance by metes and bounds.

The following conveyances by metes and bounds shall be exempt from the provisions of this Section
and shall not constitute a subdivision if the subject of the conveyance meets any of the following:
a) Was a separate parcel of record on the date of adoption of subdivision regulations, or
was the subject of a written agreement to convey entered into prior to such time; or
b) Was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on
January 1, 1966; or
c) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1,
1980, or;
d) Is a single parcel of commercial or industrial land of not less than five acres and having a
width of not less than 300 feet and its conveyance does not result in the divis ion of t he
parcel into two or more lots or parcels, any one of which is less than five acres in area or
300 feet in width; or
e) Is a single parcel of residential or agricultural land of not less than 20 acres and having a
width of not less than 500 feet and its conveyance does not result in the divis ion of t he
parcel into two or more lots or parcels, any one of which is less than 20 acres in area or
500 feet in width.

In any case in which compliance with the foregoing restrictions will create an unnecessary
hardship and failure to comply does not interfere with the purpose of the subdivision regulations,
the planning commission may waive such compliance by adoption of a resolution t o t hat effec t
and the conveyance may then be filed or recorded;

Article 5, Page 19 (UDC 12/21)

50-37 Review and Approval Procedures

B. Property transfers.
Pursuant to Minnesota Statute 272.162, no land shall be transferred or divided in official records until t he
transfer has been approved by the land use supervisor to determine if the transfer is appropriate and
conforms with existing city ordinances and regulations if the platted lot or parcel conveyed is:

1. Less than a whole parcel of land as charged in the tax lists; and
2. Is part of or constitutes a Subdivision as defined in Minnesota Statute 462.352, sub. 12.

The land use supervisor shall certify that the transfer has complied with subsection C through I below, as
applicable;

C. Boundary line adjustment.

A boundary line adjustment provides for the alteration of existing
property lines, where no additional lots and parcels are created.
1. The land use supervisor shall approve the application if it is
determined that:
(a) The application will not result in the creation of any new
lots or parcels;
(b) If each of the existing lots and parcels, and the
structures on those lots parcels, complies with the
requirements of this Chapter, then after the adjus tment
each of the resulting lots or parcels, and the st ruct ures
on those lots or parcels, will still comply with the
requirements of this Chapter;
(c) If one or more of the existing lots or parcels, or a structure on one or more of those lots or
parcels, does not comply with the requirements of this Chapter, the proposed relocat ion
will not create any new nonconformity or increase any existing nonconformit y bet ween
the requirements of this Chapter;
2. After the application is approved, the applicant must submit a legal description and survey or
similar recordable exhibit, prepared by a licensed land surveyor, reflecting the relocated
boundaries; obtain the land use supervisor’s signature on that survey or exhibit; and record the
survey or exhibit in the appropriate office at St. Louis County. If the survey or exhibit is not
recorded within 180 days after the boundary line adjustment is approved, that approval will lapse;

Article 5, Page 20 (UDC 12/21)

50-37 Review and Approval Procedures

D. Minor subdivision.
A minor subdivision allows for the subdivision of a maximum of four lots ,
or the combination of any number of previously platted lots into a smaller
number of platted lots. A minor subdivision is an approval process for
simple land divisions; it does not provide for the subdivision of unplat t ed
land, unless that land is described by a governmental subdivis ion legal
description.
1. The planning commission shall approve the application if it is
determined that:
(a) The lot or lots to be subdivided or combined have
frontage on an improved public street;
(b) Each proposed lot meets the minimum zoning
requirements of the district that it is in. If a proposed lot
is described by a governmental subdivision legal
description, the proposed lot must be at least five ac res
in size and have 250 feet of frontage regardless of the
zoning requirements of the district that it is in;
(c) If an existing structure on a lot complies with the
requirements of this Chapter, then after the minor
subdivision structures on each of the resulting lots will
still comply with the requirements of this Chapter; and
(d) If one or more of the existing lots, or a structure on one
or more of those lots, does not comply with the
requirements of this Chapter, the proposed relocation
will not create any new nonconformity or increase any existing nonconformit y bet ween
the requirements of this Chapter.
2. After the application is approved, the applicant must submit a legal description and survey or s imilar
recordable exhibit prepared by a licensed land surveyor, reflecting the relocated boundaries; obt ain
the land use supervisor’s signature on that survey or exhibit; and record the survey or ex hibit in t he
appropriate office at St. Louis County. The approval will lapse if the survey or exhibit is not recorded
within 180 days after the minor subdivision is approved;

E. Combination of parcels.
Any person with a legal or equitable interest in two or more contiguous lots or parcels of land may
combine those parcels into a fewer number of lots or parcels by plat or registered land survey by
complying with all the applicable subdivision procedures in subsections D, H or I;

F. Amending an approved subdivision plat.

An application to adopt or amend a subdivision preliminary plat or a subdivision final plat shall be filed
pursuant to Section 50-37.5.G. An application to amend the street names of a subdivision final plat s hall
be filed pursuant to Section 50-37.5.H;

Article 5, Page 21 (UDC 12/21)

50-37 Review and Approval Procedures

G. Subdivision plat, preliminary procedure.

1. Consolidated preliminary and final review.
For subdivisions that result in no more than four lots that are no less Formatt

than five acres each, and where each lot will have a minimum Subdivision Plat
frontage of 250 feet on an improved public road, preliminary and Approval or
final review may be consolidated if the land use supervisor Amendment
determines that the proposed subdivision is of small size and minor
importance. Subdivisions so designated as being of small size and Preapplication Conf.
minor importance may submit a final plat application after staff
review of a concept plan;
Staff Review of
2. Concept plan.
Concept Plan
No application for a preliminary plat shall be accepted until the
applicant has submitted a concept plan for the proposed
subdivision. Concept plans shall reflect the general location of
proposed lots, tracts, and streets, shall reflect all areas of the Preliminary
property where development is restricted pursuant to the NR-O Storm Water Plan
(city engineer approval)
overlay district in Section 50-18.1. The intent of the concept plan is
to review general concepts for development of the site before
applicants have incurred costs for engineering, soil, or storm water
studies. The concept plans shall be reviewed in an informal Staff Review of
discussion with planning staff; Preliminary Plat
3. Preliminary storm water plan.
A preliminary storm water plan shall be submitted and approved by
the city engineer prior to submittal of the application for a Planning Commission Public
Hearing and Decision on
preliminary plat; Preliminary Plat
4. Preliminary plat decision. P
The planning commission shall conduct a public hearing pursuant to
Section 50-37.1.I, with public notice as required by Section 50-
37.1.H, and shall make a decision to approve, adopt with Appeal of Preliminary
modifications or deny the application based on the criteria in Plat to Courts
subsection 50-37.5.J.3 below;
5. Preliminary plat criteria.
The planning commission shall approve the application, or approve Staff Review of
it with modifications if it determines that the application: Final Plat
a) Is consistent with the comprehensive land use plan;
b) Is consistent with all applicable requirements of MSA
462.358 and Chapter 505; Planning Commission
c) Is consistent with all applicable provisions of this Chapter; Decision on Final Plat
d) Is consistent with any approved district plan covering all or
part of the area of the preliminary plat;
e) Is located in an area where adequate police, fire and Appeal of Final Plat
emergency facilities are available to serve the projected to Courts
population of the subdivision within the city’s established
response times, or the applicant has committed to Indicates Public
P
constructing or financing public facilities that will allow Hearing Required
police, fire or emergency service providers to meet those
response times;
f) Will not create material adverse impacts on nearby properties, or if material adverse
impacts may be created they will be mitigated to the extent reasonably possible;

Article 5, Page 22 (UDC 12/21)

50-37 Review and Approval Procedures

H. Subdivision plat, final procedure.

1. Final plat decision.
After the approval of the preliminary plat, the applicant shall submit one or more final plats
covering part or all of the land covered by the preliminary plat, together with evidence that the
requirements of the approved plat have been met for the portion(s) of the land covered by the
final plat. The planning commission shall approve, adopt with modifications or deny the final plat
based on the criteria in subsection 3 below. The planning commission may refer the final plat t o
any city, county or other public or quasi-public agency deemed necessary to confirm whether t he
criteria in subsection 3 below have been met;
2. Final plat review and referral.
The final plat, together with the surveyor's mathematical calculations, shall be reviewed by the
city engineer for accuracy of the surveys, the adequacy of the monuments, the proposed street
improvements and other features of concern. The final plat may be submitted to the county
engineer if the plat involves features of concern to the county highway department, and to such
other divisions of government or public utility corporations as the city deems necessary or
desirable. The city engineer shall check the plat boundary survey to determine the coinciding of
the plat boundary lines with the boundary lines of adjoining plats, tracts or other subdivision lines
or markers;
3. Final plat criteria.
The planning commission shall approve the application, or approve it with modifications, if the
application meets the following criteria:
a. Is consistent with all applicable provisions of MSA 462.358 and Chapter 505;
b. Is consistent with the terms and provisions of the preliminary plat approval for the
property;
c. Demonstrates that all required improvements have been installed or that (a) the applicant
has signed a development agreement committing to construct those improvements within
2 year after approval of the final plat and (b) adequate security for the construction of t he
required improvements has been posted with the city pursuant to Section 50-37.1.P;
4. Final plat recording.
Once approved, plats shall be signed by the president and secretary of the planning commission.
After the final plat is approved, it must be recorded in the office of the county recorder as provided
in MSA 505.04. The approval will lapse if the plat is not recorded within two years after the plat is
approved. After the final plat has been recorded, lots may be sold and building permits for
structures on the platted lots may be issued; any sales of lots shown on the final plat before
recording of the final plat shall be a violation of this Chapter;

Article 5, Page 23 (UDC 12/21)

50-37 Review and Approval Procedures

I. Registered land survey.

Registered land surveys that subdivide land shall be approved in the manner required for the approval of
minor subdivision plats in subsection D above if the registered land survey create four or less parc els o r
tracts of land. Registered land surveys that create five or more parcels or tracts of land mus t follow t he
process listed below.

1. Concept plan.
No registered land survey shall be accepted until the applicant has submitted a concept plan for t he
proposed subdivision. Concept plans shall reflect the general location of proposed parcels and tracts,
and shall reflect all areas of the property where development is restricted pursuant to the NR-O
overlay district in Section 50-18.1. The intent of the concept plan is to review general c onc ept s for
development of the site before applicants have incurred costs for engineering, soil, or storm water
studies. The concept plans shall be reviewed in an informal discussion with planning staff;
2. Storm water plan and wetland delineation.
A storm water plan shall be submitted and approved by the city engineer, and all wet lands must be
delineated, prior to submittal of the application for a registered land survey;
3. Review and referral.
The registered land survey, together with the surveyor's mathematical calculations, shall be reviewed
by the city engineer. The registered land survey may be submitted to the county engineer if the
registered land survey involves features of concern to the county highway department, and t o s uch
other divisions of government or public utility corporations as the city deems necessary or desirable;
4. Registered land survey decision.
The planning commission shall conduct a public hearing pursuant to Section 50-37. 1.I, wit h public
notice as required by Section 50-37.1.H, and shall make a decision to approve, adopt with
modifications or deny the application based on the criteria in subsection 50-37.5.I.5 below;
5. Registered land survey criteria.
The planning commission shall approve the application, or approve it with modifications if it
determines that the application:
(a) Is consistent with the comprehensive land use plan;
(b) Is consistent with all requirements of MSA 462.358 and Chapter 508;
(c) Is consistent with all applicable provisions of this Chapter;
(d) Is consistent with any approved district plan covering all or part of the area of the
registered land survey;
(e) Is located in an area where adequate police, fire and emergency facilities are available to
serve the projected population of the subdivision within the city’s established response times, or
the applicant has committed to constructing or financing public facilities that will allow police, fire
or emergency service providers to meet those response times;
(f) Will not create material adverse impacts on nearby properties, or if material adverse
impacts may be created they will be mitigated to the extent reasonably possible;
6. Registered land survey recording.
After the registered land survey is approved, it must be recorded in the office of the county recorder
as provided in MSA 508. The approval will lapse if the registered land survey is not recorded within
180 days after the registered land survey is approved. After the registered land survey has been
recorded, parcels and tracts may be sold and building permits for structures on the parcels and tracts
may be issued; any sales of parcels and tracts shown on the registered land survey before recording
of the registered land survey shall be a violation of this Chapter. (Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10303, 6-9-2014, § 3.)

Article 5, Page 24 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.6 Vacation of street.

This Section applies to all applications to vacate a public street, highway or utility easement. This Section
is intended to comply with the provisions of City Charter Section 100.

A. Application.
1. An application for vacation of a public street, highway or utility easement may be made by the
City, or must be accompanied by a petition of the person or persons who own a majority of the
lineal frontage of the land abutting the portion of the street, highway or utility easement proposed
to be vacated;
2. The application shall be filed with the city and forwarded to the planning commission for review;
3. Other application provisions of Section 37.1.B shall apply to the extent they are consistent with
subsections 1 and 2 above;

B. Procedure.
1. Review and recommendation. The city shall review the application to determine the sufficiency of
the signatures on the petition. The planning commission
shall review the application, conduct a public hearing on t he Vacation of Street
proposed vacation pursuant to Section 50-37.1.I, with public
notice as required by Section 50-37.1.H and make a Preapplication Conf.
recommendation to council based on whether the petition
meets the criteria in subsection C below;
2. Council decision. Upon receipt of the planning commiss ion
recommendation, and a copy of the vacation plat prepared Staff Review
by the applicant and approved by the city engineer, the
council shall make a final decision by resolution pursuant t o
Section 100(b)5 of the City Charter. Failure to present a
vacation plat meeting the city engineer's requirements to t he
Planning Commission
land use supervisor within 90 days of the planning
Review and
commission's recommendation shall result in the application Public Hearing
being denied; P
3. Recording. After approval of the vacation, the city shall file
the vacation plat and authorizing resolution in the office of
the county recorder; City Council Decision

Appeal to Courts

Indicates Public
P Hearing Required

Article 5, Page 25 (UDC 12/21)

50-37 Review and Approval Procedures

C. Criteria.
The planning commission shall review the proposed vacation, and council shall approve the proposed
vacation, or approve it with modifications, if it determines that the street, highway or easement propos ed
for vacation:
1. Is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles
or pedestrians or the efficient supply of utilities or public services in the city;
2. Where the street terminates at a waterfront or shoreline, the street is not and will not be needed
to provide pedestrian or recreational access to the water;
3. Is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10153, 5-14-2012, § 15; Ord. No. 10723, 12-14-20, §
9)

Article 5, Page 26 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.7 Concurrent use of streets permit.

This Section applies to all applications for construction of a skywalk and to any other application
requesting that the city approve the concurrent use of the street surface, right-of-way or the air rights
above the street or the land beneath the street, but shall not apply to the following:
1. Use of a portion of a public sidewalk for a café, eating area, bench, or bicycle parking area, or
2. An awning, canopy, marquee or wall sign, including building mounted exterior lights that conform
to the limits of 50-31 and that provide illumination to an awning, canopy, marquee, or wall s ign,
extending not more than 18 inches into the public street right-of-way, or an awning or c anopy of
canvas, canvas-like material, nylon or vinyl-coated fabric extending into the public street right-of-
way, up to the limits established by Section 50-27, and
3. HVAC air ducts, vents, and related vent covers/hoods painted to match the color of t he building
where they are mounted, but not including mechanical units (ie. condensers) and motors ,
extending not more than 18 inches into a public alley right-of-way and having a vertical clearanc e
of at least twelve feet six inches (12’6”) over the surface of the alley;
A. Application.
An application for concurrent use of streets shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
1. Review and recommendation.
The planning commission shall review the petition, conduct a
public hearing on the application pursuant to Section 50-37. 1. I, Concurrent Use of
with public notice as required by Section 50-37.1.H and make a
recommendation to council based on whether the application Street Permit
meets the criteria in subsection C below;
2. Council decision. Pre-application Conf.
Upon receipt of the planning commission recommendation, t he
council shall make a decision to approve, approve with
modifications or deny the application, in whole or part, based on
the criteria in subsection C below. The council action shall be Staff Review
by ordinance;
C. Criteria.
The planning commission shall review the application, and council shall
approve the application or approve it with modifications, if it determines Planning Commission
that: Review and
1. The proposed concurrent use will not harm or inconvenience the Public Hearing
P
health, safety and general welfare of the city;
2. Any proposed skywalk will significantly improve the circulation of
pedestrians in the city without exposure to weather conditions; City Council Decision
3. No portion of a public easement proposed for use is being
physically used or occupied by the public.
4. For requests for off-street parking in a public street right of way,
a concurrent use permit may be granted in the following
Appeal to Courts
circumstances:
(a) Where overnight on-street parking is prohibited within
that portion of the street frontage abutting the property; and Indicates Public
(b) Where the distance between the principle structure and P Hearing Required
the public street right of way is 18 feet or less; and
(c) Where access to the side or rear yard is not possible due to the presence of the principle
structure and the lack of an improved alley; and
(d) Where a site plan has been submitted showing the arrangement of parking, landscaping,
and pedestrian access to the property meeting the following standards:

Article 5, Page 27 (UDC 12/21)

50-37 Review and Approval Procedures

(i) The parking area must be at least 9 feet wide by 17 feet deep, including any
extension of the parking space from the public right of way into the abutting private
property, and must not block existing or proposed public improvements such as
sidewalks or streets;
(ii) The parking area width must not exceed 55% of the lot width;
(iii) The parking area must be improved with bituminous, concrete, or similar
materials or pervious paving system;
(iv) A paved walkway at least 3 feet wide must be provided that links the front
entrance of the dwelling and the street;
(v) A wall, fence or dense vegetative screen at least 3 feet tall and at least 75%
opaque must be provided to screen parked vehicles from view of abutting properties;
(vi) Barriers must be installed to prevent vehicles from overrunning the parking and
driveway areas, such barrier may be a fence, wall or raised curbing (or concrete park ing
bumpers when secured to the underlying pavement);
(e) A placard with a diagram no less than 5 inches by 7 inches showing the location and
arrangement of parking spaces shall be visible at all times from the exterior of the dwelling; suc h
placard shall be on all-weather media and installed on the front exterior door at an elevation of
between 2 feet and 6 feet above the threshold;
(f) The applicant must sign a document acknowledging that private improvements installed
in the public right of way may be removed by the City if needed for installation or repair of public
improvements or if the applicant violates the terms of the permit.

(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 51; Ord. No. 10339, 11-24-2014, § 1;
Ord. No. 10509, 6-12-2017, §6; Ord. No. 10723, 12-14-2020, § 10; Ord. No. 10743, 4-26-2021, § 2)

Article 5, Page 28 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.8 Historic resource designation.

A. Application.
1. The heritage preservation commission may, upon its own motion, propose and hear applicat ions
to designate a building, structure, site, or object as a local historic landmark. Any property owner
or contract purchaser may petition the heritage preservation commission to designate their
building, structure, site, or object as a local historic landmark;
2. The application provisions of Section 37.1.B shall apply to the extent they are consistent with
subsection 1 above;
B. Procedure.
1. Review and recommendation by heritage preservation commission.
The heritage preservation commission shall review the
application, submit the application to the planning Historic Resource
commission, conduct an investigation and public hearing
pursuant to Section 50-37.1.I, with public notice as required Designation
by Section 50-37.1.H, make a recommendation to council, Pre-Application Conf.
and report on the historical, cultural and architectural
significance of the buildings, structures, sites or objects
proposed for designation The report shall also attempt to
determine the economic status of the property or properties
by providing information such as assessed value, recent Application
real estate transactions and other appropriate data. A copy
of the report shall be sent to the state historic preservat ion
officer for review and comment in accordance with MSA
471.193. Any comments made by the planning commission HPC Review PC
and state historic preservation officer regarding a propos ed and Public
designation must be included in the commissioner’s
Review
Hearing
recommendation to the council; P
2. Review and recommendation by planning commission.
The planning commission shall review the application and
make a recommendation to the heritage preservation
commission and council. In its review and City Council Decision
recommendation, the commission shall consider pot ential
effects on the surrounding neighborhood, economics,
environment and other planning considerations;
3. Designation by council. Appeal to Courts
Upon receipt of the report and recommendation of the
heritage preservation commission, the council shall make a
decision to approve, approve with modifications or deny the Indicates Public
P Hearing Required
designation, in whole or part, based on the criteria in
subsection C below. The council action shall be by
ordinance;
4. Preservation plan.
Within one year of approval of the designation, a preservation plan must be submitted by the
applicant of the historic resource designation to the Heritage Preservation Commission for review.
The Heritage Preservation Commission may approve, approve with modifications, or deny the
preservation plan;
5. Registration of historic sites.
The city shall record or file with the county recorder the legal description of all properties affect ed
by the council action that also have an approved preservation plan. The city shall also dis tribute
an official list of all locally designated historic preservation landmarks and districts to the land use
supervisor and the state historic preservation officer;

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50-37 Review and Approval Procedures

C. Criteria.
Historic preservation landmarks and districts shall only be designated when the property or properties are
found to meet one of the following criteria:
1. It has character, interest or value as part of the development, heritage or cultural characteristics
of the city, state, or the United States;
2. Its location was a site of a significant historical event;
3. It is identified with a person or persons who significantly contributed to the culture or development
of the city, state, or the United States;
4. It embodies a distinguishing characteristic of an architectural type;
5. It is identified as the work of an architect or master builder whose individual work has influenced
the development of the city or state;
6. It embodies elements of architectural design, detail, materials or craftsmanship that represents
significant architectural innovation;
7. Its unique location or singular physical characteristics represents an established and familiar
visual feature of a neighborhood, community or city. (Ord. No. 10041, 8-16-2010, § 11; Ord. No.
10044, 8-16-2010, § 6; Ord. No. 10225, 5-28-2013, § 10; Ord. No. 10261, 12-9-2013, § 1; Ord.
No. 10723, 12-14-20, § 11)

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50-37 Review and Approval Procedures

50-37.9 Variance.
This Section applies to applications for a variance from the terms and provisions of this Chapter.
Different types of variances are subject to differing criteria for approval, and in many cases are also
subject to limitations on the types of variances that can be granted.
A. Application.
An application for a variance shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
The planning commission shall review the application, conduct a public
hearing on the application pursuant to Section 50-37.1.I, with public notice as
required by Section 50-37.1.H, and shall make a decision on the applicat ion Variance
based on the criteria in subsections C through M below, as applicable to t he
specific type of variance being requested. The planning commission may
grant a different variance or different form of relief than that requested by the
applicant if it determines that the alternative relief better meets the criteria in Staff Review
subsections C through M below. The commission may impose appropriate
conditions and safeguards to protect adjacent properties and the public
interest, including but not limited to financial security pursuant to Section 50-
37.2.P or a development agreement regarding the design, construct ion and Planning Commission
operation of the project, to protect the comprehensive land use plan, to Public Hearing
conserve and protect property and property values in the neighborhood and and Decision
to ensure that all conditions of the variance will continue to be met. P
Constructing any improvement or beginning any activity authorized by the
variance shall constitute the applicant’s agreement to conform to all terms
and conditions of the permit;
Appeal to City Council
C. General variance criteria. P
Unless different or inconsistent criteria or limitations are stated in
subsections D through M below for the specific type of variance being Indicates Public
requested, the planning commission shall approve an application for a P Hearing Required
variance, or approve it with conditions, if it finds that the proposed varianc e
meets the following criteria. If there is a direct conflict between a provision or criteria in s ubs ect ions D
through M below and the general criteria in this subsection C, the provisions in subsections D through M
shall govern:
1. Because of the exceptional narrowness, shallowness or shape of the applicant’s property, or
because of exceptional topographic or other conditions related to the property, the strict
application of the requirements of this Chapter would result in practical difficulties to the property
owner;
2. The plight of the property owner is due to circumstances unique to the property, and not created
by the property owner or the property owners predecessors-in-interest;
3. The special circumstances or conditions applying to the building or land in question are peculiar
to such property or immediately adjoining property, and do not apply generally to other land or
buildings in the vicinity;
4. The property owner proposes to use the property in a reasonable manner not permitted by this
code;

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50-37 Review and Approval Procedures

5. The relief will not impair an adequate supply of light and air to adjacent property or unreasonably
increase the congestion in public streets or the danger of fire or imperil the public safety or
unreasonably diminish or impair established property values within the surrounding areas or in
any other respect impair the health, safety or public welfare of the inhabitants of the city;
6. The relief may be granted without substantially impairing the intent of this Chapter and the official
zoning map, and will not alter the essential character of the locality;
7. The relief does not allow any type of sign that is not allowed in the zone district where the
property is located, pursuant to Section 50-27;
8. The relief complies with any additional limitations or criteria applicable to that variance in
subsections D through M below;
9. Economic considerations alone shall not constitute a practical difficulty;
D. No use variances.
No variance may be permitted to allow any use that is not listed in Table 50-19.8 as a permitted or special
use in the zone district where the property is located, or Table 50-27.4 for a permitted sign in the dis tric t
where the property is located;
E. Variances to lot size in unsewered areas.
A variance from the minimum lot size in unsewered area shall not be granted without present ation of a
permit or letter of intent to issue a permit for onsite sewerage treatment from the county.
F. Variances for two-family dwellings in the R-1 district.
The commission shall not grant any variance from the requirements for the allowance of two-family
dwellings within the R-1 zone district except:
1. A variance from the required front yard setback;
2. A variance reducing the minimum dimensional requirements by up to ten percent;
G. Variances from parking and loading regulations.
1. Residential districts.
(a) A variance may be granted to allow parking on a portion of a lot in a residential district
where parking is not permitted by Section 50-24.6.B for lots meeting all the following:
(i) The distance between the dwelling and the public right of way exceeds 18 feet; and
(ii) The position of the principle structure on the lot does not permit access to the side or rear
yard; and
(iii) There is no improved alley or street providing access to the side or rear yard; and
(iv) There is no permitted overnight parking on any street within 150 feet of the property;
(b) The variance shall be subject to the following conditions, and any other conditions
determined by the commission to be reasonable and necessary to protect the interests of the
abutting property owners and the residential character of the surrounding neighborhood:
(i) The maximum variance that can be granted shall not exceed 55% of the lot width;
(ii) A paved walkway at least 3 feet wide shall be provided that links the front entrance of the
dwelling and the street;
(iii) A wall, fence or dense vegetative screen at least 3 feet tall and at least 75% opaque must
be provided to screen parked vehicles from view of abutting properties and the street,
where screening the street view is possible;
(iv) Barriers must be installed to prevent vehicles from overrunning the parking and driveway
areas; such barrier may be a fence, wall or raised curbing (or concrete parking bumpers
when secured to the underlying pavement);
(v) A placard with a diagram no less than 5 inches by 7 inches showing the location and
arrangement of parking spaces shall be visible at all times from the exterior of the
dwelling; such placard shall be on all-weather media and installed on the front exterior
door at an elevation of between 2 feet and 6 feet above the threshold;

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50-37 Review and Approval Procedures

2. Reducing required parking spaces.

Except as provided in 50-37.9.G, variances from the minimum amount of off-street parking
required may be approved if a smaller amount of off-site parking will be adequate to meet the
needs of the facility because the facility is restricted to oc cupancy or use by populations with
documented lower vehicle uses, such as the elderly or disabled;
3. Exceeding required parking spaces.
Variances from the maximum parking limits provided in 50-24.4 shall not exceed 200 perc ent of
the minimum requirement provided in Table 50-24.1. In addition to meeting the general varianc e
criteria in 50-37.9C, a parking study that provides justification for the number of off-street park ing
spaces proposed is required. It must include estimates of parking demand based on
recommendations of the Institue of Traffic Engineers (ITE), or other acceptable estimates as
approved by the City Engineer and should include other reliable data collected from uses or
combinations of uses that are the same as or comparable with the proposed use. Comparability
will be determined by density, scale, bulk, area, type of activity, and location. The study must
document the source of data used to develop the recommendations. (Ord. No. 10460, 7-11-2016,
§ 1)
H. Variances to reduce setbacks;
When the application is for the reduction of a required front, rear or side yard setbac k , t he c ommis sion
may require the submission of a landscaping and buffering plan, and may require that all required
landscaping or buffering, or landscaping and buffering of equal effectiveness, be installed within the
reduced setback area. Decorative fencing and decorative wall structures may be proposed where more
intense vegetated landscaping will not provide adequate mitigation of impacts on adjacent properties.
The commission shall only approve the variance if the landscaping and buffering will mitigate impacts on
adjacent properties as effectively as those required by Sections 50-25 and 50-26 of this Chapter;
I. Variances in the MU-C district.
1. Within the MU-C district, the only variances that may be approved are variations in any
dimensional standard in Sections 50-15.3 and 50-21 by no more than ten percent. However, if
the need for a variance is the result of a government taking pursuant to eminent domain powers,
then (a) the limits of this subsection I.1 shall not apply and (b) all or part of the required
landscaping and buffering may be placed in the public right-of-way if the property owner executes
a perpetual maintenance agreement with the owner of the right-of-way;
2. In the case of a setback reduction variance, the landscaping and buffering in any reduced
setback area shall be at least four feet in height and screen out at least 50 percent of the view of
any parking area, unless the setback is reduced to less than five feet, in which case it shall
screen out at least 75 percent of the view of the parking area;
J. Variances in A-O airport overlay district.
Variances shall be pursuant to and consistent with the procedures in the Duluth International Airport
Zoning Ordinance adopted by the city and four other jurisdictions, and in the event of an inc ons is tency
between that Airport Zoning Ordinance and this Chapter, the provisions of the Airport Zoning Ordinanc e
shall govern;

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50-37 Review and Approval Procedures

K. Variances from flood plain regulations.

Variances to the flood plain regulations in Section 50-18.1.C shall only be granted in compliance with t he
limitations in this subsection K.

1. In a floodway:
a) No variance shall be granted that would result in any increase in flood levels duri ng t he
base flood discharge;
b) No variance shall authorize the placement of a manufactured home, dwelling unit or any
structure designed for human habitation;
c) No variance shall be granted authorizing a lesser degree of floodproofing or flood
protection than is required by Section 50-18.1.C;
d) Variances shall be limited to giving the applicant a minimal reasonable use of the site;

2. In a flood fringe:
a) No variance shall authorize a lesser degree of floodproofing or flood protection than is
required by Section 50-18.1.C;
b) Variances shall not produce any adverse effects to the flood capacity or efficiency of t he
watercourse;

3. Flood insurance notice and recordkeeping.

The building official shall notify the applicant for a variance that:
a) The issuance of a variance to construct a structure below the bas e flood level will res ult
in increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage; and
b) Construction below the 100 year or regional flood level increases risks to life and
property. Such copy notification shall be maintained with a record of all variance actions.
The building official shall maintain a record of all variance actions, including justificat ion
for their issuance, and report such variances issued in its annual or biennial report
submitted to the administrator of the national flood insurance program;

4. General considerations.
The city shall consider the following factors in granting variances and imposing conditions on
permits and variances in flood plains:
a) The potential danger to life and property due to increased flood heights or velocities
caused by encroachments;
b) The danger that materials may be swept onto other lands or downstream to the injury of
others;
c) The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary conditions;
d) The susceptibility of any proposed use and its contents to flood damage and the effect of
such damage on the individual owner;
e) The importance of the services to be provided by the proposed use to the community;
f) The requirements of the facility for a waterfront location;
g) The availability of viable alternative locations for the proposed use that are not subject t o
flooding;
h) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
i) The relationship of the proposed use to the comprehensive land use plan and flood plain
management program for the area;
j) The safety of access to the property in times of flood for ordinary and emergency
vehicles; and
k) The expected heights, velocity, duration, rate of rise and sediment transport of t he fl ood
waters expected at the site;

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50-37 Review and Approval Procedures

5. Submittal of hearing and decision notices to the DNR.

a) The planning commission shall submit to the commissioner of the DNR a copy of the
application for proposed variance sufficiently in advance so that the commissioner will
receive at least ten days’ notice of the hearing. Such notice shall specify the time, place,
and subject matter of the hearing and shall be accompanied by such supporting
information as is necessary to indicate the nature and effect of the propos ed us e. The
notice may be sent by electronic mail or U.S. mail to the respective DNR area
hydrologist;
b) A copy of all decisions granting variances shall be forwarded to the commissioner of t he
DNR within ten days of such action. The notice may be sent by electronic mail or U. S .
mail to the respective DNR area hydrologist;

6. Additional federal emergency management agency conditions.

The following additional conditions of FEMA must be satisfied:
a) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with ex isting
local laws or ordinances;
b) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief;

7. Conditions attached to variances,

Upon consideration of the factors listed above and the purpose of this Section, the planning
commission may attach such conditions to the granting of variances and permits as it deems
necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited
to, the following:
a) Modification of waste treatment and water supply facilities;
b) Limitations on period of use, occupancy, and operation;
c) Imposition of operational controls, sureties, and deed restrictions;
d) Requirements for construction of channel modifications, compensatory st orage, dik es,
levees, and other protective measures; and
e) Floodproofing measures, in accordance with the State Building Code and t his c hapter.
The applicant shall submit a plan or document certified by a registered professional
engineer or architect that the floodproofing measures are consistent with the regulat ory
flood protection elevation and associated flood factors;

L. Standards for variances in shorelands.

No variance shall be granted that compromises the general purposes or intent of Section 50-18.1.D or
results in adverse consequences to the environment. Variances shall include a requirement for the
applicant to mitigate the impacts of the variance on shoreland areas ;

M. Reconstruction of a nonconforming building.

A variance may be granted to permit the reconstruction of a nonconforming building that has been
damaged from any cause or has deteriorated to the extent of more than 60 percent of its assessed
market value as determined by the city assessor, if the commission determines that it is necessary for the
preservation and enjoyment of a substantial property right and is not detrimental to the public welfare of
the city. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10153, 5-14-2012, § 16; Ord, No. 10225, 5-28-2013,
§ 11; Ord. No. 10285, 3-10-2014, § 2; Ord. No. 10340, 11-24-2014, § 3; Ord. No. 10460, 7-11-2016, § 1,
Ord. No. 10509, 6-12-2017, §7)

Article 5, Page 35 (UDC 12/21)

50-37 Review and Approval Procedures

50-37.10 Special use or interim use permit.

This Section applies to all applications for those special uses listed for specific zone districts in Table 50 -
19.8. It also applies to applications for interim uses that will be authorized for only a spec ified period of
time. This Section is intended to comply with the provisions of MSA 462.3595 and 462.3597 as
amended, and shall be interpreted to comply with those provisions wherever possible.
A. Applications.
An application for a special use or interim use shall be filed pursuant to Section 50.37.1.B;
B. Procedure.
1. The planning commission shall review the application, shall
conduct a public hearing pursuant to Section 50-37.1.I, with public Special Use Permit
notice as required by Section 50-37.1.H. The planning
commission shall make a decision to adopt, adopt with
modifications or deny the application based on the criteria in Preapplication Conf.
subsection C below. The commission or council may impose
appropriate conditions and safeguards, including but not limited to
financial security pursuant to Section 50-37.2.P, a development
agreement regarding the design, construction, and operation of the
special use, to protect the comprehensive land use plan, to Staff Review
conserve and protect property and property values in the
neighborhood and to ensure that all conditions of the special use
permit will continue to met;
2. If the permit is approved or approved with modifications, all future Planning Commission
use of the land and structures erected on the land pursuant to the Public Hearing
permit shall comply with its terms and conditions. The city may and Decision
require that some or all of the documents presented by the P
applicant in support of the application, including without limitation
any site plan, landscape plan, building elevation drawings, or
development agreement, be recorded as a city public document Appeal to City Council
prior to the issuance of any building permit. A decision not to
P
require recording of some or all of those documents shall not
relieve the applicant or any successors or assigns in title to the
property from the duty to comply with all terms and conditions of Indicates Public
P Hearing Required
the permit. Constructing any improvement or beginning any
activity authorized by the permit shall constitute the applicant’s
agreement to conform to all terms and conditions of the permit;
3. The city may approve an application or approve it with modifications, with a condition that if a
structure authorized by the permit is not constructed by a specified date, or if an activity
authorized by the permit is not begun by a specified date, the permit shall terminate. If that
condition is attached, the city shall notify the applicant and the property owner when a permit has
lapsed, and that decision may be appealed pursuant to Section 50-37.1.O;
4. The city may approve an application or approve it with modifications, with a condition that
abandonment of an activity authorized by a permit longer than a stated period terminates the
permit, and any future reactivation of the use will require the filing and approval of a new permit
application;
5. The commission may not approve or approve with modifications, a special use permit valid only
for a specific period of time, but must instead recommend to council an interim use permit
pursuant to subsection D below for that purpose;
6. Any approved permit shall be comprehensive and not severable. If part of a permit is deemed or
ruled to be invalid or unenforceable in any material respect, by a competent authority, or is
overturned by a competent authority, the permit shall be void in total, upon determination by the
city;

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50-37 Review and Approval Procedures

C. Criteria for special use permits.

The planning commission shall approve the application or approve it with modifications if the commission
determines that the application meets the following criteria:

1. The application is consistent with the comprehensive land use plan;

2. The application complies with all applicable provisions of this Chapter, including without limitation
any use-specific standards applicable to the proposed use, development or redevelopment, and
is consistent with any approved district plan for the area;

Without limiting the previous criteria, the commission may deny any application that would result in a
random pattern of development with little contiguity to existing or programmed development or would
cause anticipated negative fiscal or environmental impacts on the community;
D. Interim use permit.
1. As an alternative to a special use permit, MSA 462.3597
authorizes the city to issue an interim use permit that Interim Use Permit
authorizes a special use to exist until a specified date or until
an amendment to this Chapter authorizes or prohibits that
use. An applicant may apply for an interim use permit, and Preapplication Conf.
the commission may decide to approve an interim use permit
even if the application is for a special use permit;
2. An application for an interim use, or a decision to approve an
interim use, shall be subject to the same procedures used for
special uses, and the commission shall have all the powers Staff Review
described in Section 50-37.10.B.1 above. The commission
may require financial security pursuant to Section 50-37.1.P
to ensure that any improvements related to the interim use
will be removed at the end of the interim use period; Planning Commission
3. An application to extend the period of an interim use permit Public Hearing
shall be treated as major modifications of the initial permit and Decision
and shall be processed pursuant to Section 50-37.1.N; P

Appeal to City Council

Indicates Public
P Hearing Required

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50-37 Review and Approval Procedures

E. Criteria for interim use permits.

In addition to the criteria in subsection C above, the commission shall only approve an interim use permit,
or approve it with conditions, if it determines that:
1. A time limit is needed to protect the public health, safety and welfare from potential longer term
impacts of the requested use in that location or to allow the city time to develop a regulation
addressing the potential longer term impacts of the requested use in that location;
2. The applicant agrees to sign a development agreement with the city confirming that (a) approval
of the permit will not result in increased costs to the city if the property is later acquired by the city
through eminent domain; (b) the use will be terminated at the applicant’s expense on the date(s)
stated in the permit, (c) the termination of the interim use as stated in the permit will create no
rights to a nonconforming use and no rights to compensation for termination of t he use or for the
value of any structures of improvements related to the use, and (d) the applicant agrees to all
conditions imposed by the city. No interim use permit shall be issued until a development
agreement confirming these points is executed.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 52; Ord. No. 10451, 5-23-2016,
§3; Ord. No. 10625, 6-10-2019 §1; Ord. No. 10777, 11-25-2021, §8)

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50-37.11 Planning review.

This Section applies to all development and redevelopment activities except for the construction,
reconstruction or modification of one- and two-family residential structures that are located (a) on lots
platted and zoned for residential development, and (b) outside of the R-C district and SP-O district.
A. Applications.
An application for a planning review shall be filed pursuant to
Section 50-37.1.B;
B. Procedure. Planning Review
1. Building permit applications for certain types of General
development and redevelopment activities will trigger
planning review for compliance with the standards of this
Chapter. Except as stated in subsection 2 below, this Staff Review
planning review shall be conducted by the land use
supervisor pursuant to the criteria in subsection C below;
2. For applications involving covered types of development
and redevelopment activities in the MU-C, MU-I, MU-W and Land Use Supervisor
HE-O zone districts, the planning commission shall review Decision
the application, conduct a public hearing pursuant to
Section 50-37.1.I, with public notice as required by Section
50-37.1.H, and make a decision to adopt, adopt with
modifications or deny the application based on the criteria
in subsection C below; Appeal to Planning
3. The land use supervisor or the planning commission may Commission
refer the application to any city, county or other public or P
quasi-public agency deemed necessary to confirm whether
the criteria in subsection C have been met; Indicates Public
P Hearing Required
C. Criteria.
The land use supervisor or planning commission shall approve the
planning review or approve it with modifications, if it is determined
Planning Review in
that the application complies with all applicable provisions of this MU-C, MU-I, MU-W
Chapter. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, and HE-O
7-18-2011, § 53 Ord. No. 10192, 12-17-2012, § 14.)
Staff Review

Planning Commission
Public Hearing
and Decision
P

Appeal to City Council

Indicates Public
P Hearing Required

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50-37 Review and Approval Procedures

50-37.12 Sidewalk use permit.

This Section applies to uses or proposals to use a portion of a public sidewalk for a café, eating area,
bench, bicycle rack, temporary display or other purpose that does not involve the permanent vac at ion of
any part of the street.
A. Application.
An application for a sidewalk use permit shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
The land use supervisor shall refer the application to the city engineer for a recommendation as to
whether the proposed design and location of the sidewalk use will provide for and not hinder the safety of
pedestrians, bicyclists and motor vehicle drivers near the proposed use or structure. The land use
supervisor shall then review and make a decision on an application based on the criteria in s ubsect ion
50-37.12.C. The land use supervisor may refer the application to any city, county or other public or quasi-
public agency deemed necessary to confirm whether the criteria in subsection C have been met;
C. Criteria.
The land use supervisor shall approve the application, or approve it
with modifications, if the supervisor determines that the following
criteria have been met: Sidewalk Use Permit
1. The city engineer has confirmed that the proposed use or
structure will not hinder the safety of pedestrians, bicyclists Staff Review
and motor vehicle drivers near the proposed use or structure;
2. The proposed use or structure will not encroach into drive
aisles, loading zones, fire lanes or parking lots;
3. The proposed use or structure will not encroach into any area Land Use Supervisor
located directly between any operating building entrance and
Decision
the street curb (other than a building entrance intended only
to serve patrons of an outside eating area);
4. The proposed use or structure will be set back at least seven
feet from the curb and at least six feet from all parking meters,
street trees, and street furniture in order to allow for the free Appeal to Planning
passage of pedestrians; Commission
5. The applicant has signed an agreement with the city (a) to P
keep the sidewalk and street within 20 feet of the proposed
use or structure free from any litter generated by the use or Indicates Public
activity, (b) accepting all liability resulting from the proposed P Hearing Required
use or structure and holding the city harmless for any and all
such liability, (c) providing liability insurance meeting city
standards, and (d) determining the period of use. (Ord. No. 10044, 8-16-2010, § 6; Ord. No.
10096, 7-18-2011, § 54; Ord. No. 10413, 10-12-2015 § 1; Ord. No. 10743, 4-26-2021, § 3.)

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50-37 Review and Approval Procedures

50-37.13 Zoning permit.

This Section applies to a variety of permits covering development, redevelopment, and natural resourc es
protection where the land use is a permitted use and the city must confirm whether the application
complies with all other applicable provisions of this Chapter. The specific permits included in this Section
are summarized in Table 50-37.13-1 below.

Table 50-37.13-1: Types of Zoning Permits

Type of Permit Primary Compliance Requirement
Flood Plain Permit Floodplains (Subsection 50-18.1.C)
Shoreland Permit Shorelands (Subsection 50-18.1.D)
Erosion and Sediment Control Permit Temporary Soil and Erosion Control (Subsection 50-18.1.E)
Temporary Use Permit Temporary Land Uses (Sections 50-19, 50-20.6)
Sign Permit Signs (Section 50-27)
Fence Permit Fences and Walls (Section 50-26.4)
Airport Env irons Permit A-O Airport Env irons Ov erlay district (Section 50-18.2)

A. Application.
An application for a zoning permit shall be filed pursuant to
Section 50-37.1.B;
Zoning Permit
B. Procedure.
1. The building official shall review and make a decision Staff Review
on an application for a zoning permit based on the
criteria in subsection C below. The building official may
refer the application to any city, county or other public
or quasi-public agency deemed necessary to confirm
Building Official
whether the criteria in subsection C have been met;
Decision
2. All buildings, structures and improvements must be
constructed and maintained, and all land uses must be
operated, in accordance with the terms and conditions
of this Chapter and any zoning permit issued pursuant
to this Section 50-37.13; Appeal to Planning
Commission
C. General criteria. P
The building official shall approve the application, or approve it
with modifications, if the building official determines that the Indicates Public
application complies with all applicable provisions of this P Hearing Required
Chapter;

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50-37 Review and Approval Procedures

D. Additional provisions for specific areas and types of permits.

1. Shoreland permit.
No building or zoning permit for land within any shoreland shown on the Natural Resources Overlay
map in Section 50-18.1 may be issued until the building official has confirmed that the applic ation
complies with all applicable requirements of Section 50-18.1.D;
2. Erosion and sediment control permit (ESCP).
No land disturbance activity that requires an erosion and sediment control permit (ESCP) as indicated
in Table 50-18.1.E-1 may be begin until a permit has been obtained. The building official s hall refer
the application to the city engineer, who shall review the plan to ensure that it complies with the
requirements of Section 50-18.1.E. The city engineer may require additional information and may
require that any information submitted be verified by a licensed engineer, licensed surveyor or ot her
technical professional. If the application is denied, the applicant shall be given a summary of the
plan’s deficiencies. The ESCP permit shall be considered expired only after all construction activities
are completed and the entire site is fully stabilized with 70 percent successful establishment of
vegetation;
3. Airport environs permit.
No airport environs permit shall be issued unless all of the requirements of Section 50-18.2 have
been met. A permit for a tree or structure of less than 75 feet of vertical height above the ground
shall not be required in the horizontal and conical zones or in any approach and t ransitional z ones
beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or
structure, because of terrain, land contour or topographic features, would violate the provisions of
Section 50-18.2;
4. Flood plain permit.
No building or zoning permit for land within any flood plain shown on the Natural Resources Overlay
map in Section 50-18.1 may be issued until the building official has confirmed that the application
complies with all applicable requirements of Section 50-18.1.C. (Ord. No. 10044, 8-16-2010, § 6;
Ord. No. 10096, 7-18-2011, § 55; Ord. No. 10285, 3-10-2014, § 3; Ord. No. 10413, 10-12-2015 § 2.)

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50-37 Review and Approval Procedures

50-37.14 Historic construction/demolition permit.

This Section applies to applications for construction or demolition within a historic district or on a his t oric
property listed in Section 50-18.3 where the city must confirm whether the application complies wit h t he
standards in Section 50-18.3 and with all other applicable provisions of this Chapter and state law.
A. Application.
An application for a historic construction/demolition permit shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
The application shall be reviewed by the heritage preservation
commission. The commission shall conduct a public hearing purs uant t o
Section 50-37.1.I, with public notice as required by Section 50-37.1.H and Historic Construction /
make a decision to adopt, adopt with modifications, or deny the application Demolition Permit
based on the criteria in subsection C below;
C. Criteria.
Staff Review
The commission shall approve the application, or approve it with
modifications, if the commission determines that the application c omplies
with all applicable provisions of this Chapter and state law and that the
work to be performed shall not adversely affect the historic preservation Heritage Preservation
landmark or district based on adopted historic preservation guidelines. Commission Review and
(Ord. No. 10041, 8-16-2010, § 12; Ord. No. 10044, 8-16-2010, § 6; Ord. Public Hearing
P
No. 10286, 3-10-2014, § 19.)

Appeal to City Counil

Indicates Public
P
Hearing Required

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50-37 Review and Approval Procedures

50-37.15 Building permit.

This Section applies to all applications for a building permit.
A. Application.
An application for a building permit shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
1. The building official shall review and make a decision on
an application for a building permit based on the criteria in
subsection C below. The building official may refer the Building Permit
application to any city, county or other public or quasi-
public agency deemed necessary to confirm whether the
criteria in subsection C have been met; Staff Review
2. All buildings, structures and improvements must be
constructed and maintained, and all land uses must be
operated, in accordance with the terms and conditions of
this Chapter and the building permit; Building Official
Decision
C. Criteria.
The building official shall approve the application, or approve it with
modifications, if the building official determines that the application
complies with all applicable provisions of this Chapter and all Appeal to building
applicable provisions of any building code adopted by the city. appeals board or state
(Ord. No. 10044, 8-16-2010, § 6.) building official

Indicates Public
P Hearing Required

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50-37 Review and Approval Procedures

50-37.16 Certificate of occupancy.

C. Use of exception credits.

1. Exception credits may be used to permit the relocation of certain nonconforming off-premises
signs that do not meet site, location or other requirements of this Chapter;
2. An application for an exception credit shall include a statement identifying the exception credit(s)
to be used for the permit for the new location. No holder of a credit shall be granted a permit
under this Section 50-38.7 for more locations than it lost or for more square footage of sign area
than it lost. No sign permit shall be issued until the sign(s) that is the basis for the credit is first
removed;
3. All signs shall be constructed and placed in strict conformance with the sign permit and the failure
to do so shall constitute a violation of this Section, and if not corrected, shall be grounds for
revocation of the sign permit and an order for removal of the sign. No sign permit issued under
this Section shall be valid until the applicant has complied with all applicable requirements of the
NR-O, Natural Resources Overlay district, and MSA Chapter 173. (Ord. No. 10044, 8-16-2010, §
6; Ord. No. 10047, 8-30-2010, § 4; Ord. No. 10204, 3-11-2013, § 3; cited only by Ord. No. 10285,
3-10-2014, § 4.)

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50-39 Enforcement and Penalties

Article 5, Page 52 (UDC 12/21)

50-39 Enforcement and Penalties

50-39 Enforcement and penalties.

This Section describes how this Chapter will be enforced, as well as the penalties for violation of the
Chapter. This Section is intended to comply with the provisions of MSA 462.362 as amended, and s hall
be interpreted to comply with those provisions wherever possible. All violations of this Chapter are
hereby declared to be public nuisances. (Ord. No. 10044, 8-16-2010, § 6.)

50-39.1 Violations.
A. Violations defined.
It shall be a violation of this Chapter, and a public nuisance, to do any of the following:
1. Activities inconsistent with UDC.
To erect, construct, reconstruct, remodel, alter, maintain, expand, move or use any building,
structure or sign, or to engage in development or subdivision of any land inconsistent with this
Chapter, or to fail to obtain required approvals for any of those activities;
2. Use of nonconformities inconsistent with UDC.
To use, occupy, create, expand, replace, or change a nonconforming use, structure, lot or s ign
except in compliance with this Chapter;
3. Making lots or setbacks nonconforming.
To reduce or diminish the lot area, setbacks, or open space on any parcel of land below the
minimum required by this Chapter;
4. Increasing intensity of use.
To increase the intensity of use of any land or structure, except in accordance with the procedural
and substantive standards of this Chapter;
5. Activities inconsistent with approval or permit.
To engage in any development, redevelopment, use, construction, remodeling or other activity
inconsistent with the terms and conditions of any permit or approval iss ued by the city;
6. Violation of stormwater permits.
In the case of violation of a stormwater permit, the permittee shall take the following actions prior
to imposition of a penalty, if any, by the city:
(a) Submit reports of noncompliance with requirements contained in a compliance s chedule
of the permit in writing within 14 days after the compliance schedule deadline. Reports of
noncompliance shall include a description of the noncompliance, its cause, the steps
taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance
and the effect of the noncompliance on the permittee’s ability to meet remaining
deadlines;
(b) Take all reasonable steps to minimize or prevent any adverse impacts on t he wat ers of
the state resulting from noncompliance with a stormwater permit;
7. Violations related to wireless telecommunications facilities.
Under the following circumstances, the city may declare the wireless telecommunications fac ilit y
a public nuisance and take all available enforcement actions including, but not limited to,
revocation of the special use permit:
(a) The wireless telecommunications facility has been abandoned. A facility is deemed
abandoned if it is not used as wireless telecommunications facility for a period exceeding
90 consecutive days or a total of 180 days in any 365 day period, except for periods
caused by force majeure or Acts of God, in which case repair or removal shall commence
within 90 days;
(b) The wireless telecommunications facility fall into a state of disrepair and creates a healt h
or safety hazard;
(c) The wireless telecommunications facility has been located, constructed, repaired,
maintained or modified without first obtaining the required special use permit , or in any
manner that constitutes a violation of Section 50-20.4.D;
(d) For a violation of the conditions and provisions of the special use permit;

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50-39 Enforcement and Penalties

8. Failure to remove signs.

To fail to remove any sign installed, created, erected or maintained in violation of this Chapter, or
for which a required sign permit was not obtained, or for which the sign permit has lapsed, or for
which the business or use for which the sign was permitted has been closed for more t han one
year;
9. Failure to maintain.
To fail to maintain any property, including without limitation (a) any dwellings, dwelling units,
housekeeping units, or rooming units, and (b) any sign, and (c) any required landscaping or
screening in the condition required by this Chapter;
10. Failure to replace.
To fail to replace any site feature or element required by this Chapter if that site feature is
removed, or to fail to replace any required landscaping or screening that dies or becomes
diseased;
11. Unauthorized actions involving historic resources.
To fail to obtain required approvals before construction, remodeling, repainting or altering a
historic preservation landmark or a structure in a historic preservation district identified in Section
50-18.3;
12. Violations related to vacation dwelling units, accessory vacation dwelling units or accessory home
shares.
To use any lot, structure, dwelling or dwelling unit as a vacation dwelling unit, accessory vacation
dwelling unit, or accessory home share without the approvals or permits required by this chapter,
in violation of the provisions of this chapter, or in violation of any other applicable provisions of
city code; (Ord No. 10466, 4-11-2016, §4; 10590, 9-24-2018, §1)

B. Continuing violations.
Each day that a violation occurs or remains uncorrected after receipt of notice of the violation from the city
shall constitute a separate violation. (Ord. No. 10044, 8-16-2010, § 6.)

50-39.2 Enforcement.
A. Responsibility.
The building official is responsible for enforcing this Chapter. No permit or approval for the construc tion,
alteration or demolition of any building, or for the use of land, shall be issued if the building as proposed
to be constructed, altered or demolished would be a violation of this Chapter;
B. Authorization for inspections.
For the purposes of enforcing this Chapter, the building official is authorized to enter, examine and
survey, between the hours of 8:00 a.m. and 5:00 p.m., any property subject to the regulations of this
Chapter. Prior to making an inspection based on a possible violation, the building official shall inform t he
owner of the property to be inspected, or their agent, of the date and time of the inspection in writ ing at
least four days prior to the inspection. Advance notice need not be given in the case of routine
inspections. After written notice has been given, the owner or occupant of the property to be ins pect ed,
or the person in charge of that property, shall give the building official free access to the property between
8:00 a.m. and 5:00 p.m., for the purpose of inspection. The inspection shall not have for its purpos e t he
harassment of the owner or occupant and shall be made so as to cause the least amount of
inconvenience to the owner or occupant of the property consistent with the efficient performanc e of t he
duties of the building official. Nothing in this Section 50-39.2.B shall be construed to prohibit the ent ry of
the building official:
1. At any time when in the opinion of the building official an actual emergency tending to create an
immediate danger to public health and safety exists;
2. At any time when an inspection is requested by the owner or occupant;

Article 5, Page 54 (UDC 12/21)

50-39 Enforcement and Penalties

C. Enforcement tools.
The city may use any of the following tools and powers to enforce this Chapter, in any order, and the us e
of one tool or power shall not restrict the city from using an additional tool or power to remedy t he s ame
violation.
1. Order requiring compliance.
(a) The city may issue a written order identifying the violation(s) of this Chapter and requiring
that the property owner or occupant bring the property into compliance with this Chapter,
at the owner or occupant’s expense, within a specified time. The notice shall state what
actions are necessary to bring the property into compliance;
(b) The time allowed for correction shall be not less than 14 days, except that (i) if t he order
identifies a threat to public health or safety then a compliance shorter than 14 day s may
be required, and (ii) if the order involves a violation of the provisions of the Airport
Overlay district or the sign regulations in Section 50-27, or the vacation dwelling unit,
accessory vacation dwelling unit, or accessory home share regulations in Sections 50-19
and 50-20, the time for compliance shall be not less than ten days. In determining a
reasonable time for performance the building official shall consider the nature and extent
of the work involved, the season of the year, the existence of any immediate dange r t o
public health and safety, and any other pertinent factors. The building official may extend
the time for compliance in writing for good cause shown;
(c) The property may continue to be used for occupancy or habitation pending c ompliance
with the order unless the notice identifies an imminent threat to public health or safety
and requires that occupancy or habitation be limited or end by a certain date;
(d) When an order to correct a violation of this Chapter has been issued, the building offic ial
is authorized to enter and re-inspect the property subject to the order for the purpos e of
determining compliance with the order. The owner or occupant of the property, or the
person in charge of the property, shall give free access to the property for the purpose of
the inspection;
(e) Every occupant of property shall give the owner of the property, or his agent or
employee, access to any part of the property at all reasonable times for t he purpos e of
making repairs or alterations required to comply with the order;
(f) The city shall not charge a fee for inspections made in response to complaints or to
confirm compliance with an order;
2. Enforcement of wireless telecommunications facility violations.
(a) If the city determines that the wireless telecommunication facility is a public nuisance, the
building official shall notify the holder of the special use permit in writing and order the
correction of the violation or removal of the facility;
(b) If the order requires removal of the wireless telecommunication facility the holder of t he
special use permit, or its successors or assigns, shall dismantle and remove such facility
and all associated structures and facilities, from the site and restore the site to as close to
its original condition as is possible, such restoration being limited only by physical or
commercial impracticability, within the deadline provided for in the order to remove. If the
owner of the property upon which the wireless telecommunications facilities are loc at ed
wishes to retain any access roadway to the wireless telecommunications fac ilit ies, t he
owner may do so if the land use supervisor determines that the retention of those access
roads would promote the purposes of this Chapter;
(c) Notwithstanding anything in this subsection to the contrary, the building official may
approve a temporary extension of the order, for no more 90 days, during which time a
suitable plan for the repair, sale, removal, conversion, or re-location of the affected
wireless telecommunications facilities shall be developed by the holder of the special use
permit, subject to the approval of the city, and an agreement to such plan shall be
executed by the holder of the special use permit and the city. If such a plan is not
developed, approved and executed within the 90 day time period, then the city may
exercise all available legal rights;

Article 5, Page 55 (UDC 12/21)

50-39 Enforcement and Penalties

(d) The holder of the special use permit for wireless telecommunications fac ilities may not
use the payment of fines, liquidated damages or other penalties, to evade or avoid
compliance with an order of the building official or any provision of Section 50-20.4.D;
(e) If compliance or substantial progress towards compliance with the order has not been
made by the compliance deadline, the city may exercise any legal remedies available t o
secure compliance with the order at the sole expense of the owner or special use permit
holder;
3. Enforcement of Vacation Dwelling Unit, Accessory Vacation Dwelling Unit, Accessory Vacation
Dwelling Unit, Limited, or Accessory Home Share Violations
(a) If the city determines that a vacation dwelling unit, accessory vacation dwelling unit,
accessory vacation dwelling unit, limited, or accessory home share is a public nuisance,
operating without approvals or permits required by this Chapter, or operating in violation
of this Chapter or any other applicable provisions of city code, the city shall notify the
holder of the interim use permit, accessory vacation dwelling unit, limited, or home share
permit in writing and order the correction of the violation in accordance with this Section;
(b) Any vacation dwelling unit, accessory vacation dwelling unit, accessory vacation dwelling
unit, limited, or home share permit issued pursuant to this chapter may be suspended for
up to six (6) months or revoked by the city for good cause. If the city intends to suspend
or revoke a permit, the land use supervisor shall issue written notice of such intent to the
permit holder at least twenty-one (21) days before such suspension or revocation is set to
begin. The permit holder may then demand a hearing before the land use supervisor.
Such demand shall be made in writing to the land use supervisor within ten (10) days
following issuance of the notice;
(c) For purposes of this section, “good cause” shall include, but not be limited to:
(i) failure to remedy a violation noted pursuant to 50-39.2.C.1;
(ii) issuance of three or more violation notices under section 50-39.2.C.1
within a single permit cycle;
(iii) the occurrence of one or more nuisance events as defined in Duluth City
Code § 40-10;
(iv) use or operation of the dwelling unit or home share in a manner that
imperils public health, safety or welfare, including, but not limited to,
violation of this Chapter or any other provision of local, state, or federal
law intended to protect the occupants of the dwelling or the surrounding
neighborhood and community;
(d) Any permit holder whose license is suspended or revoked by the land use supervisor
may appeal the final suspension or revocation to the Planning Commission in accordance
with 50-37.1.O.
4. Withholding permits or approvals.
The city may refuse to process applications for permits and approvals under this Chapt er if t he
application concerns a property where (a) the building official has determined to be in violation of
the Chapter, (b) the city has issued an order requiring that the violation be corrected, and (c ) t he
owner occupant has not remedied the violation within the time stated in that order, unless the
application is for the purposes of remedying the existing violation;
5. Prevention of violation.
If the city becomes aware that a building, structure, sign or site feature is about to be constructed
in violation of this Chapter, the city may take appropriate action to prevent the violation. The
city’s action may include but is not limited to withdrawal of any permits or approval related t o t he
construction or activity that would constitute a violation;
6. Abatement.
(a) The city may take action to abate or remove the violation, and to charge the costs of t he
abatement or removal to the property owner if the property owner or occ upant of a
property fails to comply with an order to correct a violation of this Chapter within the t ime
specified in the order, as that time may be extended by the building official in writ ing for

Article 5, Page 56 (UDC 12/21)

50-39 Enforcement and Penalties

good cause shown, and the building official determines that the continuance of the
violation creates a threat to public health or safety;
(b) Following the abatement or removal, the city shall issue an order that the owner of the
land on which the violation occurred pay to the city the documented costs of the
abatement or removal with 30 days;
(c) If the owner of the land does not pay the documented costs of abatement or removal t o
the city within 30 days, those costs may be assessed against the land on which the
violation occurred, and the city shall provide the owner of the land written notice of the
assessment. Unless the assessment is paid within 90 days from the service of notice on
the property owner, the sum shall bear interest at the rate set in accordance with Section
31-8 of this Code, per annum from the date the cost was incurred until paid, and shall be
collected in the same manner as are general taxes;
(d) The city shall end the process of assessing abatement and removal costs against the
land, or shall cancel the assessment if it has been finalized, upon receipt of pay ment in
full of all costs documented in the order and all accrued interest on those costs;
7. Administrative citations.
The city may issue an administrative citation pursuant to Chapter 12 of the Cit y Code and may
take all actions authorized;
8. Court actions.
The city may enforce this Chapter by filing an action in law or equity in any court of c ompetent
jurisdiction, including without limitation a request for a declaratory judgment, a request for a
restraining order or a temporary or permanent injunction, or a request for money damages based
on the penalties for violation established in this Chapter or elsewhere in the City Code. The
decision as to whether to seek enforcement in the courts, and what type of enforcement to s eek,
shall be at the discretion of the city;
9. Nuisance abatement.
If the building official determines that the violation constitutes a public nuisance under st ate law,
the city may use all powers granted by state law to abate public nuisances;
10. Other enforcement powers.
The city may enforce this Chapter through any other powers granted to the city by state law;
D. Notices and orders.
1. Any notice and order under Section 50-39.2.C.1 shall be served upon the owner or the owner’s
agent and the occupant as the case may require. In the case of a notice involving the sign
regulations in Section 50-27, the notice shall also be served on the owner of the sign or the
person or entity that erected or caused the erection of the sign;
2. The notice shall be deemed to be properly served upon those individuals or entities identified in
subsection 1 if a copy of the notice is:
(a) Served personally; or
(b) Sent by United States mail, postage prepaid, to the last known address of the owner,
occupant or agent shows in the city records; or
(c) Posted in a conspicuous place in or about the property affected by the notice; or
(d) Served by any other method authorized or required by state law;
3. Any notice served pursuant to subsection 1 shall automatically become an order if a written
petition for a hearing is not filed with the building official within 14 days after the notice is served.
An order is final unless an appeal is filed pursuant to Section 50-37.1.O;
4. If the building official finds that an emergency exists that requires immediate action to protect the
public health and safety, the building official may, without notice or hearing, issue an order
declaring that emergency and requiring those actions that the building official deems necessary to
meet the emergency notwithstanding the other provisions of this Chapter, and that order shall be
effective immediately. Any person to whom the order is directed shall comply with the order
immediately, but may file with the building official a request for a hearing following compliance
with the order. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 57; Ord. No.
10155, 5-29-2012, § 29; Ord No. 10446, 4-11-2016, §4; 10590, 9-24-2018, §2; Ord. No. 10777,
10-25-21, §10)

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50-39 Enforcement and Penalties

50-39.3 Revocation of Special Use Permit or Interim Use Permit

In the event the land use supervisor determines that property for which a special use permit or interim use
permit has been approved is being used in violation of the terms or conditions of the permit, the cit y may
revoke the permit in accordance with the following procedure:
A. The land use supervisor shall cause written notice of pending revocation to be served in
accordance with the process set forth in Section 50-39.2.D, “Notices and orders.” The not ic e of
pending revocation shall specify the terms or conditions of the permit which are b eing violat ed,
state the nature of the violation or violations, and specify the date on which the pending
revocation will be effective. The effective date of the revocation shall be no sooner than 14
calendar days after the date of the notice. The notice shall be served upon the following: (a) t he
owner of the property to which permit applies at the address of such owner as listed on the
records of the St. Louis County Auditor; (b) To the applicant for the permit; (c) to the occupant of
the property.
B. The owner, applicant, or occupant may appeal the notice of pending revocation by filing an
appeal of the land user supervisor’s decision with the planning commission consist ent wit h t he
requirements of Section 50-37.1.O, “Appeals.”
1. During the planning commission hearing to consider the appeal, the land use supervis or
shall present evidence supporting the revocation of the permit. The owner, applic ant, or
occupant of the site, acting as an “appellant”, shall have the opportunity to present
testimony, evidence, and argument in opposition to such revocation.
2. The planning commission shall determine whether the terms or conditions of t he permit
have been violated and whether the permit should be revoked. The Commission may
approve or deny the revocation of the permit and shall make findings of fact and
conclusions setting forth the basis of its decision. The commission shall also have t he
authority to continue the appeal hearing to allow either the land use supervisor or the
appellant to submit additional information to the commission.
3. After the planning commission renders its decision, the land use supervisor s hall mail a
notice of the commission’s decision to the appellant. The decision of the planning
commission shall be final unless a further appeal is filed pursuant to the requirement s of
Section 50-37.1.O, “Appeals”. (Ord. No. 10768, 9-27-2021, § 1.)

50-39.4 Penalties.
A. The owner of any property where the violation of this Chapter occurs, and any person violating
this Chapter, shall be guilty of a misdemeanor and may be fined as provided in Section 1-7 or Section 12-
6 of the City Code;
B. In the case of violation of a stormwater permit, if the contractor or owner fails to install or c orrec t
deficiencies related to erosion or sediment control BMPs ordered by the city engineer, the cit y engineer
may withhold payment from related work or levy a fine until adequate BMPs are installed by the
contractor or owner. When the contractor or owner fails to conduct quality control or adequately ins pect
BMPs to ensure function, or fails to take action ordered by the city engineer to remedy erosion or
sediment control problems, the city engineer will issue a written order to the contractor and owner. The
contractor or owner shall respond within 24 hours with sufficient personnel, equipment, and materials and
conduct the required remedial work or be subject to a per calendar day deduction or fine for nonc om pli-
ance, which shall be set in accordance with Section 31-8 of this Code;
C. Penalties shall be waived if the violation is corrected within the time stated in any enforc ement
notice or order. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10155, 5-29-2012, § 30.)

Article 5, Page 58 (UDC 12/21)

50-40 Rules of Construction

ARTICLE SIX. DEFINITIONS.

50-40 RULES OF CONSTRUCTION.

In addition to the rules of construction provided in Section 1-2 of this Code, the rules and definitions of
this Section shall be observed and applied in the interpretation of this Chapter, except when the context
clearly indicates otherwise.
A. In case of any difference of meaning or implication between the text of this Chapter and any
caption or illustration, the text shall control;
B. The terms “standards” and “guidelines” have different meanings, as follows: Standards
mandate the specific course of planning and design action that the applicant must
incorporate in its project application. Compliance with standards is mandatory. Statements
of standards are indicated by use of the word “shall” in the rule or directive. A failure to meet
a mandatory standard may be used as a basis for the city’s denial of a project application. In
comparison, “guidelines,” if any, follow the standards and are indicated by the words “may”
or “should.” Guidelines are voluntary and not mandatory; however, compliance is strongly
encouraged to fulfill the intent of this Chapter. A failure to meet a voluntary guideline cannot
be used by the city as a basis for a project denial. (Ord. No. 10044, 8-16-2010, § 6.)

50-41 DEFINITIONS.

Article 6, Page 1 (UDC 12/21)

50-41 Definitions

50-41.1 Definitions: A

Accessory agriculture roadside stand. A structure erected for the display and sale of agriculture
products grown on the premises and that is subordinate to the primary residential or agricultural use of
the premises.
Accessory bed and breakfast. An owner-occupied building designed as a one-family dwelling that
provides no more than five guest rooms for lodging accommodations by prior arrangements for
compensation. The primary residence in the building or a separate, lawfully existing building located on
the same site must be occupied by the building owner on a permanent basis. It may or may not include
serving of meals to guests.
Accessory boat dock, residential. A personal use boating structure, subordinate to a primary
residential use of property, that is built over or floats upon the water of a lake, river, or stream, and that
serves one property owner for mooring boats or as a landing place for marine transport.
Accessory caretaker quarters. A subordinate dwelling unit intended for an employee or owner who
looks after or takes charge of goods or property. The unit shall be either inside or attached to a main
structure by a common wall. The unit is a complete, independent living facility with provisions for cooking,
eating, sanitation and sleeping.
Accessory communications tower for private use. Any structure, subordinate to a primary use of
land, that is designed and constructed primarily for the purpose of supporting one or more wireless
analog or digital telecommunication facilities, that is located on the ground or anchored to the ground and
exceeds 24 feet in height. Such a tower may have a variety of configurations, including a monopole, a
lattice tower or a guyed tower.
Accessory day care facility. A private or public establishment licensed by the state that regularly
provides one or more dependents with care, training, supervision, rehabilitation or developmental
guidance on a regular basis, for periods less than 24 hours a day, for gain or otherwise, as a secondary
and subordinate activity to a permitted or approved special use of the property.
Accessory dwelling unit. A subordinate dwelling unit added to, created within, or detached from a one
or two family dwelling, located on the same lot or parcel as a primary residential structure and owned by
the same owner as the primary residential structure, and providing basic requirements for living, sleeping,
cooking, eating, and sanitation, and is constructed on compliant permanent footings or foundation, with
permanent connections to public sanitary sewer and water. No recreational vehicle, or structure on a
chassis, shall constitute an accessory dwelling unit.
Accessory heliport. An area used or intended to be used for the landing and takeoff of helicopters that
is secondary and incidental to, and is operated in support of, a permitted or approved special use on the
same property, including operations facilities, such as maintenance, loading, and unloading, storage,
fueling or terminal facilities.
Accessory home occupation. A business or occupation incidental and subordinate to the principal
residential use. All home occupations must comply with the conditions in Section 50-20.5.F. Examples
include but are not limited to: artist's studio; dressmaking; accessory beauty salon or barber shop, office
of a physician or dentist for consultation or emergency treatment but not for general professional practice,
lawyer, engineer, architect or accountant; teaching, with instruction limited to not more than two pupils at
the same time. A home occupation shall not be interpreted to include accessory bed and breakfast,
restaurants or tea rooms.
Accessory home share. A habitable room or space in an owner-occupied single family dwelling or
owner occupied twinhome or duplex two family dwelling, or attached accessory dwelling unit subordinate
to an owner occupied single family, twinhome, or duplex two family dwelling, offered for trade or sale,
whether for money or exchange of goods or services, for periods of 29 nights or less.
Accessory recycling collection point. A facility used for the collection and temporary storage of empty
beverage containers, aluminum, glass, paper or clothing for recycling purposes conducted totally within
an enclosed structure or container, and that is accessory to a permitted or approved special use in the
zone district. This definition does not include processing except for can banks that crush cans as they
are deposited.
Accessory sidewalk dining area. An outdoor eating and drinking area that is generally associated with
and subordinate to a permitted or approved special use on the same property and that is, located on a
public sidewalk. This use may include removable tables, chairs, planters, or similar features and
equipment.

Article 6, Page 2 ( UDC 12/21)

50-41 Definitions

Accessory solar or geothermal power equipment. Accessory uses and structures that are clearly
subordinate in size and use to the primary use and structure on the property, and that are used to reduce
energy consumption or to generate energy from non-fossil fuel and non-carbon dioxide emitting sources
on the property. These structures and uses may include but are not limited to the following, and may be
located at ground level or above or below ground unless specifically limited in this Chapter, provided that
they meet all other applicable requirements of this Chapter: solar photovoltaic modules, solar thermal hot
water collectors, solar arrays; and geothermal heat pumps, earth tubes, or downhole heat exchangers.
Accessory use or structure. A use or structure subordinate in use, area or purpose to the principal use
or structure on the same lot and serving a purpose naturally and normally incidental to the principal use or
structure and that is not included in a separate definition of an accessory use or structure in this Chapter.
Where an accessory building is attached to the principal building in a substantial manner by a wall or a
roof, it shall be considered part of the principal building. An accessory building or use may be permitted
on a lot of record that abuts or is separated by a public easement of no more than 25 feet in width to
another lot or lots on which the primary use is located, provided all lots are owned by the same owner and
none of the parcels are severed, legally sold, conveyed, or used without the other parcels. Examples
include but are not limited to: pet houses, storage sheds, swimming pools, garages, accessory uses and
structures for energy conservation and renewable energy production, and accessory structures for
stormwater management and water conservation.
Accessory vacation dwelling unit. An accessory dwelling unit as defined by this Chapter that is used
as a vacation dwelling unit as defined by this Chapter for periods of occupancy from 2 to 29 nights.
Accessory vacation dwelling unit, limited. A dwelling unit, as defined by this Chapter, that is an owner
occupied homesteaded property, offered for trade or sale, whether for money or exchange of goods or
services, for periods of no less than 2 consecutive nights and no more than 7 consecutive nights, and not
exceeding 21 nights in total per year.
Accessory wind power equipment. A small scale accessory wind power generating or distribution
system, that is clearly subordinate in size and use to the primary use and structure on the property, and
that is used to reduce energy consumption or to generate energy from non-fossil fuel and non-carbon
dioxide emitting sources on the property. Accessory wind power equipment is designed to generate no
more than 10Kw of energy.
Accessory wireless antenna attached to existing structure. Any wireless service antenna located in
or on the roof or upper facade of a structure that is not a telecommunications tower, such as a building,
water tower, steeple, silo or utility pole.
Adjacent developed lots facing the same street. Where a dimensional standard is related to
dimensions on “adjacent developed lots facing the same street” the measurement shall only include those
lots that contain a primary structure and that share a side lot line with the subject property and shall not
include corner lots where the primary structure faces a different street. If there is only one adjacent
developed lot that fronts the same street, the measure shall refer only to the dimension on that lot. For
purposes of this measurement, all contiguous lots in common ownership shall be considered as a single
lot, not as separate platted lots.
Adult entertainment establishment. See definition in Chapter 5 of the City Code.
Adult bookstore. See definition in Chapter 5 of the City Code.
Agriculture, community garden. A use in which land managed by a group of individuals is used to grow
food or ornamental crops, such as flowers, for donation or for use by those cultivating the land and their
households. Community gardens may be divided into separate plots for cultivation by one or more
individuals or may be farmed collectively by members of the group and may include common areas
maintained and used by group members.
Agriculture, farmers market. A recurring event, held outdoors or in another defined place, on
designated days and times, where market vendors, consisting of agricultural producers, home
processors, and craft producers that manufacture non-food goods by the force of their own labor, are
organized for the purpose of selling their products directly to the public. A minimum of 30% of vendors
shall be vendors selling food crops.
Agriculture, general. The production or keeping of livestock, dairy animals, dairy products, poultry or
poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains,
timber, trees, or bees and apiary products. This definition includes all activities listed under “agriculture,
urban.”

50-41 Definitions

determines conclusively the front of a lot, the city engineer shall select one frontage on the basis of traffic
flow on adjacent streets, so that the lot is considered to front on the street with the greatest traffic flow.
Lot frontage. Frontage shall be the dimension of the lot line at the street, except where the lot line at the
street is not straight, in which case the frontage shall be the dimension across the lot at the required front
yard line.
Lot of record. A parcel of land that is part of a subdivision, the map of which has been recorded by the
county recorder or a parcel of land described by metes and bounds the description of which has been
recorded by the county recorder.
Lots on the block face. When a dimensional standard is calculated based on a dimension measured for
“lots on the block face” the measurement shall apply only to (a) developed lots on the same side of the
street between the next two intervening side streets, and (b) lots that face developed streets (not to
streets shown on a plat or map that have not been constructed). For purposes of this measurement, all
contiguous lots in common ownership shall be considered as a single lot (not as separate platted lots).
Low density residential lot. A single lot located in an area that is zoned for one-family or two-family
residences and in which the predominant land use is such type of residences.
Low density residential structure. A one-family or two-family home.
Lowest floor. The lowermost floor of the lowest enclosed area, including basement and crawl space.
(Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 58; Ord. No. 10204, 3-11-2013, § 4; Ord.
No. 10285, 3-10-2014, § 8.)

Article 6, Page 21 (UDC 12/21)

50-41 Definitions

50-41.13 Definitions: M

Maintenance agreement. A legally recorded document that acts as a property deed restriction, and that
provides for long-term maintenance of stormwater BMPs.
Major system. In the context of stormwater management, one of the 42 major watercourses, or
tributaries, as described by the Urban Study for Duluth Area Stormwater Flooding March 1976. Includes
Lester/Amity Creeks, Tischer Creek, Brewery, Oregon, Miller, Coffee, Kingsbury, Knowlton, Stewart,
Sargent, Mission, Buckingham, Chester and other systems as designated by the city.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required
utilities. The term “manufactured home” does not include the term “recreational vehicle.”
Manufacturing, light. A facility or area used for the assembly, fabrication, or processing of goods and
materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or
safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place,
where such processes are housed entirely within a building, or where the area occupied by outside
operations or storage of goods and materials used in the assembly, fabrication, or processing does not
exceed 25 percent of the floor area of buildings on the lot. Examples include but are not limited to: food
processing, electronic equipment assembly and manufacturing and assembly from finished products.
Manufacturing, heavy. An establishment or use of land that includes the assembly, fabrication, or
processing of goods and materials using processes that ordinarily have impacts on the environment or
significant impacts on the use and enjoyment of surrounding properties in terms of noise, smoke, fumes,
odors, glare, or health or safety hazards, or any use where the area occupied by outside storage of goods
and materials used in the assembly, fabrication, or processing exceeds 25 percent of the floor area of
buildings on the lot. Examples include but are not limited to: battery, chemicals, machinery, and plastics
manufacture; mushroom plant; batching plant; beverage bottling and distribution, packaging plant;
slaughterhouse; and rendering plant. This use does not include any use that meets the definition of “light
manufacturing” or “hazardous or special manufacturing”, or a solid waste disposal site, or a yard waste
compost facility, and does not include any use that constitutes a public nuisance.
Manufacturing, hazardous or special. An establishment or business that uses hazardous inputs or
creates hazardous by-products in the course of manufacturing, assembly, fabrication, or materials
treatment, or that uses manufacturing, assembly, fabrication, or treatment processes that create
potentially hazardous impacts on the environment or surrounding areas. Examples include but are not
limited to: acid manufacture; acid bulk storage; cement, lime, gypsum or plaster of paris manufacture;
central concrete mixing or concrete proportioning plant; distillation, manufacture or refining of bones, coal
or tar asphalt; explosives, manufacture or storage; fat, grease, lard or tallow rendering or refining; fertilizer
manufacture from organic matter; glue or size manufacture; paper manufacture; petroleum or asphalt
refining or storage; smelting of tin, copper, zinc or iron ores; storage or processing raw hides or fur; and
stockyards or slaughter of animals other than poultry.
Marina or yacht club. A facility or area for storing, servicing, fueling, berthing, securing, and launching
of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners,
crews and guests. Accessory uses may include restaurants and bars.
Maximum extent practicable (MEP). The statutory standard (33 U.S.C. 1342(p)(3)(B)(iii)) that
establishes the level of pollutant reductions that an Owner or Operator of Regulated MS4s must achieve.
The USEPA has intentionally not provided a precise definition of MEP to allow maximum flexibility in MS4
permitting. The pollutant reductions that represent MEP may be different for each Small MS4, given the
unique local hydrologic and geologic concerns that may exist and the differing possible pollutant control
strategies. Therefore, each permittee will determine appropriate BMPs to satisfy each of the six minimum
control measures through an evaluative process. The USEPA envisions application of the MEP standard
as an iterative process.
Medical cannabis. Medical cannabis shall mean the definition for same provided under Minn. Stat. §
152.22, subd. 6, as may be amended.
Medical cannabis distribution facility. Medical cannabis distribution facility shall mean a facility
operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in
accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the
commissioner of the Minnesota department of health or other applicable state law.

Article 6, Page 22 ( UDC 12/21)

50-41 Definitions

Medical cannabis laboratory. Medical cannabis laboratory shall mean an independent laboratory
permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with
Minn. Stat. § 152.29, subd. 1(b), as may be amended, and the requirements of the commissioner of the
Minnesota department of health or other applicable state law.
Medical cannabis manufacturer. Medical cannabis manufacturer shall mean the definition for same
provided under Minn. Stat. § 152.22, subd. 7, as may be amended.
Medical or dental clinic. An establishment where patients who are not lodged overnight are admitted for
examination and treatment by a group of licensed health care practitioners, dentists, or licensed health
care practitioners and dentists in practice together.
Migratory bird flight path. The zone of jurisdictional land located from the Lake Superior and Saint
Louis River shorelines to no less than two miles inland or where Skyline Parkway runs parallel to the
shoreline, an area from the shoreline to Skyline Parkway or two miles inland, whichever is greater.
Mining, extraction and storage. The extraction, removal or the processing of sand, clay, loam, gravel,
rock, top soil or fill materials (exclusive of sod) for commercial purposes, except as a necessary incident
to any construction on the premises.
Mini-storage or self-service storage facility. A facility with controlled access that contains varying
sizes of individual, compartmentalized and controlled access units or lockers leased or rented on
individual leases for varying periods of time where individuals can store and remove their own personal
property. This use can be located in an individual building or within multiple buildings. This use is not
intended for auction, commercial, wholesale or retail sales or miscellaneous or garage sales, except if
specifically approved as an integral part of mixed use self-service storage facility.
Minor system. Those other city drainage systems that empty into the major system, which mainly
consists of storm sewer, culverts and smaller open channel sections such as swales and small ditches.
Minor utilities. A piece or system of service equipment or infrastructure that is necessary to support
development within the immediate vicinity and that involves only small structures. Employees typically
are not located at the site on an ongoing basis. Examples include but are not limited to: electric
transformer stations, gas regulator stations, telephone exchange buildings, cable equipment boxes,
district power distribution lines, electric utility boxes, and well, water and sewer pumping stations.
Mixed use structure. A structure containing a mix of the four major land uses, as defined by the
permitted use table in UDC Section 50-19 (residential, public, commercial, and industrial). To be
considered a mixed use structure, a structure must have at least 20 percent of its total square footage
used by one of the four major land uses that is different than its principal use.
Modify or modification. When used in the context of wireless telecommunications facility, the addition,
removal or change of any of the physical and visually discernable components or aspects of a wireless
facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the
color or materials of any visually discernable components, vehicular access and parking. Adding a new
wireless carrier or service provider to a telecommunications tower or telecommunications site as a co-
location is a modification. A modification shall not include the replacement of any components of a
wireless facility where the replacement is identical to the component being replaced or for any matters
that involve the normal repair and maintenance of a wireless facility without adding, removing or changing
anything, nor does it include upgrades or changeouts of equipment or antennas where the replacement is
of similar size and appearance.
Motor vehicle. Any self propelled vehicle designed primarily for transportation of person or goods. It
does not include an electric personal wheelchair.
Municipal separate storm sewer system (MS4). A conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels
or storm drains):
A. Owned or operated by a state, city, town, borough, county, parish, district, association or other
public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial
water, stormwater or other wastes. Including special district, or similar entity or an Indian tribe or an
authorized Indian tribal organization or a designated and approved management agency under Section
208 of the CWA (33 U. S. C.1288) that discharges to waters of the United States;
B. Designed or used for collecting or conveying stormwater;
C. That is not a combined sewer; and
D. That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.
MPCA. Minnesota pollution control agency.

50-41 Definitions

Preschool. An establishment licensed by the state to provide a systematic organization or arrangement

of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social,
and emotional development of a child, who is at least 33 months old but who has not yet attended the first
day of kindergarten, in the absence of the parent for a period of less than 24 hours a day.
Principle use or structure. All uses or structures that are not accessory uses or structures.
Pylon. A decorative extension above the roof line of a building that is designed as an integral part of the
building and that is constructed of masonry or is completely enclosed by the same material as the main
exterior walls of the building. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 58; Ord. No.
10204, 3-11-2013, § 4; Ord. No. 10338, 11-24-2014, § 5.)

50-41 Definitions

Retail store. A facility or area for the retail sale of general merchandise or food to the general public for
direct consumption and not for wholesale. Typical general merchandise includes clothing and other
apparel, equipment for hobbies or sports, gifts, flowers and household plants, dry goods, convenience
and specialty foods, toys, furniture, books and stationery, pets, drugs, hardware and similar consumer
goods. This definition does not include retail uses defined elsewhere in this Chapter.
A. A small retail store is one that contains less than 15,000 square feet of gross floor area;
B. A large retail store is one that contains 15,000 square feet or more of gross floor area.
Riding stable. An establishment or area for keeping horses or other domestic animals other than for the
property owner’s personal use, for compensation, hire, boarding, riding or show.
Rooming house. A building containing habitable units and that provide sleeping or living
accommodations by prior arrangements, regardless of whether those accommodations are offered for
compensation or not, and for definite time periods. Some or all bathroom and/or kitchen facilities, where
provided, are for use on a communal basis. Individual habitable units are not owned by occupants, except
that a habitable unit may be occupied by the owner of the building.
Runway. Any existing or planned paved surface or turf covered area of the airport that is specifically
designated and used or planned to be used for the landing or taking off of aircraft. (Ord. No. 10044,
8-16-2010, § 6; Ord. No. 10047, 8-30-2010 § 5; Ord. No. 10096, 7-18-2011, § 58; Ord. No. 10204,
3-11-2013, § 4; Ord. No. 10285, 3-10-2014, § 10; Ord. No. 10338, 11-24-2014, § 6; Ord. No. 10746, 5-
10-2021, § 6)

Article 6, Page 32 ( UDC 12/21)

50-41 Definitions

50-41 Definitions

50-41.20 Definitions: T

Telecommunications. The transmission or reception of audio, video, data, and other information by
wire, radio frequency, light and other electronic or electromagnetic systems.
Telecommunications site. See wireless telecommunications facilities.
Telecommunications structure. A structure used in the provision of services described in the definition
of wireless telecommunications facilities.
Temporary. A fixed period of time not to exceed 180 days. For the purposes of wireless
telecommunications, temporary means not more than 90 days.
Temporary construction office or yard. A facility or area used as a temporary field construction office,
temporary outdoor storage of construction equipment and materials associated with an active permit to
demolish or construct buildings, structures or infrastructure.
Temporary event or sales. A temporary outdoor use of land for the purposes of an event or sale
including but not limited to: a circus, carnival, fair, part, or celebration that reasonably may be expect ed to
attract more than 100 persons at any one time; or any sale made by a person, firm or corporation
engaging in the temporary business of selling goods, wares or merchandise from a tent, truck, vending
cart or other area outside of a permanent structure on property owned or leased by the person, firm or
corporation. The temporary event or sale must be secondary to or incidental to the permitted use or
structure existing on the property and not incompatible with the intent of the zone district.
Temporary farm stand. A temporary structure or use allowing the display and sale of food or ornamental
crops.
Temporary real estate sales office. A facility or area used as a temporary office to sell land or buildings
within a specified area or subdivision.
Theater. A building, structure or part of a building devoted to showing motion pictures, or for dramatic,
dance, musical, or other live performances.
Tourist or trailer camp. Any park, trailer park, trailer court, camp, site, lot, parcel or tract of land
designed, maintained or intended for the purpose of supplying a location or accommodations for any
trailer coach or trailer coaches or upon which any trailer coach or trailer coaches are parked, and shall
include all buildings used or intended for use as part of the equipment or establishment, whether or not a
charge is made for the use of the trailer camp and its facilities. Trailer camp shall not include automobile
or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.
Tower. In the context of wireless telecommunications, any structure designed primarily to support an
antenna for receiving or transmitting a wireless signal.
Trailer. Any vehicle without motive power designed for carrying persons or property and for being drawn
by a motor vehicle. The term shall include trailers whose wheels or axles have been removed.
Tree of interest. All trees of more than ten inches DBH, and all special tree species of more than six
inches DBH shall be considered trees of interest, unless they are under power lines or deemed
hazardous by a certified arborist or landscape architect or professional forester. In addition, any
replacement tree planted as part of a tree replacement plan shall be considered trees of interest, even if it
does not meet the size definition above.
Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property.
Truck freight or transfer terminal. A facility in which goods shipped by truck are loaded, unloaded, or
transferred between trucks for shipping or distribution, together with incidental truck storage,
maintenance, and administrative offices.
Truck or heavy vehicle sales, rental, repair or storage. A facility that is engaged in the sales, rental,
repair or storage of heavy equipment typically used in agricultural, commercial or industrial operations,
including tractors, trucks with a gross vehicle weight of over 10,000 pounds, semi trucks or trailers,
harvesters, loaders and tracked vehicles as well as sales of parts, whether new or used, for heavy
equipment. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10204, 3-11-2013, § 4, Ord. No. 10670, 12-9-
2019, §4; Ord. No. 10784, 12-8-2021, § 3)

Article 6, Page 39 (UDC 12/21)

50-41 Definitions

50-41.21 Definitions: U

University or college. An educational institution authorized by the state to award associate,

baccalaureate or higher degrees.
Useable open space. Open space, other than required building setback areas, that is utilized
exclusively for active recreational purposes such as softball, tennis or playgrounds or for passive
recreational purposes such as pedestrian walkways or trails that have been preserved in their natural
setting or landscaped. Areas with slopes of 15 percent or greater, and areas of wet, spongy land
saturated and partially or intermittently covered with water shall not be considered useable open space.
Useable open space shall not include streets or other vehicular access not used exclusively for the
maintenance of such open space. Land on which buildings or other facilities are located may be
considered useable open space if those buildings or other facilities are used for noncommercial,
recreational or cultural purposes that are compatible with useable open space objectives and have been
specifically approved as part of the development plan.
Utility, major. A facility providing an important regional utility service, such as water, sewer, or drainage,
that normally entails construction of new buildings or structures, and that typically has employees on the
site on an ongoing basis. Examples include but are not limited to: water works, sewage treatment plants,
reservoirs, regional stormwater detention ponds and other similar facilities.
Utility, minor. Equipment necessary to support utility services to development within the immediate
vicinity and that involves only minor accessory structures. Employees typically are not located at the site
on an ongoing basis. Examples include but are not limited to: electric transformer stations and service
boxes, gas regulator stations, telephone service boxes, and well, water and sewer pumping stations, and
related underground and aboveground pipes and wires, but excluding those that meet the definition of an
electric power transmission line.
Utility runway. A runway that is constructed for and intended to be used by propeller driven aircraft of
12,500 pounds maximum gross weight and less. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096,
7-18-2011, § 58; Ord. No. 10204, 3-11-2013, § 4.)

Article 6, Page 40 ( UDC 12/21)

50-41 Definitions

50-41.22 Definitions: V

Vacation dwelling unit. A dwelling unit, as defined by this Chapter, offered for trade or sale, whether for
money or exchange of goods or services, for periods of 2 to 29 nights.
Veterinarian or animal hospital. A facility for the diagnosis, treatment or hospitalization of animals, and
including the incidental boarding or breeding of animals.
Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures,
with no straight in instrument approach procedure and no instrument designation indicated on an
approved planning document. (Ord. No. 10044, 8-16-2010, § 6; renumbered by Ord. No. 10096,
7-18-2011, § 58; Ord. No. 10204, 3-11-2013, § 4; Ord No. 10446, 4-11-2016, §8; Ord. No. 10698, 4-13-
2020, §5)

Article 6, Page 41 (UDC 12/21)

50-41 Definitions

50-41.23 Definitions: W

Watercourse. A channel in which a flow of water occurs either continuously or intermittently in a definite
direction. The term applies to either natural or artificially constructed channels.
Water-dependent bulk storage or wholesaling not listed elsewhere. A bulk storage or wholesaling
use as defined by this Chapter, but not separately defined, that must be located near water because of
the nature of the goods being stored or wholesaled or the means by which they are being transferred to
or from the site, or because the establishment’s suppliers or customers must be located near water
Water dependent manufacturing, light or heavy. A light or heavy manufacturing use, as defined by
this Chapter, that must be located near water because of the nature of the goods being manufactured,
assembled, fabricated, or treated or the means by which they or their inputs are being transferred to or
from the site, or because the establishment’s suppliers or customers must be located near water
Water management district. Land that by definition is in a flood plain district, a shoreland district, or a
wetland.
Water or sewer pumping station/reservoir. Facilities to collect or distribute water or wastewater from a
defined service area, and that typically does not have employees at the site, including but not limited to
water-pumping stations, water reservoirs and sewage pumping stations.
Water or sewer treatment facility. An establishment to treat water or wastewater from a defined service
area, and that typically has employees at the site, including but not limited to water treatment plants,
sewage treatment plants and sewage disposal plants.
Waters of the state. All streams lakes ponds, marshes, water course, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, that are contained within, flow through or
border upon the state or any portion of the state. Constructed wetlands designed for wastewater
treatment are not waters of the state.
Wetland. Those areas that are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support and that under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas. Wetlands must have the following attributes:
A. A predominance of hydric soils;
B. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to
support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition;
C. Under normal circumstances support a prevalence of such vegetation.
Wholesaling. A use engaged in enclosed wholesale of manufactured products, supplies, and
equipment, including accessory offices and showrooms. Products may be picked up on-site or delivered
to the customer. This use does not include sales to the public at large or to consumers who are members
or a club or association, regardless of whether the name of the business includes some version of the
word “wholesale."
Wind power facility (primary use). A primary use of land including an aggregation of parts including the
base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility
interconnect and battery banks, in a configuration necessary to convert the power of wind into mechanical
or electrical energy. Examples include but are not limited to: wind charger, windmill and wind turbine.
Wireless telecommunications facilities. A structure, facility or location designed, or intended to be
used as, or used to support antennas or other transmitting or receiving devices. This includes without
limit, towers of all types and kinds and structures, including but not limited to buildings, church steeples,
silos, water towers, signs or other structures that can be used as a support structure for antennas or the
functional equivalent of antennas. It also includes all related facilities and equipment such as cabling,
equipment shelters and other structures associated with the site. It is a structure and facility intended for
transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications
services (PCS), commercial satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC. This term also includes a telecommunications site
and personal wireless facility. (Ord. No. 10044, 8-16-2010, § 6; renumbered by Ord. No. 10096,
7-18-2011, § 58; Ord. No. 10204, 3-11-2013, § 4.)

Article 6, Page 42 ( UDC 12/21)

50-41 Definitions

50-41.24 Definitions: X

No definitions. (Ord. No. 10204, 3-11-2013, § 4.)

Article 6, Page 43 (UDC 12/21)

50-41 Definitions

50-41.25 Definitions: Y

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
Yard depth or width. In measuring a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and
the main building shall be used.
Yard, front. A yard extending across the front of a lot between the side lot lines, and being the minimum
horizontal distance between the street line and the primary building, but ignoring projections permitted by
this Chapter.
Yard, rear. A yard extending across the rear of a lot between the side lot lines and being the minimum
horizontal distance between the rear of the primary building, but ignoring projections permitted by this
Chapter. On all lots the rear yard shall be at the opposite end of the lot from the front yard.
Yard, side. A yard between the main building and the side line of the lot, and extending from the front
yard to the rear yard, and being the minimum horizontal distance between a side lot line and the side of
the primary building, but ignoring projections permitted by this Chapter.
Yard waste. The garden wastes, leaves, lawn cuttings, weeds and prunings generated at residential or
commercial properties.
Yard waste compost facility. A site used to compost or co-compost yard waste that originates off of the
site including all structures or processing equipment used to control drainage, collect and treat leachate,
and storage area for the incoming yard waste, the final product and residual resulting from the
composting process. (Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 58; Ord. No. 10204,
3-11-2013, § 4.)

50-41.26 Definitions: Z

No definitions. (Ord. No. 10204, 3-11-2013, § 4.)

Article 6, Page 44 ( UDC 12/21)

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