HomeMy WebLinkAbout1711Ordinance No.1696
ORDINANCE NO. 1711
AN ORDINANCE AMENDING CHAPTER 9 – LAND USE OF THE CITY CODE OF 2005
TO AMEND 9.101 PURPOSE, 9.103 DEFINITIONS, 9.104 ADMINISTRATION AND ENFORCEMENT, 9.106
GENERAL DEVELOPMENT STANDARDS, 9.107 SPECIFIC DEVELOPMENT STANDARDS, 9.109 RESIDENTIAL
DISTRICTS, 9.110 COMMERCIAL DISTRICTS, 9.111 INDUSTRIAL DISTRICTS, 9.113 PLANNED UNIT
DEVELOPMENT DISTRICTS, 9.114 OVERLAY DISTRICTS, AND 9.115 PUBLIC AND OPEN SPACE DISTRICTS.
The City of Columbia Heights does ordain:
Section 1
The following language for Purpose, Authority, and Jurisdiction is amended as provided in Section 9.101 of
the City Code of 2005, and hereby established to read as follows:
(A) Title. This article shall be known, cited and referred to as the Columbia Heights Zoning and
Development Ordinance, except as referred to herein, where it shall be known as “this article.”
(B) Purpose. The City Council of the City of Columbia Heights, Minnesota, adopts this article to
accomplish the following:
(1) Protect the public health, safety, morals, aesthetics, comfort, convenience and general
welfare of the community and its people;
(2) Implement the goals and policies included in the city's comprehensive plan, Energy Action
Plan, and other guiding documents;
(3) Divide the city into districts restricting and regulating therein the location, construction,
reconstruction, alteration and use of structures and land;
(4) Protect the stability and character of residential, commercial, industrial and public areas of
the city and promote the orderly development of those areas;
(5) Provide and protect adequate light, air, privacy and convenience of access to property;
(6) Provide a safe and efficient traffic circulation system for all modes of transportation and limit
congestion in the public rights-of-way;
(7) Prevent overcrowding of land and undue concentration of structures by regulating the use of
land and buildings and the bulk of buildings in relation to the land and buildings surrounding them;
(8) Provide for the compatibility of different land uses and the most appropriate use of land
throughout the city;
(9) Provide for the effective administration of this article, including powers and duties of officers
and bodies, procedures and standards for land use approvals, and procedures for enforcement;
(10) Establish a continuing system of review of this article to ensure it will be amended to meet
the changing needs of the city;
(11) Encourage and strengthen solar development and uses of renewable energy while
protecting public health, safety, and welfare of its residents and furthering progress towards specific
community goals and plans.
(C) Authority. This article is enacted under the authority granted to the City of Columbia Heights by
the Municipal Planning Act, M.S. §§ 462.351 to 462.365, as they may be amended from time to time.
If those statutes are amended to restrict or enlarge the authority delegated to the city, those
amendments shall be incorporated into this article.
(D) Jurisdiction. This article governs the use of all land and structures within the corporate limits of
the City of Columbia Heights, unless such regulation is specifically pre-empted by state or federal law
or regulation.
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(E) Violations. Any violation of any provision of this article shall be considered a misdemeanor and
shall be subject to a fine and/or a jail term under state law plus the cost of prosecution. Each day a
violation exists shall constitute a separate violation for the purposes of this section.
Section 2
The following definitions are amended or added as provided in Section 9.103 of the City Code of 2005, is hereby
established to read as follows:
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
ABANDONMENT. To discontinue a use or activity for any reason, but excluding temporary interruptions to the use
during periods of building or remodeling where a valid building permit has been issued or during periods of routine
seasonal closure.
ACCESSORY BUILDING OR STRUCTURE. A building or structure or portion of a structure subordinate to and serving
the principal structure on the same lot. Solar equipment and renewable energy installations are not considered to be
structures.
ACCESSORY USE. A use that is reasonably necessary and incidental to the conduct of the primary use of the principal
building or buildings.
ADDITION. Any change or modification in construction or occupancy of an existing structure. The enclosure of an
existing screened porch, deck, roofed deck, patio, or roofed patio shall be considered an addition.
ADJACENT or CONTIGUOUS. Bordering, touching or adjoining. If two lots are separated by a public street, they shall
not be deemed adjacent. If two lots are separated by a public walkway, they shall be deemed adjacent.
ADULT USE. Adult uses include adult bookstores, adult motion picture theaters, adult motion picture sales/rental,
adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult
companionship establishments, adult conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios,
and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at
or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities”
or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as
obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not included.
ADULT USE, ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and
which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such
items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and
the like.
ADULT USE, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole
activity of a business or establishment and include, but are not limited to adult body painting studios, adult
bookstores, adult cabarets, adult companionship establishments, adult conversation parlors, adult health clubs, adult
theaters, adult modeling studios, and adult saunas and massage parlors.
ALLEY. A public right-of-way or private way that affords a secondary means of access to abutting property.
ANNEXATION. The incorporation of a land area into the city with a resulting change to the corporate limits of the
city.
ASSISTED LIVING. A facility licensed by the MnDOH where individualized home care aide services or home
management services are provided to residents either by management or by providers under contract with the
management.
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AUTO REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles or the remains thereof are
kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment.
AUTO AND TRUCK SALES LOT. Buildings and premises for automobile/truck sales and show rooms with incidental
and accessory sales and service facilities also permitted but not required.
AUTO AND TRUCK SALES LOT, USED. Any land used or occupied for the purpose of buying and selling secondhand
passenger cars or trucks, and the storing of such vehicles prior to sale.
AUTOMOBILE, USED. Any secondhand, previously owned passenger vehicle, car, or truck.
AVERAGE EXISTING GRADE. The average existing grade is measured as the existing elevation (prior to any
construction alterations) at each corner of the structure and calculating an average.
AVERAGE FINISHED GRADE. The average finished grade is measured by taking the finished elevation (after any
construction alterations) at each corner of the structure and calculating an average; see example images below:
BANNER, FLAG or PENNANT. A sign made of a flexible material, such as cloth, paper, or plastic, however and
wherever affixed.
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BANQUET HALL. A building for the purpose of hosting a party, banquet, wedding, reception or other social events.
BASEMENT. A portion of a building located partially, up to 50% underground or below grade.
BAY. Cantilevered portion of a building.
BED AND BREAKFAST RESIDENCE. An owner-occupied, single-family residence that provides lodging and meals to
registered guests.
BEDROOM. Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary
facilities.
BOARD OF ADJUSTMENTS. The Columbia Heights Planning Commission.
BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre- arrangement for
definite periods, meals and/or lodgings are provided for three or more persons, but not to exceed eight persons.
BREW PUB. A restaurant that conducts the retail of on-sale malt liquor consumed and brewed on the premise.
BREWER TAPROOM. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on-sale
and consumption of malt liquor produced by the brewer.
BUFFER. A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or
properties from one another.
BUILDABLE AREA. The area of the lot remaining after the minimum yard or setback requirements of this article have
been established.
BUILDING. Any roofed structure that may provide shelter or enclosure of persons, animals or chattel. Solar
equipment and renewable energy installations are not considered to be structures.
BUILDING LINE. A line parallel with the street right-of-way, or any property line, at the foundation level of a building
and representing the distance which the building is set back from the street right-of-way or other property line.
BULK REGULATIONS. Standards and controls that establish the maximum size of structures and the buildable area
within which the structure can be located, including height, floor area ratio, gross floor area, lot area, lot coverage,
impervious surface area and yard requirements, but excluding residential density regulations.
BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold or which
occupies time, attention labor and/or materials or where services or goods are offered for compensation.
BUSINESS FRONTAGE. The property lines or lease lines at the front of the building or the location of the main public
entrance of said building.
CANOPY, AWNING or MARQUEE. A projection or extension of a structure, building or place of assembly, erected in
such a manner as to provide a shelter or cover over the approach to any entrance of such structure, building, or place
of assembly.
CARPORT. An automobile shelter having one or more sides open.
CARWASH. A building that provides facilities for washing and cleaning motor vehicles, which may use production
line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.
CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing for the occupancy or use of a
building, and certifying that the structure or use has been constructed or will be used in compliance with all the
applicable codes and ordinances.
CLINIC, MEDICAL. A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those
persons who are in need of medical attention. Overnight care facilities are not provided at the clinic.
CLINIC, VETERINARY. A place used for the diagnosis and treatment of sick or injured animals and those animals in
need of medical attention.
COFFEE SHOP. An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for
consumption on the premises or for carryout, which may also include the sale of a limited number of food items.
COLOR. Any hue or combination of values of these. Black and white, shall not be considered colors.
COMMERCIAL USE. A use of land, building or structure intended, designed or arranged for a business, occupation,
trade, or profession, including entertainment, services or sale of goods.
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COMMUNITY CENTER. An establishment operated by a non-profit organization or government agency, which
includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination
thereof.
Community-scale solar energy system. A solar photovoltaic system that qualifies for the Community Solar Gardens
identified by the State of Minnesota Commerce Department’s Energy and Utilities.
COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public use of land and
water, transportation, and community facilities including recommendations for plan execution, documented texts,
ordinances, maps which constitute the guide for the future development of the city.
CONDITIONAL USE PERMIT. A permit specially and individually granted by the City Council after public hearing
thereon by the Planning Commission for any conditional use so permitted in any use district.
CONVENIENCE STORE. A retail establishment, having a maximum gross floor area of 7,500 square feet, offering for
sale prepackaged food products, household items and other goods commonly associated with this type of store. This
use may also be combined with a motor vehicle service station.
COUNCIL. The Columbia Heights City Council.
CURB. A stone, asphalt or concrete boundary marking the edge of a roadway or paved area.
CURB LEVEL. The grade elevation as established by the city, of the curb in front of the center of the building. Where
no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of
this article.
CURB LINE. The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line
shall be established by the City Engineer.
DAY CARE, ADULT. A facility that provides care to functionally impaired adults on a regular basis for periods of less
than 24 hours in a structure that is not the residence of the person being served or the facility operator.
DAY CARE, FAMILY. A facility that provides care, protection and supervision of children in a private residence for
periods of less than 24 hours. The size of the outdoor play area, the maximum number of children who may be
served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota
Statutes. This use may be licensed by other agencies.
DAY CARE, GROUP. A non-residential facility where child care, protection and supervision services are provided on a
regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a NURSERY.
DECK, ATTACHED. A structure six feet or more attached to the main building that may or may not have a railing or
access to the ground, but does not have a roof or contain walls.
DECK, DETACHED. A free-standing structure that is directly adjacent or attached to the principal building that may or
may not have a railing, but does not have a roof or contain walls.
DENSITY. The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land
shall not include any land required for public streets or other rights-of-way.
DEVELOPMENT. All structures and other human modifications of the landscape.
DRINKING ESTABLISHMENT. Any premise where alcohol or non-alcoholic beverages are sold at retail for
consumption on the premises.
DRIP LINE. A vertical line extending from the outermost branches of a tree to the ground.
DRIVE-IN FACILITY. Any portion of a building from which business is transacted, or is capable of being transacted,
directly with customers located in a motor vehicle. Such use may also be referred to as a drive-through.
DRIVEWAY. A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two-
family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access
to a private garage.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively by a family,
but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer
coaches.
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DWELLING, ATTACHED. A dwelling that is joined to another dwelling on one or more sides by a common wall.
DWELLING, DETACHED. A dwelling that is surrounded by open space on the same lot.
DWELLING, MULTIPLE. A building so designed as to contain three or more dwellings as the principle use.
DWELLING, TOWNHOUSE. Attached dwelling units, each with a separate entrance to front and rear yards.
EASEMENT, UTILITY. A grant by a property owner for the use of a portion or strip of land for the purposes of
constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners,
telephone lines, storm sewers or storm drainage ways, and gas lines.
EMERGENCY SHELTER. A non-profit, charitable, or religious organization providing boarding and/or lodging and
ancillary services on the premises primarily to indigent, needy, homeless or transient persons.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that flood
plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This as
determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides
of a stream for a significant reach.
ESSENTIAL SERVICE. Underground or overhead gas, electrical, steam, or water distribution systems; collection,
communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction
therewith; but not including telecommunication towers.
FACADE. The exterior wall of a building exposed to public view.
FAMILY. An individual, or two or more persons each related by blood, marriage or adoption, living together as a
single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household
and using common cooking and kitchen facilities.
FENCE. A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within
the required yard.
FILLING. The placement of sand, gravel, earth or other materials of any composition on a parcel of land.
FIREARM. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to
expel a projectile by the action of an explosive or other form of combustion, but excluding a stud or nail gun used in
the construction industry or a toy gun.
FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood
state or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term
floodway fringe used in the Flood Insurance Study.
FLOOD PLAIN. The areas adjoining a watercourse that have been or hereafter may be covered by the regional flood.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures
subject to flooding primarily for the reduction or elimination of flood damages.
FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plain that is reasonably
required to carry and discharge the regional flood.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors measured to the outside of exterior
walls.
FLOOR AREA, NET. The sum of the gross horizontal areas of the several floors of a building including interior
balconies, mezzanines and basements, but excepting that area primarily devoted to window display, fitting rooms,
stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, inside off-street parking or loading
space. Measurements shall be made from the outside of exterior walls.
FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by
the lot area on which such building or buildings are located.
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FRONTAGE. The distance for which a lot line coincides with the right-of-way line of a public street or the boundary
of a private street.
FUNERAL HOME. A building or part of a building thereof used for human funeral services. Such building may contain
space and facilities for embalming and other services used to prepare the dead for burial, performance of autopsies,
storage of caskets, funeral urns and other related funeral supplies and the storage of other funeral supplies, but
excluding crematoriums.
GARAGE, PRIVATE. A detached accessory building or portion of principal building, including a carport, which is used
primarily for storing passenger vehicles, trailers or one truck of a rate capacity not in excess of 9,000 pounds.
GARAGE SALE. Any display of used goods and/or salesmen samples and sale of said goods on a property used
primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwelling.
GLARE, DIRECT. That part of the visible light reaching an observer directly in a straight line from the source of its
principal diffuser and/or its associated focusing reflector.
GLARE, INDIRECT. Light described in the definition for direct glare, but reaching an observer by reflection from a
surface or surfaced which either:
(1) Move periodically under power of the wind, electricity, burning fossil fuel, or similar energy source; or
(2) Reflect 70% or more of the light incident upon them; or
(3) Produce by imaging the effect of the conditions of subdivision (a) above.
GRADE. The elevation or level of the street closest to the building, structure or sign to which reference is made,
measured at the street's centerline.
GRAPHICS. An illustration or rendering which is not for an advertising purpose and which is applied directly to a
building or structure.
GRID-CONNECTED SOLAR ENERGY SYSTEM. A solar photovoltaic system that is connected to an electric circuit served
by an electric utility company.
Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is
ballasted on, or is attached to, the ground and the system is accessory to the primary use.
Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is
ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary
use systems are permitted through a discretionary approval process.
HEIGHT, BUILDING. Building height is measured as the distance from the average finished grade to the tallest point
of a flat roof; or the peak of a pitched or mansard roof; or the highest point on all other roof types.
HEIGHT, SIGN. Sign height is measured as the distance from the average existing grade to the tallest point on the
structure or sign, whichever is taller. For pylon signs, the average existing grade is taken from the elevation where the
pole meets the existing grade.
HEIGHT, STRUCTURE. Structure height is measured as the distance from the average finished grade to the tallest
point on the structure.
HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use
must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not
change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a
nuisance or safety hazard.
HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for
compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking
in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge.
IMPERVIOUS SERVICE. A surface that is occupied by buildings or structures, or has been compacted or covered with
a layer of material so that it is highly resistant to infiltration by water.
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INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of
goods, products, commodities or other wholesale items.
JUNK YARD. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored baled,
cleaned, packed, disassembled or handled including but not limited to scrap, iron, and other metals, paper, rags,
rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process
when within an enclosed area or building shall not be included.
KENNEL. Any premises where three or more non-caged domestic animals over six months of age are kept, except for
an animal hospital, pet shop or veterinary clinic.
LAND ALTERATION. Depositing or removing 400 cubic yards or more of material after the effective date of this
article so as to modify the existing grade, excluding excavations for the placement of footings or the construction of
basements.
LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in this article, abutting
on a public street, and of sufficient size to provide the yard required by this article.
LOT AREA. The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the
waters of a duly recorded lake or area which has been dedicated as a public right- of-way.
LOT AREA PER DWELLING UNIT. The number of square feet of lot area required per dwelling unit.
LOT, CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets or other public
rights-of-way, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does
not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into the public
right-of-way or a proposed public right-of-way shown on a recorded official map, the line of such public right-of-way
shall be deemed the lot line.
LOT LINE, FRONT. That boundary of a lot that abuts a public street. In the case of a corner lot it shall be the shortest
dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the
owner and filed with the city.
LOT LINE, REAR. That boundary of a lot that is opposite the front lot line. If the rear lot line is less than ten feet in
length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel
to, and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot that is not a front lot line or a rear lot line.
LOT OF RECORD. Any lot which is one unit of a plat heretofore or hereafter duly approved and filed, or one unit of
an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered for
which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds
or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this article.
LOT, SUBSTANDARD. A lot or parcel of land that has less than the required minimum area or width as established by
this article as a buildable parcel.
LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is
not a corner lot. On a through lot, both street lines shall be front lot lines for applying this article.
LOT WIDTH. The minimum horizontal distance between the side lot lines as measured at the median point of the
front yard setback line.
MANUFACTURED HOME. A manufactured home means a factory-built structure or structures equipped with the
necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear
and designed to be used as a dwelling unit or units without a permanent foundation. The phrase “without a
permanent foundation” indicates that the support system is constructed with the intent that the mobile home placed
thereon will be moved from time to time at the convenience of the owner.
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MANUFACTURED HOME PARK. A parcel of land so designed and improved with utilities, parking pads, walks, access
roads, and other facilities to accommodate manufactured homes that are to be used as dwellings and that have
received state approval.
MOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for
compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking
in any guest room, and in which ingress and egress to and from all rooms is made directly from the outside.
MOTOR FREIGHT TERMINAL. A building or area where freight arrives and/or is removed for routing in intra-state or
inter-state shipment by motor truck.
MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but may also be
engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles.
MOTOR FUEL STATION, MAJOR. A primarily retail place of business which may engage in major motor vehicle repair
and may include auto wash or convenience store as an accessory use.
MOTOR FUEL STATION, MINOR. A retail place of business which shall have no more than two service bays, and may
engage in minor motor vehicle repair.
MOTOR VEHICLE PARTS STORE. Any building or premise used for the purpose of selling and storing any component,
product or system of an automobile, motorcycle or truck vehicle.
MOTOR VEHICLE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers,
including body work, frame work and major painting service.
MOTOR VEHICLE REPAIR, MINOR. The replacement of any part or repair of any part including the removal of the
engine head or pan, engine, transmission or differential; incidental body and fender work; minor painting and
upholstering service when said service above stated is applied within an enclosed building.
NONCONFORMITY. Nonconformity shall have the meaning given in the M.S. § 394.22, subd. 8, or successor statutes.
NOXIOUS MATTER OR MATERIAL. Material capable of causing injury to living organisms by chemical reaction, or is
capable of causing detrimental effects on the physical or economic well being of individuals.
NURSING HOME. A place, residence, or home used for the boarding and care of elderly or infirm that are dependent
upon the services of others.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel
rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of
the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the
flow of water might carry the same downstream to the damage of life or property.
OFFICE. A building or portion of a building wherein services are performed involving predominantly administration,
professional or clerical operations.
OFFICIAL CONTROL. Means legislatively defined and enacted policies, standards, precise detailed maps, and other
criteria all of which control the physical development of a municipality or a county or any part thereof or any detail
thereof, and are the means of translating into ordinances all or any part of the general objections of the
comprehensive plan. Such official controls may include but are not limited to ordinances establishing zoning,
subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps.
OFFICIAL MAP. Means a map adopted in accordance to Minnesota Statutes which may show existing roads and
highways, future roads and highways and the area needed for widening existing public land and facilities and other
land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities.
OPAQUE. Impervious to the passage of light.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods
are not enclosed within a building but not including new or used cars or trucks.
OPEN SPACE, COMMON. Open space within or related to a development designed and intended for the common
use or enjoyment of the occupants of the development or the public at large.
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ORDINARY HIGH WATER MARK. Shall have the meaning given in M.S. § 103G.005, subd. 14; or successor statutes.
OUTSIDE STORAGE. The keeping in an unroofed area of any goods, bulk material, other material, merchandise, or
products for more than 24 hours.
OVERLAY DISTRICT. A zoning district that encompasses one or more primary zoning districts, or portions thereof,
and that imposes additional requirements above and beyond those required by the primary zoning district.
PARCEL. An area of land that may be designated by platting, by metes and bounds descriptions, by a registered land
survey, by auditor's subdivision, or other acceptable means, which distinguishes it from other parcels.
PARKING, JOINT. The development and use of a parking space or parking lot by two or more separate uses.
PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or
who deals in the purchasing of personal property or other valuable items on condition of selling the same back again
at a stipulated price or who loans money secured by security interest on personal property or any part thereof.
PAWN SHOP. A business establishment operated by a pawnbroker.
PEDESTRIAN WAY. A public or private right-of-way, across or within a block that provides access for pedestrians.
PERFORMANCE STANDARD. Criterion established to control noise, odor, radiation, toxic or noxious matter,
vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERSONS. Any individual, firm, partnership, corporation, company, association, joint stock association or body
politic; includes any trustee, receiver, assignee, or other similar representative thereof.
PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly assemble
for religious worship and which buildings and uses are maintained and controlled by a religious body organized to
sustain regular public worship.
PLANNED UNIT DEVELOPMENT. Planned unit development means a type of development characterized by a unified
site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and usually
involving a mix of land use, structure types and other design development details specific to the site or project goals.
PLAT. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof.
PLAT, FINAL. A drawing of a permanent nature showing the precise location and dimensions of such features as
streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record.
PLAT, PRELIMINARY. A drawing showing the proposed general pattern of streets, lots, and land uses within a tract of
land to be subdivided.
PRECIOUS METALS. Gold, silver or platinum.
PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the
business of buying or selling secondhand items containing precious metal, including but not limited to jewelry,
watches, coins, eating utensils, candlesticks, decorative objects and ingots.
PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer.
PUBLIC WATERS. Public waters shall have the meaning given in M.S. § 103G.005, subd. 15, or successor statutes.
RAMP. A structure attached to a principle or accessory building which is constructed at a slope that meets the
Uniform Building Code requirements for the purposes of providing access to a building.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural
or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge
crossings would most typically constitute a reach.
RECREATIONAL FACILITY (INDOOR AND OUTDOOR). Clubhouses, swimming pools, tennis courts, trails and similar
facilities used by the general public for exercise, sports or entertainment.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota
and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-
year recurrence interval. Regional flood is synonymous with the term base flood used in the flood insurance study.
RESIDENTIAL CARE FACILITY. A licensed public or private facility, which, for gain or otherwise, regularly provides one
or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation,
City of Columbia Heights – Ordinance 1711 Page 11
and treatment they need, but which for any reason cannot be furnished in the dependent’s own home. The term
includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment
facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or
spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections.
RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise,
regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training,
supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the
dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster
homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes
for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota
Department of Corrections.
RESIDENTIAL USE BUILDING. A dwelling, boarding, lodging, rooming, fraternity or sorority house, or a dormitory
unit.
RESTAURANT. An establishment engaged in the preparation and retail sale of food and beverages, which is
characterized by table service to customers and does not meet the definition of a fast food restaurant.
RESTAURANT, FAST FOOD. An establishment whose design or principal method of operation includes at least five of
the following characteristics.
(1) Less than 50% of the gross floor area is devoted to customer dining.
(2) A permanent menu board is provided from which to select and order food.
(3) If a chain or franchised restaurant, standardized floor plans are used over several locations.
(4) Customers pay for food before consuming it.
(5) A self-serve condiment bar is provided.
(6) Trash receptacles are provided for self-serve bussing.
(7) Furnishing plan indicates hard-finished stationary seating arrangement.
(8) Most main course food items are substantially cooked on the premises and packaged in individual, non-
reusable containers.
(9) In addition, any restaurant with a drive-through facility shall be considered a fast food restaurant.
RIGHT-OF-WAY. An area or strip of land, either public or private, upon which a right-of-passage has been recorded
for the use of vehicles, including trains, or pedestrians or both.
ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether
designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road,
place or however otherwise designated.
ROOF-MOUNTED SOLAR ENERGY SYSTEM: A solar photovoltaic system mounted on a rack that is ballasted on, or is
attached to, the roof of a building or structure. Roof-mount systems are accessory to the primary use.
ROOF HEIGHT, FLAT. The height of a flat roof is measured as the average finished grade to the highest point on the
roof (see example below):
City of Columbia Heights – Ordinance 1711 Page 12
ROOF HEIGHT, PITCHED. The height of a pitched roof is measured at the average finished grade to the mean
distance between the eaves and the highest point of the roof (see example below):
ROOF HEIGHT, MANSARD. The height of a mansard roof is measured as the average finished grade to the highest
peak on the mansard roof (see example below):
City of Columbia Heights – Ordinance 1711 Page 13
ROOF HEIGHT, OTHER. All other roof heights are measured as the average finished grade to the highest point or
area on the roof.
ROOF LINE. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height
of said facade.
ROOMER. A person who is not a member of the family occupying a room for a charge.
ROOMING HOUSE. A residential structure that offers a room or rooms without kitchen facilities for rent.
SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or
tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product.
SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily
open to some persons outside the regular constituency of the organization.
SETBACK. The minimum horizontal distance between a building or structure and a right-of-way, property line,
ordinary high water level, or other specified facility.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices,
appliances, or appurtenances used for conducting sewage or industrial wastes or other wastes to a point of ultimate
disposal and/or treatment.
SHOPPING CENTER. A group of four or more commercial uses that has either common management or ownership,
or has a contiguous gross retail area of 20,000 square feet or more.
SHORE IMPACT ZONE. The land located between the ordinary high water level of a public water and a line parallel to
it at a setback of 50% of the required structure setback for the applicable lake or river classification.
SHORELAND. Shoreland shall have the meaning given in M.S. § 103F.205, subd. 4, or successor statutes.
SIGN. A structure, device, advertisement, advertising device or visual representation intended to advertise, identify
or communicate information to attract the attention of the public for any purpose and without prejudice to the
generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise
affixed to a building or structure intended to attract the attention of the public for any purpose. This definition
includes a structural or nonstructural device that borders, illuminates, animates or projects the visual representation.
(1) SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of such sign.
Such perimeter shall, in no case, pass through or between any adjacent elements of such sign. In the case of a sign
designed with more than one exterior surface, the area shall be computed as including only the maximum single
City of Columbia Heights – Ordinance 1711 Page 14
display surface, which is visible from any ground position at one time. The supports, uprights, or structures on which
any sign is supported, which do not form an integral part of the display, are not included in the sign area.
(2) SIGN, MAXIMUM HEIGHT. Refers to the vertical distance measured from the nearest finished grade to the top
of such a sign.
(3) SIGN, MINIMUM HEIGHT. Shall refer to the vertical distance measured from the nearest finished grade to the
lower limit of such sign.
(4) SIGN STRUCTURE. The structure which supports or is capable of supporting any sign, including the framework,
braces, uprights, and supports of such signs. Said definition shall not include a building to which the sign is attached.
SIGN ALTERATION. A change of copy area, size, or location exclusive of routine maintenance, painting or change of
the copy itself.
SIGN, ANIMATED. A sign that includes action or motion effected through mechanical or electrical means or wind,
exclusive of flashing, changing and indexing signs.
SIGN, AREA IDENTIFICATION. A sign identifying a shopping center or multiple dwelling units.
SIGN, BILLBOARD. A non-accessory sign for the purpose of advertising a product, event, person, subject or service
not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of
advertising the availability for rental or sale of the sign itself.
SIGN, CANOPY, AWNING OR MARQUEE. A sign suspended from or forming part of the canopy, awning, or marquee
that does not extend horizontally beyond such canopy, awning or marquee.
SIGN, CHANGEABLE COPY. A sign employing detachable copy, letters or symbols which may be altered, substituted
or rearranged to convey varying messages, regardless of method of attachment.
SIGN, CHANGING. A sign which displays copy changes, such as an electronically or electrically controlled public
service, time and temperature sign, message center or reader-board.
SIGN, COPY. The letters, symbols, or other representatives used on a sign to convey a message.
SIGN, COPY AREA. That portion of the sign which contains the copy and to which the copy is applied.
SIGN, DIRECTIONAL. An on-premise sign designed to guide or direct pedestrian or vehicular traffic.
SIGN, DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused
by any method other than physically removing and replacing the sign or its components. This includes a display that
incorporates a technology or method allowing the sign face to change the image without having to physically or
mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated
display and any display that incorporates LED lights manipulated through digital input, “digital ink” or any other
method or technology that allows the sign face to present a series of images or displays.
SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect illumination.
SIGN, FLASHING. A sign that contains flashing lights or exhibits discernable and purposeful changes in light intensity
or color.
SIGN, FREE-STANDING. A permanent sign which is not affixed to any part of a building or structure and which is
supported by upright brace(s) or post(s) placed in the ground.
SIGN, IDENTIFICATION. A sign which is limited to the name, address and number of a building, structure, institution,
or person in addition to the activity carried on in the building, structure or institution, or the occupation of the
person.
SIGN, ILLUMINATED. A sign designed to give forth or reflect any artificial light, either directly from a source of light
incorporated in or connected with such sign, or indirectly from an artificial source in the immediate proximity thereof.
SIGN, INCIDENTAL. A small sign less than two square feet in area of a noncommercial nature, intended primarily for
the convenience of the public, including signs designating rest areas and public telephones.
SIGN, INSTITUTIONAL. A sign used by an institution.
City of Columbia Heights – Ordinance 1711 Page 15
SIGN, MONUMENT. A permanent freestanding sign which is not affixed to any part of a building or structure and
which is typically constructed of masonry, concrete, wood or other decorative type material to complement the
surrounding area.
SIGN, POLITICAL. A sign which states the name, slogan and/or picture of an individual seeking election to a public
office, or which pertains to a public election or referendum, or which relates to or advocates political views or
policies.
SIGN, PORTABLE. A sign that is not permanently attached to the ground or to a building or structure.
SIGN, PROJECTING. A sign which extends outward from the wall of a building or structure more than 18 inches, and
is supported by or suspended from such wall.
SIGN, REAL ESTATE. A sign offering land and/or buildings for sale, lease or rental, located on such property.
SIGN, REVOLVING. A sign, any part of which turns, rotates, or revolves.
SIGN, ROOF. A sign which is painted on, affixed to, or erected upon the roof or parapet of a building or structure of
which any portion in situated on or above the roof level of such building or structure and is wholly or partially
supported by said building or structure.
SIGN, SANDWICH BOARD. A freestanding “A” frame sign, not requiring staking to the ground, placed near the
entrance of a retail store to direct pedestrians to that business.
SIGN, TEMPORARY. A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited
period of time, whether portable or attached to the principal structure.
SIGN, TIME AND TEMPERATURE. A sign that displays only time and temperature information.
SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once
every ten seconds for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and
a dynamic LED sign that changes its message more frequently than once every 10 minutes for religious and/or
educational institutions located in the R-1, R-2A, R-2B, R-3, R-4, LB and PO zoning districts.
SIGN, WALL. An identification sign affixed to or painted on the wall of a building or structure with the exposed face
of the sign in a plane parallel to the plane of said wall.
SIGN, WINDOW. A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display.
SIGNIFICANT HISTORIC SITE. An archaeological site, standing structure, or other property that meets the criteria for
eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites or is determined
to be an unplatted cemetery that falls under the provisions of the M.S. § 307.08; or successor statutes. A historic site
meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing
after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society.
SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the
business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories.
SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the purpose of which is to provide for
generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space
heating or cooling, daylight for interior lighting, or water heating.
SOLAR PHOTOVOLTAIC SYSTEM: A solar energy system that converts solar energy directly into electricity, the primary
components of which are solar panels, mounting devices, inverters, and wiring.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock,
anus, or female breasts below a point immediately above the top of the areola: and human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Activities including: (1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in
the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any
of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or, (2) Clearly depicted human genitals in the
City of Columbia Heights – Ordinance 1711 Page 16
state of sexual stimulation, arousal or tumescence; or, (3) Use of human or animal ejaculation, sodomy, oral
copulation, coitus or masturbation; or, (4) Fondling or touching of nude human genitals, pubic region, buttocks or
female breast; or, (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in
sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or
other physical restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually-oriented
contact with an animal by a human being; or, (7) Human excretion, urination, menstruation, vaginal or anal irrigation.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above
it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted
as a story.
STREET. A public right-of-way not less than 50 feet in width which affords a primary means of access to abutting
property.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting
members of a building, such as bearing walls, column beams, girders, or foundations.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the
ground or attachment to something having a permanent location on the ground. When a structure is divided into
separate parts by an unpierced wall, each part shall be deemed a separate structure. Amending Accessory
Building/Structure and Structure definitions to explicitly state that solar equipment and installations are not
considered to be structures.
SUBDIVISION. Land that is divided for the purposes of sale, rent, or lease and including planned unit developments.
SWIMMING POOL, ABOVE-GROUND. All swimming pools that are constructed so that the edge of the pool is greater
than three and one-half feet above ground grade or has a capacity of more than 3,000 gallons of water.
SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes
that have a capacity of less than 750 gallons of water, including such pools generally constructed with a filter unit(s),
pump(s), water jet(s), molded seating and a heating unit(s). Any hot tub greater than 750 gallons of water shall be
considered an above-ground pool for regulatory purposes.
SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground
grade.
SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum
height of 3.5 feet or a capacity of less than 3,000 gallons of water.
TWINHOME. A single-family residential dwelling on an individual lot, sharing a common wall with another single-
family residential dwelling.
USE. The purpose or activity for which the land, structure or building thereon is designed, arranged, or intended, or
for which it is occupied or maintained.
USE, CONDITIONAL. Either a public or private use as listed which, because of its unique characteristics, cannot be
properly classified as a permitted use in a particular district.
USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms
with all requirements, regulations and performance standards of such district.
USE, PRINCIPAL. The main use of land or buildings.
VENDING MACHINE. Any coin operated device that dispenses a product or service without an attendant.
WALL SURFACE. The total horizontal area of the building face, including windows and door areas, measured to the
extreme outer limits of such wall surface.
City of Columbia Heights – Ordinance 1711 Page 17
YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground
level to the sky except as expressly permitted in this article. A yard shall extend along a lot line and at right angles to
such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from
the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot
is located.
YARD, REAR. A yard extending along the full width of the :rear lot line between the side lot lines and extending
toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD, SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in
the yard regulations for the district in which such lot is located.
ZONING ADMINISTRATOR. Person appointed by the City Manager as provided by this article.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements
governing use are uniform.
Section 3.
The following language for General Development Standards is added, amended and deleted as provided in Section
9.106 of the City Code of 2005, is hereby established to read as follows:
§ 9.106 GENERAL DEVELOPMENT STANDARDS.
(A) General provisions.
(1) Purpose. The purpose of this section is to establish regulations of general applicability to property
throughout the city, to promote the orderly development and use of land, to minimize conflicts between uses of
land, and to protect the public health, safety and welfare.
(2) Applicability. The regulations set forth in this section shall; apply to all structures and uses of land, except as
otherwise provided in this article.
(B) Lot controls.
(1) Purpose. Lot controls are established to provide for the orderly development and use of land, and to provide
for adequate light, air, open space and separation of uses.
(2) Use of lots. All lots shall be used in a manner consistent with the requirements of the zoning district in which
the property is located. No part of any existing lot shall be used as a separate lot or for the use of another lot, except
as otherwise provided in this article.
(3) Lot divisions. No lot shall be divided into two or more lots unless all lots resulting from such division conform
to all applicable regulations of this article.
(4) Lots of record. A lot of record shall be deemed a buildable lot provided it has frontage on a public right-of-
way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as
follows: a lot or lot of record upon the effective date of this article which is in a residential district and which does
not meet the requirements of this article as to area or width, may be utilized for single-family detached dwelling
purposes provided the measurements of such lot meets 100% of the front yard, side yard and rear yard setback
requirements for the district in which it is located and 60% of the minimum lot area or lot width requirements for
the district in which it is located.
City of Columbia Heights – Ordinance 1711 Page 18
(5) Principal buildings in residential districts. There shall be no more than one principal building on a lot in any
residential district, unless otherwise provided for through a mixed use planned development.
(6) Principal buildings in non-residential districts. There may be more than one principal building on a lot in non-
residential districts, provided each building meets all of the requirements, including setbacks, of the district in which
it is located.
(7) Required yards. Yard requirements shall be as specified for the zoning district in which the lot is located. No
yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less
than the minimum required by this article. If the existing yard or other open space is less than the minimum
required, it shall not be further reduced. In addition, no required yard or other open space allocated to a building or
dwelling group shall be used to satisfy yard, open space, or minimum lot area requirements for any other structure
or lot.
(8) Setback exception in residential districts. In any residential district where the average depth of the front yard
for buildings within 200 feet of the lot in question and within the same block front is lesser or greater than that
required by article, the required front yard for the lot in question shall be the average plus or minus 10% of the
depth; however, the depth of the required front yard shall not be less than 10 feet nor more than 50 feet.
(9) Corner lots. For corner lots, the shorter lot line abutting a public street shall be deemed the front lot line for
purposes of this article, and the longer lot line abutting a public street shall be deemed a side lot line.
(10) Through lots. For through lots, both lot lines that abut a public street or other right-of-way shall be deemed
front lot lines for purposes of this article, and the required front yard shall be provided along each front lot line.
(11) Yard encroachments. The following uses shall not be considered as encroachments into required yards,
provided they are not located closer than one foot to the property line, except for fences:
(a) Cornices, canopies, awnings, eaves, bay windows and other ornamental features, provided they do not
extend more than three feet into the required yard.
(b) Chimneys, air conditioning units, fire escapes, uncovered stairs, ramps and necessary landings, provided
they do not extend more than four feet into the required yard.
(c) Fences constructed and maintained in accordance with the applicable provisions of this article.
(d) Driveways and parking areas constructed and maintained in accordance with the applicable provisions of
this article.
(e) Accessory buildings constructed and maintained in accordance with the applicable provisions of this article.
(f) Mechanical equipment constructed and maintained in accordance with the applicable provisions of this
article.
(g) Signs constructed and maintained in accordance with the applicable provisions of this article.
(h) Private swimming pools, tennis courts, basketball courts or other private recreational facilities constructed
and maintained in accordance with the applicable provisions of this article. (12) Traffic visibility. No planting,
structure or other obstruction shall be placed or allowed to grow on corner lots in a manner that will impede vision
on the intersecting rights-of-way, in accordance with the following sight triangles:
City of Columbia Heights – Ordinance 1711 Page 19
(a) Street intersections. No planting or structure in excess of 30 inches above the abutting curb line shall be
permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of
two intersecting streets, then 30 feet along one curb line, diagonally to a point 30 feet from the point of beginning
on the other curb line, then back to a point of beginning.
(b) Street and alley intersections. No planting or structure in excess of 30 inches above the abutting curb line
shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the
projected curb line and the alley right-of-way, then 30 feet along the street curb line, diagonally to a point 15 feet
from the point of beginning along said alley right-of-way or projection of the alley right-of-way, then back to the
point of beginning.
(c) Alley and alley intersections. No planting or structure in excess of 30 inches above the nearest edge of the
traveled right-of-way shall be permitted within the sight triangle, defined as the area beginning at the point of
intersection of the two alley right-of-way lines, then 15 feet along one alley right-of-way line, then diagonally to a
point 15 feet from the point of beginning along the second alley right-of-way line, then back to the point of
beginning. Any structures existing within this sight triangle shall be deemed nonconforming structures in accordance
with the provisions of § 9.105.
(13) Height limitations. The building and structure height limitations established for each zoning district shall
apply to all buildings and structures, except that such height limitations may be increased by 50% when applied to
the following:
(a) Church spires, steeples or belfries.
(b) Chimneys or flues.
(c) Cupolas and domes which do not contain usable space.
(d) Towers, poles or other structures for essential services.
(e) Flag poles.
(f) Mechanical or electrical equipment, provided said equipment does not occupy more than 25% of the roof
area, with exception tosolar and other renewable energy equipment.
(g) Television and ham radio antennas.
(h) Monuments.
(i) Telecommunication towers constructed in accordance with the provisions of § 9.106(O).
(C) Accessory uses and structures.
(1) Accessory structures, residential uses. The following standards shall regulate the construction and
maintenance of residential accessory structures:
(a) Each residentially zoned parcel shall be allowed two detached accessory structures.
(b) No accessory structure shall be constructed or located within any front yard.
(c) Accessory structures for one- and two-family dwellings shall be set back a minimum of three feet from the
side lot line, and a minimum of three feet from the rear lot line, a minimum of five feet from any other building or
City of Columbia Heights – Ordinance 1711 Page 20
structure on the same lot, and behind the principal structure building line in the front yard. Solar and other
renewable energy equipment are subject to the setback requirements for accessory structures, but are not
considered buildings or structures.
(d) An accessory structure shall be considered an integral part of the principal structure if it is connected to the
principal building by a covered passageway.
(e) An accessory structure, or any combination of accessory structures, storage sheds and attached garages,
shall not exceed 1,000 square feet in area.
(f) Unless a height limitation is specifically stated, the height of an accessory structure shall not exceed the
lesser of:
1. The height of the principal structure;
2. 12 feet above average finished grade for flat roofs;
3. 18 feet above average finished grade for pitched roofs, mansard roofs, and all other roofs.
(g) Where the natural grade of the lot is 10 feet or more above or below the established curb level at the front
building setback and access from an alley is not available, an accessory structure for the storage of not more than
two automobiles may be constructed within any yard, provided that at least one-half of the height is below grade
level and the accessory structure is set back a minimum of 20 feet from any right-of-way.
(h) The exterior color and design of an accessory structure shall be similar to the principal structure.
Corrugated metal siding and roofs shall be prohibited.
(i) Whenever a garage is so designed that the vehicle entry door(s) are facing a street or alley, the distance
between the door(s) and the lot line shall be no less than 20 feet for lots greater than 6,500 square feet, and shall be
no less than 15 feet for lots 6,500 square feet or less.
(j) Accessory structures for multiple-family dwellings shall be placed in the rear yard and shall be subject to the
same height and exterior finish regulations as the principal structure for the district in which it is located, in addition
to the requirements of this section.
(k) Any accessory structure capable of storing one or more motorized vehicle shall be provided with a hard-
surfaced access driveway, no less than 12 feet in width, to an adjacent public street or alley, and shall be no less than
20 by 20 in size.
(l) Accessory buildings shall not be located within any utility or drainage easement.
(2) Accessory structures, non-residential uses. The following standards shall regulate the construction and
maintenance of non-residential accessory structures:
(a) All accessory structures shall be subject to the sane setback, height and exterior finish regulations as a
principal structure for the district in which it is located.
(b) The height of an accessory structure shall not exceed the height of the principal structure.
(c) All multiple story and accessory structures over 200 square feet in area shall require a building permit from
the city.
City of Columbia Heights – Ordinance 1711 Page 21
(3) Home occupations. Home occupations are allowed in residential districts, subject to the following standards:
(a) The home occupation shall be clearly incidental and subordinate to the residential use of the property.
Exterior alterations or modifications that change the residential character or appearance of the dwelling, any
accessory building or the property itself shall not be allowed.
(b) Only persons residing on the premises and no more than one nonresident employee shall be engaged in
the conduct of the home occupation on the premises at any given time.
(c) There shall be no outside storage of products, materials or equipment used in conjunction with the home
occupation.
(d) The home occupation must be conducted within the principal residential structure and/or up to 30% of the
floor area of an accessory building or attached garage.
(e) The required off-street parking for the residential use shall not be reduced or made unusable by the home
occupation.
(f) The home occupation shall not generate excessive traffic or parking that is detrimental to the character of
the neighborhood.
(g) Shipment and delivery of products, merchandise or supplies shall be by single rear axle straight trucks or
similar delivery trucks normally used to serve residential neighborhoods.
(h) There shall be no indications of offensive noise, odor, smoke, heat, glare, vibration, or electrical
interference at or beyond the property line of the home occupation.
(i) Signage for the home occupation shall be limited to one non-illuminated sign, not exceeding two square
feet in area and attached to the wall of the residential dwelling.
(j) The home occupation shall meet all applicable fire and building codes, as well as any other applicable city,
state or federal regulations.
(k) The following home activities shall be prohibited as home occupations:
1. The operation of any wholesale or retail business unless it is conducted entirely by mail and does not
involve the sale, shipment or delivery of merchandise on the premises. The sale of products incidental to the delivery
of a service is allowed.
2. Any manufacturing, welding, machine shop or similar use.
3. Motor vehicle repair, either major or minor.
4. The sale, lease, trade or transfer of firearms or ammunition.
5. Headquarters or dispatch centers where persons come to the site and are dispatched to other locations.
(l) All home occupations shall be subject to a one-time registration with the city, on a form as required by the
Zoning Administrator and with a fee as determined by the City Council.
(4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private
recreational facilities are subject to the following standards:
City of Columbia Heights – Ordinance 1711 Page 22
(a) The facility is not operated as a business or private club.
(b) The facility is not located within any required front or side yard.
(c) The facility is set back at least five feet from any property line, including any walks, paved areas or related
structures or equipment.
(d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-
climbable wall, fence or combination thereof at least six feet in height, with a self- closing gate capable of being
secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or
accessory structure, such point of access shall be lockable. In the case of above-ground pools, pool sides that are
vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by
children, including the removal of all ladders or stairs whenever the pool is not in use.
(e) For in-ground pools, the pool is set back at least six feet from the principal structure.
(f) Hot tubs shall not be located within five feet of any side yard or rear lot line, or within any required front
yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are
permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound
enough to support the bearing load of the hot tub.
(g) Portable pools shall not be located within five feet of any side or rear lot line, or within any required front
yard. Such pools may be equipped with a child resistant cover in lieu of a six-foot tall fence. Any ladder or other
means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool
without the owner’s consent. Portable pools shall not be in place longer than six months in a calendar year.
(h) Lighting shall be so oriented so as not to cast light on adjacent properties.
(i) The facility shall not be located within any drainage or utility easement.
(j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an
adjacent lot.
(k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet)
shall require a building permit from the city.
(5) Trash handling equipment. For all uses other than one- and two-family dwellings, trash and/or recycling
collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in
height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property.
(6) Mechanical equipment. Mechanical equipment, other than that accessory to one- and two- family dwellings,
shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets.
Screening may be accomplished through the use of walls or other design features that are architecturally compatible
with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as
approved by the Zoning Administrator.
(D) Dwellings.
(1) General requirements. The following standards shall apply to all dwelling units within the city:
(a) All single-family dwelling units shall be a minimum of 20 feet wide at the narrowest point.
City of Columbia Heights – Ordinance 1711 Page 23
(b) No recreational vehicle shall be used at any time as a dwelling unit.
(c) No basement dwelling (basements without upper floors) shall be used at any time as a dwelling unit.
(2) Floor area requirements. The following floor area requirements shall apply to all dwelling units within the
city:
(a) One-story dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each
additional bedroom over three. The floor area may be reduced to 960 square feet if the lot size is 6,500 square feet
or less.
(b) One and one-half and two story dwellings shall have a minimum floor area of 550 square feet on the main
floor, with a total above grade minimum finished floor area of 1,020 square feet.
(c) Split-level dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each
additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or
less.
(d) Split entry dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each
additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or
less.
(e) Two-family dwellings (duplexes) and town homes shall have a minimum floor area of 750 square feet per
unit, plus 120 square feet for each additional bedroom over two.
(f) Efficiency apartments shall have a minimum floor area of 400 square feet per unit.
(g) One-bedroom apartments shall have a minimum floor area of 600 square feet per unit.
(h) Two-bedroom apartments shall have a minimum floor area of 720 square feet per unit.
(i) Apartments with more than two bedrooms shall have a minimum floor area of 720 square feet per unit,
plus 120 square feet for each additional bedroom over two.
(3) Accessory Dwelling Units
(a) An accessory dwelling unit shall only be a permitted accessory use to any lot with a detached single-family
dwelling.
(b) No accessory dwelling unit shall be permitted upon a lot on which more than one residential dwelling is
located and no more than one accessory dwelling unit shall be permitted per lot.
(c) The accessory dwelling unit shall not be sold or conveyed independently of the principal residential dwelling
and may not be on a separate tax parcel or subdivided through any means.
(d) Either the ADU or the principal dwelling shall be occupied by the property owner and a restriction shall be
recorded against the property requiring owner occupancy for at least one of the units; a rental license for the
non-owner-occupied unit is required.
(e) Both the single-family dwelling and the accessory dwelling unit, together, shall provide adequate off-street
parking on the lot; parking spaces may be garage spaces or paved outside parking spaces.
City of Columbia Heights – Ordinance 1711 Page 24
(f) Accessory dwelling units must contain habitable space based on the adopted MN Building Code and be a
minimum of 250 square feet and a maximum of 50% of the total floor area of the principal dwelling up to
1,000 square feet.
(g) ADUs in Minnesota must adhere to the Minnesota State Building Code, which includes fire separation for
attached units, safe egress and entrances, and proper water and sewer connections.
(h) Accessory dwelling units within or attached to the principal structure shall conform to Zoning Code standards
for single family dwellings, including but not limited to setback, height, impervious surface, curb cut and
driveway, and accessory structure standards if the unit is detached. The accessory dwelling unit is subject to
current Building, Plumbing, Electrical, Mechanical, and Fire Code provisions including maintaining emergency
access to both units.
(E) Fences.
(1) General requirements. The following standards shall apply to all fences:
(a) Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with
the requirements of this section.
(b) The owner of the property upon which the fence is located shall be responsible for locating all property
lines prior to constructing said fence.
(c) All fence posts and supporting members shall be placed within the property lines of the property on which
they are located.
(d) All fences shall be situated so that they can be maintained from within the property boundaries of the
property on which they are located.
(e) All fences shall be constructed so that the finished side or more attractive side of the fence faces the
adjacent property or right-of-way.
(f) Fences, freestanding walls, and retaining walls shall be constructed in a substantial and workmanlike
manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the
purpose for which the fence, freestanding wall or retaining wall is proposed to be used. No previously used materials
may be used in any fence. All fences shall be constructed of the following approved fencing materials:
1. Galvanized or vinyl coated woven fabric - minimum 11 1/2 gauge, with two-inch minimum mesh, with
knuckles up and cut edge down.
2. Approved vinyl fencing materials.
3. Treated wood or wood of natural materials resistant to decay.
(g) Retaining walls or freestanding walls shall be constructed in the following manner:
1. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion.
2. They shall be designed in accordance with sound engineering practice; including, but not limited to, a
minimum four-inch concrete footing of appropriate width and drains of appropriate type, size and spacing.
City of Columbia Heights – Ordinance 1711 Page 25
3. Cribbed slopes shall be appropriately planted if open-faced cribbing is used.
4. The retaining wall or freestanding wall shall be constructed in a manner that presents a finished
appearance to the adjoining property where applicable.
(h) All fences shall be maintained and kept in good condition.
(i) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade
separation exists at the property line, the height of the fence shall be based on the measurement from the average
point between the highest and lowest grade.
(j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed
wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional
Use Permit process.
(k) Fences exceeding six feet in height shall require a building permit from the city.
(2) Residential fences. The following standards shall apply to all fences constructed in any residential zoning
district or directly adjacent to any residential zoning district:
(a) No fence shall exceed seven feet in height. Fences exceeding six feet in height shall be deemed structures
and shall require a Zoning Permit Review.
(b) Fences along any rear property line that abut a public alley or street shall be located no closer than three
feet from the alley or street right-of-way.
(c) It shall be the responsibility of property owners with fences within recorded city easements to remove such
fence at any time when access to the recorded city easement would require the removal of the fence.
(d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in
height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height.
(3) Non-residential fences. The following standards shall apply to all fences constructed in any commercial or
industrial zoning district:
(a) No fence shall exceed eight feet in height. Fences exceeding seven feet in height shall be deemed
structures and shall require a Zoning Permit Review.
(b) A fence extending across or into the required front yard setback shall not exceed four feet in height.
(c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed
eight feet in height or be less six feet in height. In addition, said screening fence shall be no less than 80% opaque on
a year round basis.
(4) Fencing of play areas. For parks and playgrounds, either public or private and located adjacent to a public
right-of-way or railroad right-of-way, a landscaped yard area no less than 30 feet in width, or a fence no less than 4
feet in height, shall be installed between the facility and the right-of- way.
(F) Essential services.
(1) Purpose. The purpose of this section is to provide for the installation of essential services in a manner that
does not adversely affect the public health, safety or welfare.
City of Columbia Heights – Ordinance 1711 Page 26
(2) Essential services allowed by permit. The following essential services, when installed in any location in the
city and installed primarily for the use of city residents, shall only require a permit from the City Engineer:
(a) All communication lines.
(b) Underground electrical transmission lines, overhead utility lines and electrical transmission lines intended
to serve properties within the city.
(c) Pipelines for distribution to individual properties within the city.
(d) Substations with less than 33 KV.
(e) Radio receivers and transmitters accessory to an essential service, when placed on an existing utility pole,
tower or light standard.
(3) Essential services requiring conditional use permit. The following essential services, when installed in any
location in the city and not primarily for the use of city residents, shall require a conditional use permit in
accordance with the provisions of § 9.104:
(a) All overhead and underground transmission lines not required for the local distribution network.
(b) All transmission pipelines.
(c) Substations in excess of 33 KV.
(d) Any pole or tower used exclusively for the placement of radio receivers or transmitters accessory to an
essential service.
(e) Any essential service of which 75% of the service provided or produced is not intended to serve properties
within the city.
(f) Any essential service requiring a structure that exceeds the maximum height for the zoning district in which
it is located.
(g) Any essential service requiring easements other than easements granted to the public.
(G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning
districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning
district in which it is located and all other applicable provisions of this article:
(1) Garage sales. Residential garage sales shall be limited to no more than two garage sales per property per
calendar year, with the duration of each garage sale not to exceed three consecutive days at any residential location.
(2) Construction sites. Storage of building materials and equipment or temporary building for construction
purposes may be located on the site under construction for the duration of the construction.
(3) Amusement events. Temporary amusement events, including the placement of tents for such events, may be
allowed as a temporary use for a maximum of 15 days per calendar year. In residential districts, such temporary
amusements shall be located on public or semi-public property only.
(4) Promotional activities. Promotional activities involving the outdoor sale or display of merchandise may be
allowed as a temporary use in non-residential districts for a maximum of 30 days per calendar year.
City of Columbia Heights – Ordinance 1711 Page 27
(5) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning
Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided
the said use or structure is substantially similar to the uses and structures listed herein.
(H) Performance standards.
(1) Purpose. These performance standards are established to minimize conflict between land uses, to preserve
the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply
to all uses of land and structures with the exception of solar and renewable energy equipment, and are in addition to
any requirements applying to specific zoning districts.
(2) In general. No use or structure shall be operated or occupied so as to constitute a dangerous, injurious or
noxious condition because of noise, odors, glare, heat, vibration, air emissions, electromagnetic disturbance, fire,
explosion or other hazard, water or soil pollution, liquid or solid waste disposal, or any other substance or condition.
No use or structure shall unreasonably interfere with the use or enjoyment of property by any person of normal
sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in compliance with any
performance standard contained in this article or any other applicable regulation.
(3) Noise. All uses shall comply with the standards governing noise as adopted and enforced by the Minnesota
Pollution Control Agency.
(4) Odor emissions. All uses shall comply with the standards governing the odor emissions as adopted and
enforced by the Minnesota Pollution Control Agency.
(5) Vibration. Uses producing vibration shall be conducted in such a manner as to make the vibration completely
imperceptible from any point along the property line. In addition, all uses shall comply with the standards governing
vibrations as adopted and enforced by the Minnesota Pollution Control Agency.
(6) Air emissions. All uses shall comply with the standards governing air emissions as adopted and enforced by
the Minnesota Pollution Control Agency.
(7) Glare and heat. Uses producing glare or heat shall be conducted within a completely enclosed building in
such a manner as to make such glare and heat completely imperceptible from any point along the property line. In
addition, all uses shall comply with the standards governing glare and heat as adopted and enforced by the
Minnesota Pollution Control Agency.
(8) Radiation and electrical emissions. All uses shall comply with the standards governing radiation and electrical
emissions as adopted and enforced by the Minnesota Pollution Control Agency.
(9) Waste material. All uses shall comply with the standards governing waste disposal as adopted and enforced
by the Minnesota Pollution Control Agency.
(10) Explosive and flammable materials. All uses involving the manufacture, storage or use of explosive or
flammable materials shall comply with all applicable regulations, including, but not limited to, the Minnesota
Building Code and the Uniform Fire Code, and shall meet the following requirements:
(a) All uses involving the manufacture, storage or use of explosive or flammable materials shall employ best
management practices and the provision of adequate safety devices to guard against the hazards of fire and
explosion, and adequate fire-fighting and fire-suppression devices standard in the industry.
City of Columbia Heights – Ordinance 1711 Page 28
(b) The manufacture or storage of any explosive or blasting agent, as defined in the Uniform Fire Code, shall be
prohibited in all districts except the I-2, General Industrial District.
(c) The storage of any flammable liquid shall be subject to the requirements established by the Uniform Fire
Code and shall be reviewed by the State Fire Marshal.
(11) Hazardous materials. All uses shall comply with the standards governing hazardous waste as adopted and
enforced by the Minnesota Pollution Control Agency.
(I) Storm water management.
(1) Purpose. The purpose of this division is to promote, preserve and enhance the natural resources within the
city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by
regulating land alterations or development activities that would have an adverse and potentially irreversible impact
on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging
compatibility between land alterations and development activities and water quality and environmentally sensitive
lands; and by requiring detailed review standards and procedures for land alterations or development activities
proposed for such areas, thereby achieving a balance between urban growth and development and protection of
water quality and natural areas.
(2) Definitions. For the purposes of this section, the following terms, phrases, words, and their derivatives shall
have the meaning stated below. When not inconsistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular number, and words in the singular number include
the plural number. The word “shall” is always mandatory and not merely directive.
APPLICANT. Any person who wishes to obtain a building permit, preliminary plat approval or an excavation
permit.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
DETENTION FACILITY. A permanent natural or man-made structure, including wetlands, for the temporary
storage of runoff which contains a permanent pool of water.
EXCAVATION ACTIVITIES. Any excavation or filling activity as regulated by § 9.106(J).
FLOOD FRINGE. The portion of the floodplain outside of the floodway.
FLOODPLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional
flood.
FLOODWAY. The channel of the watercourse, the bed of water basins, and those portions of the adjoining
floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a
regional flood.
HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop
anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plantlife growing in water, soil or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
City of Columbia Heights – Ordinance 1711 Page 29
LAND ALTERATION. Any change of the land surface including, but not limited to, removing vegetative cover,
excavating, filling, grading, and. the construction of utilities, roadways, parking areas and structures.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying,
revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318,
402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
PERSON. Any individual, firm, corporation, partnership, franchisee, association or governmental entity.
PUBLIC WATERS. Waters of the state as defined in M.S. § 1036.005, subd. 15, as it may be amended from time
to time.
REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state
and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-
year recurrence interval.
RETENTION FACILITY. A permanent natural or man-made structure that provides for the storage of storm water
runoff by means of a permanent pool of water.
SEDIMENT. Solid matter carried by water, sewage, or other liquids.
STRUCTURE. Any manufactured, constructed or erected building including portable structures and earthen
structures.
SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating the design criteria and
specifications for the city’s storm water management program.
WETLANDS. Lands transitional between terrestrial and aquatic: systems where the water table is usually at or
near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the
following attributes:
1. Have a predominance of hydric soils;
2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
3. Under normal circumstances support a prevalence of such vegetation.
(3) Scope and effect.
(a) Applicability. This section shall apply to any land alteration requiring any of the following permits or
approvals:
1. A building permit for new multiple-family residential (three or more attached dwelling units), commercial,
industrial, or institutional development;
2. A preliminary plat;
3. Land alteration permit as regulated by § 9.106 (J);
4. A building permit for a single-family or two-family residential dwelling except that only subdivisions (3)
through (7) of this division shall apply; or
City of Columbia Heights – Ordinance 1711 Page 30
5. Public improvement projects.
6. No building permit, preliminary plat, excavation permit or public improvement project shall be approved
until approval of a storm water management plan has been obtained in strict conformance with the provisions of
this section.
7. All projects disturbing one acre or greater of land will require the submittal of a storm water management
plan.
(b) Exemptions. The provisions of this section do not apply to:
1. Construction of a single-family or two-family dwelling or any structure or land alteration accessory thereto
except that the provisions of subdivisions (3) through (7) of this division shall apply;
2. Any currently valid building permit, preliminary plat, excavation permit, or public improvement project
approved prior to the effective date of this article;
3. Construction of agricultural structures or land alterations associated with agricultural uses unless an
excavation permit is required by § 9.106(J);
4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or
5. Emergency work to protect life, limb, or property.
(4) Submission requirements–storm water management plan. A storm water management plan shall be
submitted with all permit applications identified in § 9.106(I)(3). Storm water management plan submittal
requirements are outlined in the city’s SWMDS. No building or land disturbing activity will be approved unless it
includes a storm water management plan, detailing how runoff and associated water quality impacts resulting from
development will be controlled or managed.
(5) Plan review procedure.
(a) Process. Storm water management plans meeting the requirements of § 9.106(I) and the city’s SWMDS
shall be reviewed by the Engineering Division in accordance with the standards of § 9.106(I)(6) and the city’s
SWMDS. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water
management plan.
(b) Duration. A storm water plan approved in accordance with this section shall become void if the
corresponding building permit, excavation permit, preliminary plat, or public improvement project expires or
becomes invalid.
(c) Conditions. A storm water management plan may be approved, subject to compliance with conditions
reasonable and necessary to insure that the requirements contained in this article are met. Such conditions may,
among other matters, limit the size, kind or character of the proposed development, require the construction of
structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish
required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering,
and require the conveyance, for storm water management purposes, to the city or other public entity of certain
lands or interests therein.
City of Columbia Heights – Ordinance 1711 Page 31
(d) Letter of credit. Prior to approval of any storm water management plan, the applicant shall submit a letter
of credit or cash escrow to cover the estimated cost of site restoration. The letter of credit or cash escrow amount
shall be in the amount specified by the current city SWMDS.
(e) Amendment. A storm water management plan may be revised in the same manner as originally approved.
(6) Approval standards. No storm water management plan which fails to meet the standards contained in this
section shall be approved by the city.
(a) General criteria for storm water management plans.
1. An applicant shall install or construct all storm water management facilities according the criteria outlined
in the city’s SWMDS.
2. The applicant shall give consideration to reducing the need for storm water management facilities by
incorporating the use of natural topography and land cover, such as wetlands, ponds, natural swales and
depressions, as they exist before development, to the degree that they can accommodate the additional flow of
water without compromising the integrity or quality of the wetland or pond.
3. The following storm water management practices shall be investigated in developing a storm water
management plan in the following descending order of preference:
a. Infiltration of runoff on-site, if suitable soil conditions are available for use;
b. Flow attenuation by use of open vegetated swales and natural depressions;
c. Storm water retention facilities; and
d. Storm water detention facilities.
4. A combination of successive practices may be used to achieve the applicable minimum control
requirements specified in subdivision 3. above. Justification shall be provided by the applicant for the method
selected.
(b) Specifications. At a minimum, applicants shall comply with all of the NPDES general construction storm
water permit requirements.
(c) Wetlands. Existing wetlands may be used for storm water management purposes, provided the following
criteria are met:
1. The wetland shall not be classified as a Group I or II water within the City Water Resource Management
Plan.
2. A protective buffer strip of natural vegetation, at least ten feet in width, shall surround all wetlands.
3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters in size or greater,
with a trap volume size based upon a prescribed maintenance schedule, shall be installed prior to discharge of storm
water into the wetlands.
4. The natural outlet control elevation of the wetlands, if it is not a DNR public water, shall not be changed,
except when either i) the outlet is intended to restore the wetland to its original elevation, ii) the wetland basin is
landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii)
City of Columbia Heights – Ordinance 1711 Page 32
the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is
approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA).
5. The water fluctuation from storm water shall not be increased over what occurs naturally, except as
provided in subdivision 4.c. above.
6. The wetland shall not be a protected fen.
7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland
areas in accordance with the WCA. When wetland replacement is required, it shall be guided by the following
principles in descending order of priority:
a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;
b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its
implementation;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;
d. Reducing or eliminating the impact over time by preservation and maintenance operations during the
life of the activity; and
e. Compensating for the impact by replacing or providing substitute wetland resources or environments.
8. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained.
(d) Models/methodologies/computations. Hydrologic models and design methodologies used for the
determination of runoff and analysis of storm water management structures shall be approved by the Director of
Public Works. Plans, specifications and computations for storm water management facilities submitted for review
shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans
submitted for review, unless otherwise approved by the Director of Public Works.
(e) Watershed management plans/groundwater management plans. Storm water management plans shall be
consistent with adopted watershed management plans and groundwater management plans prepared in accordance
with M.S. §§ 103B.231 and 103B.255, respectively, as they may be amended from time to time, and as approved by
the Minnesota Board of Water and Soil Resources in accordance with the state law.
(7) Storm water management fee.
(a) When required. In lieu of the storm water management facilities required in § 9.106(I), the city may allow
an applicant to make a monetary contribution to the development and maintenance of community storm water
management facilities, designed to serve multiple land disturbing and development activities, when consistent with
the City’s Water Resource Management Plan.
(b) Calculation of fee. The amount of monetary contribution shall be found in the SWMDS. For preliminary
plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be
included in the total impervious surface area calculation.
(c) Payment of fee. Payment of a monetary contribution shall occur as follows:
1. Building permit–upon issuance of building permit.
City of Columbia Heights – Ordinance 1711 Page 33
2. Excavation permit–upon issuance of excavation permit.
3. Preliminary plat–upon approval of final plat or commencement of land alteration, whichever occurs first.
(8) Inspection and maintenance. All storm water management facilities shall be designed to minimize the need
for maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the
following maintenance standards shall apply:
(a) All storm water detention periods shall be maintained to ensure continued effective removal of pollutants
from storm water runoff. In addition, upon 50% of the pond’s original design volume being filled with sediment, the
sediment shall be removed and the pond restored to its original design.
(b) The Director of Public Works, or designated representative, shall inspect all storm water management
facilities during construction, during the first year of operation, and at least once every five years thereafter.
(c) All permanent storm water management facilities must provide a maintenance agreement with the city
that documents all responsibilities for operation and maintenance of long-term storm water management facilities.
Such responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement.
All maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to
final plan approval. At a minimum, the maintenance agreement shall describe the inspection and maintenance
obligations:
1. The responsible party who is permanently responsible for inspection and maintenance of the structural
and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm
water management systems.
4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after
proper and reasonable notice to the responsible party of the permanent storm water management system.
5. Include a maintenance plan that contains, but is not limited to, the following:
a. Identification of all structural permanent storm water management systems.
b. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall
verify whether the practice is functioning as designed and may include, but is not limited to, quality, temperature,
and quantity of runoff.
c. Identification of the responsible party for conducting the inspection, monitoring and maintenance for
each practice.
d. Include a schedule and format for reporting compliance with the maintenance agreement to the city.
e. Right of entry. The issuance of a permit constitutes a right of entry for the city or its contractor to enter
upon the construction site. The applicant shall allow the city and its authorized representatives, upon presentation
of credentials, to:
City of Columbia Heights – Ordinance 1711 Page 34
i. Enter upon the permitted site for the purpose of obtaining information, examining records, conducting
investigations or surveys.
ii. Bring such equipment upon the permitted development as is necessary to conduct such surveys and
investigations.
iii. Examine and copy any books, papers, records, or memoranda pertaining to activities or records
required to be kept under the terms and conditions of the permit.
iv. Inspect the storm water pollution control measures.
v. Sample and monitor any items or activities pertaining to storm water pollution control measures.
vi. Correct deficiencies in storm water, erosion and sediment control measures.
(d) Storm water management facilities serving a single-family residential area or subdivision, but more than
one single-family lot, shall be maintained by the city. The cost incurred by the city for maintenance of said facilities
shall be assessed, levied through a special storm water taxing district against the properties contributing storm
water runoff to or through the facility, or by the city’s storm water utility.
(e) Storm water management facilities serving a multiple-family residential building or development; a
commercial, industrial or institutional building or development; or an individual parcel shall be maintained by the
property owner on which the facility is located, unless it is determined by the Director of Public Works that it is in
the best interests of the city for the city to maintain such facilities. If the city is to maintain the storm water
management facilities, the cost incurred by the city for the maintenance may be assessed or levied as described in
subsection (d) above.
(9) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than
deemed committed on each day during or on which a violation occurs or continues.
(10) Other controls. In the event of any conflict between the provisions of this section and the provisions of the
city code, the more restrictive standard prevails.
(J) Land alterations.
(1) Purpose. The purpose of this section is to manage land alterations within the city and provide for the review
and approval of proposed grades prior to land alteration activities.
(2) In general. No person, firm or corporation may engage in any excavation, grading or filling of any land in the
city without first having secured a permit from the Public Works Director in accordance with this section.
(3) Exemption. The removal of material for the purpose of constructing a basement or placement of footings is
exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the
review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of
this section, provided a grading plan was submitted and approved as part of the review and approval process.
(4) Land alteration permit required. A land alteration permit from the Public Works Director is required for any
of the following activities:
(a) Placement, removal or grading of more than ten cubic yards of earthen material on steep slopes adjacent
to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland.
City of Columbia Heights – Ordinance 1711 Page 35
(b) Placement, removal or grading of more than 50 cubic yards of earthen material anywhere in the city.
(c) Placement, removal or grading of earthen material within ten feet of any property line, or when such
activity alters the drainage patterns of adjacent property.
(d) Placement, removal or grading of any property for the purposes of installing artificial turf or other surface
that may require additional review of permeability and potential for illicit discharge.
(5) Conditional use permit required. A conditional use permit is required for any of the following activities:
(a) Placement, removal or grading of more than 500 cubic yards of earthen material on developed property
zoned R-1 or R-2.
(b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on undeveloped
property zoned R-1 or R-2.
(c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on property zoned R-3,
R-4 or LB.
(d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on property zoned GB,
CBD, I-1, I-2, or MXD.
(6) Submittal requirements. An application for a land alteration permit shall include the following:
(a) A legal description of the land to be altered.
(b) The nature of the proposed alteration and future use of the property.
(c) The starting date and completion date of the land alteration.
(d) The names and addresses of all the owners of all the land to be altered.
(e) Scaled plans, showing the existing and proposed topography with two- foot contour intervals, and signed
by a registered surveyor or engineer in the State of Minnesota.
(f) A scaled plan, showing existing and proposed vegetation and ground cover.
(g) An erosion and sedimentation control plan.
(h) Product specification sheet showing permeability, materials used, and potential for illicit discharge.
(K) Exterior lighting.
(1) In general. No use shall be operated or occupied so as to create light or glare in such an amount or to such a
degree of intensity as to constitute a hazardous condition or a public nuisance. Lighting shall not create a sense of
brightness that is substantially greater than the ambient lighting conditions so as to cause annoyance, discomfort,
decreased visibility or a hazard for vehicular or pedestrian traffic.
(2) Lighting fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light
source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or
tilted above a horizontal plane in commercial or industrial districts, with the exception of architectural up-lighting or
landscape lighting.
City of Columbia Heights – Ordinance 1711 Page 36
(3) Lighting intensity. Lighting shall not directly or indirectly cause illumination or glare in excess of one-half
footcandle as measured at the closest residential property line and three footcandles as measured at the closest
street curb line or non-residential property line. Lighting shall be maintained stationary and constant in intensity and
color, and shall not be of a flashing, moving or intermittent type.
(4) Submission. Detailed plans showing fixture type, wattage, light source, location and elevation along with site
point by point showing footcandles must be submitted.
(5) Lighting of buildings. Lighting of building facades or roofs shall be located, aimed and shielded so that the
light is directed only onto the facade or roof.
(6) Exceptions. The following uses are exempt from the provisions of this section:
(a) Publicly controlled or maintained street lighting, warning lights, emergency lights, or traffic signals.
(b) Athletic fields and other outdoor recreational facilities serving or operated by an institutional or public use
that is operated in accordance with all other applicable provisions of this article.
(L) Off-street parking and loading.
(1) Purpose. The purpose of off-street parking and loading requirements is to alleviate or prevent congestion of
the public right-of-way, to provide for the parking and loading needs of specific uses, to minimize the incompatibility
between parking and loading areas and adjacent uses, and to regulate the size, design, maintenance and location of
required off street parking and loading areas.
(2) Change of use. If the use of a building or site is changed or intensified, parking and loading facilities shall be
provided for the changed or intensified use in accordance with the provisions of this section.
(3) Existing facilities. Existing off-street parking and loading facilities shall not be reduced below the
requirements for a similar new use or, if less than the requirements for a similar new use, shall not be reduced
further.
(4) Use of facilities.
(a) Required parking and loading spaces and driveways providing access to such spaces shall not be used for
storage, display, sales, rental or repair of motor vehicles or other goods, or for the storage of inoperable vehicles or
snow.
(b) Off-street parking facilities accessory to residential uses shall be utilized solely for the parking of passenger
automobiles and/or one truck not to exceed 9,000 pounds gross capacity for each dwelling unit. Under no
circumstances, shall required parking facilities accessory to residential structures be used for the storage of
commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of
nearby business or manufacturing establishments.
(5) Location of facilities. Required off-street parking spaces in the R-1 and R-2 Zoning Districts shall be located on
the same lot as the principal building. Required off-street parking and loading facilities in all other zoning districts
shall be located on the same lot or development site as the use served, except as follows:
(a) Off-site parking for multiple-family and institutional uses shall be located no more than 200 feet from the
main entrance of the use being served.
City of Columbia Heights – Ordinance 1711 Page 37
(b) Off-site parking for commercial or industrial uses shall be located no more than 400 feet from the main
entrance of the use being served.
(c) Reasonable and improved access shall be provided from the off-site parking facility to the use being served.
(d) The site used for off-site parking shall be under the same ownership as the principal use being served or
use of the off-site parking facility shall be protected by a recordable instrument acceptable to the city.
(6) Calculation of requirements. Calculating the number of parking or loading required shall be in accordance
with the following:
(a) Gross floor area. The term “gross floor area” for the purpose of calculating the number of off-street parking
spaces required shall be determined based on the exterior floor dimensions of the building, structure or use times
the number of floors, minus 10%.
(b) Places of public assembly. In places or worship, stadiums, sports arenas and other places of public
assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each three feet of
such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street
parking facilities under this section.
(c) Capacity. In cases where parking requirements are based on capacity of persons, the capacity shall be
based on the maximum number of persons that may occupy a place, as determined under the building code and
posted within the establishment.
(d) Employees. When parking requirements are based on employee counts, such calculations shall be based on
the maximum number of employees on the premises at any one time.
(e) Calculating space. When calculating the number of off-street parking spaces required results in fraction,
each fraction of one-half or more shall require another space. The Council, at its discretion, may reduce the
minimum required parking to not less than 1.5 parking spaces per unit for multifamily structures with seven or more
units, after consideration of factors including but not limited to the present or future availability of transit services,
shared parking, pedestrian orientation, and occupancy characteristics.
(f) Garage or carport. A garage or carport shall be considered a parking space. However, a building permit shall
not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide
the required parking space.
(g) Joint parking. Except for shopping centers or where a shared parking arrangement has been approved by
the city, the off-street parking requirements for each use in a multi-use structure or site shall be calculated
separately in determining the total spaces required.
(h) Proof of parking. In cases where the future potential use of a building may generate additional parking
demand, the city may require a proof of parking plan for the site that shows how the anticipated parking demand
will be met.
(7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design
and maintenance requirements:
(a) Size of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive
of an adequately designed system of access drives. In the case where the parking space is abutting a curb at its
narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces,
City of Columbia Heights – Ordinance 1711 Page 38
up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is
reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length,
exclusive of the adequately designed system of access drives.
(b) Access and circulation. Except for parking accessory to one- and two-family dwellings, each required off-
street parking space shall have direct access to an aisle or driveway no less than 24 feet in width and designed to
provide safe and efficient means of vehicular access to and from the parking space without using public right-of-way
for maneuvering.
(c) Surfacing. All off-street parking areas, all driveways leading to such parking areas and all other areas upon
which motor vehicles may be located shall be surfaced with a dustless all-weather hard surface material. Acceptable
materials include asphalt, concrete, brick, cement pavers or similar material installed and maintained per industry
standards. Crushed rock shall not be considered an acceptable surfacing material.
(d) Drainage. Driveways shall not exceed a grade of 6% and all parking lots except those for less than four
vehicles shall be graded according to a drainage plan that has been approved by the City Engineer. Catch basins,
sumps and underground storm sewers may be required.
(e) Curbing. Except for one-, two-, three- and four-family residential uses, all off-street parking areas, all
driveways leading to such parking areas, landscape islands, and other areas upon which motor vehicles may be
located shall have six-inch non-surmountable poured in place concrete perimeter curbing. In cases where existing
circumstances or area practices make such curbing impractical, the requirement may be waived subject to submittal
and approval of a parking area drainage plan by the City Engineer.
(f) Lighting. Lighting used to illuminate an off-street parking area shall comply with the performance
requirements of this section. The height of parking lot light poles or standards shall be no less than 12 feet and no
more than the maximum height established for structures in the district in which the lights will be installed.
(g) Setbacks. Except for one-, two-, three- and four-family residential uses, parking lots and loading areas shall
be subject to the same setbacks as a structure for the district in which such parking is located. One-, two-, three- and
four-family residential uses are subject to the following setback requirements:
1. Residential lots platted prior to the effective date of this section and having a lot width of 60 feet or less,
shall maintain a minimum side yard setback of one foot in all districts.
2. Residential lots platted after the effective date of this section or having a lot width greater than 60 feet
shall maintain a minimum side yard setback of three feet in all districts.
3. The creation of a joint driveway use between adjoining property owners shall require a conditional use
permit.
4. No more than 50% of the front yard setback shall be paved for parking purposes.
(h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading
to, and attached or detached garage.
(i) Minimum driveway widths. In all zoning districts, driveways shall be no less than 12 feet in width.
(j) Parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which
such parking is located.
City of Columbia Heights – Ordinance 1711 Page 39
(k) Signs. No sign shall be located in any parking area except as necessary for the orderly operation of traffic
movement or parking regulation.
(l) Screening. All off-street parking areas containing six or more parking spaces and located next to a
residential use shall be screened with fencing or landscaping no less than six feet in height that is 80% opaque on a
year round basis.
(m) Landscaping. All setback areas shall be landscaped with grass, vegetation or other landscape material. The
front yard setback area of all off-street parking areas containing six or more parking spaces shall have a vegetative
screen no less than 30 inches in height that is 80% opaque on a year round basis.
(n) Striping. All off-street parking areas containing six or more parking spaces shall have the parking spaces and
aisles clearly painted on the pavement according to the plan approved by the city.
(o) Maintenance. Parking areas and driveways shall be kept free of dirt, dust and debris, and the pavement
shall be maintained in good condition. In winter months, required parking areas for commercial businesses shall be
cleared of snow. Landscaping, lighting, fencing or other features installed in conjunction with parking areas shall also
be maintained and kept in good condition at all times.
(8) Off-street parking district.
(a) Should the city establish a public off-street parking district, those uses located within the district shall be
exempt from providing off-street parking spaces as required herein.
(b) The CBD, Central Business District, is established as a public off-street parking district, so that
nonresidential uses are exempt from providing off-street parking spaces as required herein. Residential uses,
including those in mixed-use buildings, shall provide off-street parking as required herein.
(9) Shared parking. The City Council may approve the use of a required off-street parking area for more than one
principal use on the same or an adjacent site if the following conditions are met:
(a) Location. The use for which application for shared parking is being made is located within 300 feet of the
use providing the parking facilities.
(b) Nighttime uses. Up to 50% of the off-street parking facilities required for a bowling alley, nightclub, school
auditorium, theater or similar nighttime use may be supplied by off-street parking facilities provided primarily for a
daytime use.
(c) Sunday use. Up to 75% of the off-street parking facilities required for a place of worship or similar Sunday
use may be supplied by off-street parking facilities provided primarily for a daytime use.
(d) Daytime use. For the purposes of this provision, the following uses are considered primarily daytime uses:
financial institutions, offices, retail stores, personal service facilities and similar uses.
(e) Contract. A legally binding instrument for the shared use of off-street parking facilities shall be approved by
the City Attorney and filed with the Anoka County Recorder’s Office within 60 days after approval of the shared
parking use.
(10) Off-street parking requirements. Off-street parking shall be provided as specified in the following table, except
as otherwise provided in this section.
City of Columbia Heights – Ordinance 1711 Page 40
Use Minimum Spaces Required
Use Minimum Spaces Required
Residential Uses
Single-family 2 per unit, two must be enclosed (garage)
Accessory Dwelling Units 1 off-street parking space per unit
Two-family 2 per unit, two must be enclosed (garage)
Townhome/Twinhome 2 per unit, two must be enclosed (garage)
Multiple-family
One-bedroom units 1 per unit, must be enclosed (garage)
Two-bedroom or larger units 2 per unit, one must be enclosed (garage)
Manufactured home park 2 per unit
Residential care facility (6 or fewer) 2 per unit, two must be enclosed (garage)
Residential care facility (7 or more) 1 per employee, 1 per every 6 residents
Convent/monastery 1 per every 3 beds
Rooming house/group living quarters 2 per every 3 residents
Nursing home 1 per every 2 beds
Senior housing/assisted living 1 per every 2 units
Transitional/emergency housing 1 per employee, plus 1 per every 6 residents
Bed and breakfast home 2 plus 1 per every room rented
Public/Institutional Uses
Community center Determined by staff-based on parking study
Drop-in facility 30% of building capacity
Golf course 5 per hole, plus 30% of capacity of club house
Government facility Based on type of use
Religious facilities/places of worship 1 per every 3.5 seats, capacity of main assembly area
School–elementary/junior high 10 plus 1 per classroom
School–senior high 10 plus 1 per every 6 students
School–vocational or business Determined by staff–based on parking study
School–performing/visual/martial
arts 30% of building capacity
Commercial Uses
Retail sales/services 1 per 300 sf, gross floor area
Retail sales, outdoor 1 per 1,000 sf of sales/display area
City of Columbia Heights – Ordinance 1711 Page 41
Auditorium/places of assembly 1 per 3.5 seats, based on design capacity
Automobile convenience facility 6 spaces, plus 1 per 300 sf, gross floor area
Automobile repair 1 per 300 sf, gross floor area, plus 2 per service bay
Automobile sales/rental 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor
sales/display area
Banquet hall 1 per 3.5 seats, based on design capacity
Billiards hall 30% of building capacity
Bowling alley 5 per lane, plus 30% of capacity for related uses
Car wash 2 spaces per bay, plus 4 stacking spaces per bay
Clinic, medical and dental 1 per 300 sf, gross floor area
Clinic, veterinary 6 per veterinarian
Club or lodge 30% of building capacity
Consignment/thrift store 1 per 300 sf, gross floor area
Currency exchange 1 per 300 sf, gross floor area
Day care center 1 per every employee, plus 1 drop off space for every 5 enrollees
Financial institution 1 per 300 sf, gross floor area, plus 6 stacking spaces for each
drive-through lane
Food service, convenience 6 plus 1 per 40 sf of dining/service area, plus 6 stacking spaces
for each drive-through lane
Food service, limited 30% of building capacity
Food service, full-service 30% of building capacity
Funeral home 1 per 5 seats, plus 1 per 300 sf of non-eating area
Greenhouse/garden center 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outside
sales/display area
Health/fitness club Determined by staff–based on parking study
Hospital Determined by staff–based on parking study
Hotel/motel 1 per unit, plus 30% of capacity for meeting rooms
Laboratory, medical 1 per 300 sf, gross floor area
Liquor store, off-sale 1 per 300 sf, gross floor area
Museum/gallery 30% of building capacity
Office 1 per 300 sf, gross floor area
Pawnshop 1 per 300 sf, gross floor area
Personal services 1 per 300 sf, gross floor area or 2 per station, whichever is
greater
Professional services 1 per 300 sf, gross floor area
City of Columbia Heights – Ordinance 1711 Page 42
Recreational facility, indoor 1 per 150 sf of rink, court, pool area, and the like
Recreational facility, outdoor 30% of facility capacity
Recreation vehicle sales 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor
sales/display area
Shopping center 1 per 300 sf, gross floor area
Studio, professional 1 per 300 sf, gross floor area
Studio, radio and television Determined by staff–based on design capacity
Theater, live performance or movie 1 per 3.5 seat, based on design capacity
Industrial Uses
Assembly/manufacturing/processing 2 per every 3 employees or 1 per 1,000 sf, gross floor area,
whichever is greater
Concrete, asphalt or rock crushing 2 per every 3 employees
Freight terminal 1 per 3,000 sf, gross floor area of storage/warehousing, plus 1
per 300 sf, gross floor area of office area
Maintenance facility 1 per 3,000 sf, gross floor area, plus 1 per 300 sf, gross floor area
of office
Office/showroom 1 per 300 sf, gross floor area of office/showroom, plus 1 per
3,000 sf, gross floor area of storage
Office/warehouse 1 per 300 sf, gross floor area of office, plus 1 per 3,000 sf, gross
floor area of storage
Outdoor sales/display 1 per 1,000 sf of sales/display area
Outdoor storage 1 per 3,000 sf of storage area
Printing/publishing 2 per every 3 employees or 1 per 1,000 sf, gross floor area,
whichever is greater
Salvage operation 2 per 3 employees
Self-service storage facility 1 per 3,000 sf, gross floor area of storage, plus 1 per 300 sfr,
gross floor area of office
Warehouse/distribution 1 per 3,000 sf, gross floor area of storage/warehousing, plus 1
per 300 sf, gross floor area of office/sales area
(11) Stacking requirements. Drive-up and drive-through facilities shall provide adequate stacking space for
vehicles in accordance with the following table. Stacking spaces shall require a minimum pavement width of 12 feet,
a length of 20 feet per vehicle, and shall be exclusive of any other required parking spaces or drive aisles.
Use Minimum Stacking Spaces
Automobile washing facility–self-service 4 spaces per bay at entrance, 1 space per bay at exit
Automobile washing facility–automatic 4 spaces per bay at entrance, 1 space per bay at exit
City of Columbia Heights – Ordinance 1711 Page 43
Food service–fast food drive-through 4 spaces behind menu board, 4 space behind first window
Financial institution 4 spaces per teller window, 2 spaces per ATM kiosk
Other drive-up or drive-through uses 2 spaces per window
(12) Off-street loading requirements. Off-street loading space shall be provided for any non- residential use that
receives or distributes materials or merchandise by trucks or similar vehicles and has a gross floor area of 5,000
square feet or more, in accordance with the following standards:
(a) Dimensions. Loading berths shall be no less than 12 feet in width, 50 feet in length and 14 feet in height,
exclusive of aisle and maneuvering space.
(b) Location. Loading berths shall be located on the site and shall be separate from any required off-street
parking. Loading berths shall not be located less than 50 feet from the property line of any residential property or
residentially zoned property. Loading berths shall not be located within the front yard setback area.
(c) Access. Each loading berth shall be located with appropriate means of vehicular access to and from a public
street or alley and shall not interfere with automobile or pedestrian traffic either on the site or adjacent to the site.
(d) Surfacing. All loading berths and access driveways shall be surfaced with a dustless all-weather material
and constructed to control drainage according to a plan approved by the City Engineer.
(e) Use. Any space designated as a loading berth or access drive in accordance with the terms of this section
shall not be used for the storage of goods, inoperable vehicles or required off-street parking.
(f) Number. For facilities with less than 20,000 square feet gross floor area, the off-street loading requirements
may be met by providing a designated loading zone on site, as opposed to constructing a loading berth. For facilities
with 20,000 square feet gross floor area or greater, one off- street loading berth shall be provided for every 30,000
square feet gross floor area or fraction thereof.
(M) Tree Preservation and Planting Standards for Landscaping and Screening.
(1) Purpose. The City of Columbia Heights recognizes the great value trees, landscaping, and
screening provide to all residents of the City. A healthy, resilient, and robust urban forest
enhances the aesthetic, environmental, and economic well-being of the City. Tree preservation
and planting standards, landscaping and screening requirements are established to buffer non-
compatible land uses, screen unsightly views, reduce noise and glare, minimize storm water
runoff, and generally enhance the quality and appearance of development within the
community.
a. Preserve and increase the tree canopy cover of Columbia Heights by protecting mature
trees throughout the City.
b. Protect and enhance property values by conserving trees.
c. Improve quality of life for all stakeholders, including residents, visitors, and wildlife.
d. Preserve and increase the environmental services provided by the urban forest including
sequestration of CO2, erosion and stormwater mitigation, reduction of air pollutants,
reduction of the urban heat island effect, and reduction of noise pollution.
City of Columbia Heights – Ordinance 1711 Page 44
e. Protect and maintain healthy trees in the development and building permit process.
Protect and maintain healthy trees by ensuring best tree protection practices during
construction and development.
(2) Preservation, protection, and replacement of Protected Trees:
a. This ordinance applies to all demolition, building permit applications, and land alteration
permits, public or private, that require a survey.
b. Definitions:
i. Protected Tree: Any tree variety on the List of Protected Tree Varieties as maintained
and published by City staff with a diameter of 6” or greater as measured at 4.5’
above ground (DBH, Diameter at Breast Height). The List of Protected Tree Varieties
may be amended from time to time.
ii. Removable Tree: Any tree not defined as a Protected Tree.
iii. City-Owned Tree: Any tree originating within the City right-of-way or originating from
a City park or City-owned property.
c. Demolition and building permit applications must include a construction tree inventory plan
indicating the location, species, and diameter of the trunk at 4.5’ above the ground (DBH) for
all Protected Trees on the property and City-Owned Trees on or adjacent to the construction
site. The plan must also indicate any Protected Trees that are proposed to be removed, as well
as their replacement tree(s) location, species, and size. Applications must also include a tree
protection plan describing in detail how Protected Trees and City-Owned Trees will be
preserved and protected during construction. The tree protection plan shall follow the
standards as presented in the most recent version of the following publications:
i. ANSI A300 Part 5- Management of Trees and Shrubs During Site Planning, Site
Development, and Construction
ii. ISA Best Management Practices- Managing Trees During Construction
d. The construction tree inventory plan and tree protection plan must be reviewed and approved
by the City Forester. Approved tree protection measures shall be fully installed and inspected
by City staff prior to commencement of any construction activities or vehicular traffic on site.
e. During the demolition and building process, the permit holder shall not leave any Protected
Tree or adjacent City-owned tree without sufficient guards and protections to prevent injury
to the protected tree during construction. Tree protection shall follow the standards as
presented in the publications listed above (3.b.). City Forestry Staff monitoring is required for
all projects with affected Protected Trees and/or replacement trees. Replacement trees will be
monitored for three (3) years to ensure proper establishment.
f. Protected Tree varieties that are less than 6” in caliper must be moved to another location on
the property if possible. Exceptions must be granted in writing by the City Forester.
g. If a Protected Tree is removed, except as allowed for in paragraph 5 below, it is subject to a
size-based replacement policy.
i. Protected trees with DBH 6”-15” are subject to a 2:1, “two for one” replacement
requirement.
ii. Protected trees with DBH 15”-20” are subject to a 3:1, “three for one” replacement
requirement.
iii. Protected trees with DBH 20”-25” are subject to a 4:1, “four for one” replacement
requirement.
iv. Protected trees with DBH >25” are subject to a 5:1, “five for one” replacement
requirement.
City of Columbia Heights – Ordinance 1711 Page 45
v. Replacement trees must be varied by species and are subject to approval by the City
Forester.
vi. Replacement trees are subject to the size and diversity requirements as outlined
below.
vii. A payment of $400 for each tree may be made to the City in lieu of planting
replacement trees where sufficient space does not exist on the property. Payments
will support the planting of replacement trees by City staff on City property.
viii. Replacement trees shall be planted according to the standards set forth in the MN
Department of Natural Resources publication “A Pocket Guide to Planting Trees”. All
replacement trees are subject to inspection by City staff for a period of 2 years
beginning the day of planting. Any trees determined to be unhealthy or poorly
established during this period shall be subject to replacement.
(3) Removal of Protected and Removable Trees:
a. Protected Trees may be removed in the following areas:
i. Within the footprint of the building pad of a new or remodeled building, or within a
10’ radius of the footprint.
ii. Within driveways and parking areas meeting all other City ordinance requirements.
b. Protected Trees removed in accordance with sections (i.) and (ii.) above are required to be
replaced at a rate of 1:1, “one for one.” Replacement trees are subject to all requirements
listed in paragraph (3.) above.
c. Removable Trees may be removed for any development or building permit without
replacement.
d. If Protected Trees are dead, diseased, or hazardous their removal must be approved in
writing by the City Forester before removal. Dead, diseased, or hazardous trees are not
subject to replacement requirements.
(4) Exemptions from Tree Preservation Ordinance: Tree removal on property with an existing
building or structure that is not being modified is exempt from this ordinance.
(5) Standards for Newly Planted Trees and Replacement Trees
a. Landscaping and screening.
i. Landscape plan required. A landscape plan is required for all new commercial,
industrial, institutional, and multi-family development. For development having an
anticipated construction value in excess of $750,000, the landscape plan must be
prepared by a landscape architect registered in the State of Minnesota. Said
landscape plan shall include the location, size, quantity, and species of all existing
and proposed plant materials.
ii. Design considerations. The following design concepts and requirements should be
considered when developing a landscape plan for submittal to the city:
1. To the maximum extent possible, the landscape plan shall incorporate
existing vegetative features on the site.
2. The overall composition and location of landscaped areas should
complement the scale of the development and its surroundings.
3. The use of native species is preferred in all landscaping choices, and a
minimum of 80% of all plants used shall be native to MN.
4. The City of Columbia Heights is committed to enhancing the diversity and
resiliency of its urban forest. A variety of trees and shrubs shall be used to
provide visual interest year-round and meet diversity requirements. No
City of Columbia Heights – Ordinance 1711 Page 46
more than 25% of the required number of trees or shrubs may be
comprised of any one species or genus. No less than 50% of the required
number of trees shall be over-story deciduous trees and no less than 10%
shall be coniferous. New trees and replacement trees shall be planted
according to the standards set forth in the MN Department of Natural
Resources publication “A Pocket Guide to Planting Trees”. All replacement
trees are subject to inspection by City staff for a period of 3 years beginning
the day of planting. Any trees determined to be unhealthy or poorly
established during this period shall be subject to replacement.
5. Final slopes greater than 3:1 will not be permitted without special
treatment such as terracing, retaining walls or special ground covers.
6. All plant materials shall meet the minimum size standards listed in Table 1;
all planting locations shall meet the soil volume requirements for the plant
material listed in Table 2. Soil volume requirements must be met by
contiguous, uncompacted soil suitable for the plant type. Soil depth beyond
3 feet shall not be counted towards soil volume requirements. Landscaped
areas should be of adequate size to allow proper plant growth, protect
plantings from both pedestrian and vehicular traffic, and provide adequate
area for plant maintenance. Definitions and rules for calculating soil volume
provided in Appendix B. All exceptions to soil volume requirements must be
approved by the City Forester in writing.
Table 1: Plant Size Requirements
Table 2: Soil
Volume
Requirements
Expected Tree Size at Maturity Minimum Soil Volume Requirement (ft3)
Plant Type Minimum Size at Planting
Trees
Evergreen-over-story 6 feet in height
Evergreen—ornamental 6 feet in height
Deciduous–over-story 2.5 inches diameter, measured 2 feet from
base
Deciduous–ornamental 2 inches diameter, measured 2 feet from
base
Shrubs
Evergreen 2 feet in height
Deciduous 2 feet in height
Screening shrubs–either 3 feet in height
City of Columbia Heights – Ordinance 1711 Page 47
Small trees: 10-25 ft crown spread, 8-12”
mature DBH
300
Medium trees: 25-35 ft crown spread, 12-18”
mature DBH
700
Large trees: 35+ ft crown spread, 18”+ mature
DBH
1100
Appendix A: List of Protected Tree Varieties
Common Name Botanical Name
Birch Betula spp.
Buckeye, Ohio Aesculus glabra
Catalpa, Northern Catalpa speciosa
Cedar, Eastern Red Juniperus virginiana
Cedar, Northern White Thuja occidentalis
Elm (except Siberian/Asian elms) Ulmus spp. (Except U. pumila)
Fir, White Abies concolor
Hackberry Celtis occidentalis
Hemlock, Eastern Tsuga canadensis
Hickory Carya spp.
Honey locust Gleditsia triacanthos
Ironwood Ostrya virginiana
Kentucky coffee Gymnocladus dioica
Linden Tilia spp.
Maple, Black Acer nigrum
Maple, Red Acer rubrum
Maple, Sugar Acer saccharum
Mountain ash Sorbus spp.
Oak Quercus spp.
Pine, Red Pinus resinosa
Pine, White Pinus strobus
Spruce, Norway Picea abies
Spruce, White Picea glauca
Walnut, Black Juglans nigra
Appendix B: Definitions and Rules for Calculating Soil Volume
The following definitions apply to soil media for newly planted trees in the City of Columbia Heights:
Open soil. Exclusively refers to either uncompacted native soils (no greater than 80% Proctor), or amended
City of Columbia Heights – Ordinance 1711 Page 48
soils meeting the Minnesota Department of Transportation standards for approved topsoil, that are not
covered by hardscape or paved surfaces.
Available open soil. The uncovered length by width of a planting bed, multiplied by depth of preparation up
to 36 inches deep. Most unprepared urban subgrade is highly compacted and does not qualify as available.
Covered soil. Soil volume provided below hardscape or paved surfaces in the form of suspended soil cells or
structural soil. Only 25% of the volume of structural soils may be counted towards soil volume requirements.
All covered soil used in cell-type systems or suspended pavement systems shall be loam.
Shared soil. Soil media shared by more than one tree in a planting bed sharing open soil, or an individual tree
in a planting bed that is connected to other open soils via Soil Cells or Structural Soil. Areas of shared soil
must have a continuous root path that does not restrict to less than 4 feet wide or 2 feet deep. Trees in
shared soil spaces received a 30% credit towards total soil volume requirements.
Isolated soil. Soil media in a tree well or small enclosed planting bed that is not connected to other prepared
soil volumes and is totally isolated by hardscape such as driveways, sidewalks, or vaults.
Connected soil. Two or more areas of open soil that are connected below hardscape with either soil cells or
structural soil. These connected beds can now qualify as shared soil.
The following standards and exceptions apply to calculating soil volumes:
1) The total soil volume provided for a tree shall be calculated in cubic feet by adding the available open soil
volume to the available covered soil volume within a 50-foot radius of the tree.
2) When total soil volume consists of more than one planter bed or open soil area, those areas must be
connected by continuous root paths at least 4 feet wide and 2 feet deep.
3) Soil volumes for covered soil shall be calculated by using only the space available to roots and may not
include the components providing structure. 90% of the volume of cell-type hardscape suspension
systems may be counted towards total soil volume; 25% of the volume of structural soils may be counted
towards total soil volume. A maximum depth of 36” may be used when calculating total soil volume;
depths beyond 36” may not be counted towards soil volume requirements. Trees in shared soil spaces
receive a 30% credit towards total soil volume requirements.
(6) Landscaping requirements. Landscaping shall be provided in accordance with the following
requirements:
a. All required setbacks shall be landscaped with turf grass, native grasses, trees, shrubs,
vines, perennial flowering plants, or other pervious ground cover. Artificial turf shall not be
considered a pervious ground cover unless a land disturbance permit is issued and
approved by the Public Work Director.
b. A minimum of one tree shall be planted for every 50 feet of street frontage or fraction
thereof. The trees shall be planted within the front yard and may be arranged in a cluster
or placed at regular intervals to best complement existing landscape design patterns in the
area.
City of Columbia Heights – Ordinance 1711 Page 49
c. A minimum of four trees shall be planted for every one acre of lot area covered by
buildings, parking areas, loading areas, exterior storage areas and other impervious
surfaces.
d. Parking areas shall have a minimum of 100 square feet of landscape area and one over-
story tree for each 20 spaces or, fraction thereof. The remainder of the landscape area
shall be covered with turf grass, native grasses, trees, shrubs, vines, perennial flowering
plants, or other pervious ground cover.
(7) Screening requirements. Screening shall be provided in accordance with the following
requirements:
a. All off-street parking areas containing six or more parking spaces and located adjacent to a
residential or residentially zoned property, the parking area shall be screened along the
boundary with the residential use. Where any commercial or industrial use is located
adjacent to or across a public alley from a residential or a residentially zoned property, the
commercial or industrial use shall be screened along the boundary with the residential use.
b. Exterior storage of materials or equipment, except for allowed retail sales and temporary
placement of equipment, shall be screened from all adjacent non-industrial uses and from
the public right-of-way.
c. Required screening shall consist of a fence, wall, earthen berming and/or vegetation no
less than six feet in height and no less than 80% opaque on a year round basis. Said
screening shall be located as close to the property line as practicable and no closer than 15
feet from the edge of a public right-of-way.
(8) Installation and maintenance. The following regulations shall govern the installation and
maintenance of landscaping and screening materials.
a. All landscaping materials and screening materials shall be installed in conjunction with site
development and prior to issuance of a final certificate of occupancy.
b. A letter of credit or other security as acceptable to the city shall be deposited with the
Zoning Administrator, in an amount equal to 100% of the estimated cost of landscaping
and/or screening. The letter of credit or other security as acceptable to the city, or
portions thereof, shall be forfeited to maintain and/or replace materials for a period of
time to include at least two growing seasons. A portion of the letter of credit or other
security as acceptable to the city may be released after one growing season as determined
by the Zoning Administrator. The property owner shall be responsible for continued
maintenance of landscaping and screening materials to remain in compliance with the
requirements of this section. Plant materials that show signs of disease or damage shall be
promptly removed and replaced within the next planting season.
c. The property owner shall be responsible for continued maintenance of landscaping and
screening materials to remain in compliance with the requirements of this section. Plant
materials that show signs of disease or damage shall be promptly removed and replaced
within the next planting season.
(9) Screening of parking areas from adjacent properties. All parking and loading areas (including
drive-through facilities, pump island service areas and stacking spaces) abutting a public street or
sidewalk shall provide:
a. A landscaped frontage strip at least five feet wide along the public street or sidewalk. If a
parking area contains over 100 spaces, the minimum required landscaped frontage strip
shall be increased to eight feet in width.
City of Columbia Heights – Ordinance 1711 Page 50
b. Screening consisting of either a masonry wall, fence, berm or hedge or combination that
forms a screen a minimum of three feet in height, a maximum of four and one half feet in
height, and not less than 50% opaque on a year-round basis. For reasons of personal safety
and security, parking lot screening should allow clear visibility of pedestrians above the
three-foot high viewing range.
c. Trees shall be planted at regular intervals of no greater than 50 feet within the frontage
strip.
(N) Building design standards.
(1) Purpose. The purpose of this section is to promote quality development throughout the community that is
attractive and visually compatible with adjacent development.
(2) Design review required. Approval of building elevations is required for all new commercial, industrial,
institutional and multi-family development. Building design approval is also required for any remodeling or
expansion activity that increases the overall size of the building by 10% or more.
(3) Building materials and design. The following material and design standards shall be adhered to:
(a) Building materials for all projects shall be durable, require low maintenance and be of the same or better
quality than that used on surrounding properties; and shall consist of any of the following materials: Brick; natural
stone; stone treated concrete panels; glass curtain wall panels; wood, provided surfaces are finished for exterior use
and only woods of proven exterior durability are used such as cedar, redwood, and cypress; factory fabricated and
finished metal frame paneling; or other materials of high architectural quality as approved by staff.
(b) Building elevations and facades should include a variety of architectural features and building materials to
provide visual interest and give each project a distinct character. Building facades shall contain windows at the
ground level or first floor in order to increase security of adjacent outdoor spaces by maximizing natural surveillance
and visibility. Special care should be given to building elevations that face a public right-of-way or a residential area.
Doors, window frames, screening walls, and other architectural features should be finished to complement the color
and material of the principal building. At least 20% of the first floor facade that faces a public street, sidewalk or
parking lot shall be windows or doors for residential uses. At least 20% of the first floor facade that faces a public
street, sidewalk or parking lot shall be windows or doors of clear or lightly tinted glass that allows views into and out
of the building at eye level for non-residential uses. Windows shall be distributed in a more or less even manner.
Minimum window area shall be measured between the height of two feet and ten feet above the finished level of
the first floor.
(c) All additions, exterior alterations or accessory buildings constructed after the original buildings shall be of
the same material and design as the original structure. However, this provision shall not prohibit the upgrading of
the quality of materials used in a remodeling or expansion activity, provided said upgraded material complements
the original.
(d) All structures over 120 square feet shall have full perimeter footings.
(e) Steel frame structures with metal siding and roof are allowed in commercial and industrial districts
provided 50% or more of the front of the structure is masonry type veneer and windows, and the side walls shall be
at least four feet from grade with the same type of masonry veneer.
City of Columbia Heights – Ordinance 1711 Page 51
(4) Application of master plan district provisions. Properties located within the district boundaries of master
plan area shall also be subject to the district provisions of the master plan.
(5) Design guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated
areas or districts of the city with greater specificity than the standards in this section. Where there is a conflict
between the design guidelines and the standards in this section, the guidelines shall apply. The design guidelines
shall not prohibit public art. Public art shall be allowed to be incorporated into building design and may include but is
not limited to; painted block, landscaping and tree plantings, and ornamental structures, etc. Public art shall be
encouraged as an alternative to traditional design guideline requirements.
(O) Telecommunication towers/antennae.
(1) Purpose.
(a) The purpose of this division is to provide a uniform and comprehensive set of standards for the
development and installation of wireless communications towers, antennas and related facilities. The regulations
and requirements contained herein are intended to: (i) regulate the placement, construction and modification of
wireless communications towers and related wireless communications facilities in order to protect the health,
safety, and welfare of the public and the aesthetic quality of the city; and (ii) encourage managed development of
wireless communications infrastructure, while at the same time not unreasonably interfering with the development
of the competitive wireless communications marketplace in the City of Columbia Heights.
(b) It is intended that the city shall apply these regulations to accomplish the following:
1. Minimize the total number of towers throughout the community through siting standards;
2. Encourage the location of towers in non-residential areas and with compatible uses;
3. Provide for the appropriate location and development of wireless communications towers, antennas and
related facilities within the city, to the extent possible, to minimize potential adverse impacts on the community;
4. Minimize adverse visual impacts of wireless communications towers and related facilities through careful
design, siting, landscape screening, and innovative camouflaging techniques utilizing current and future
technologies;
5. Promote and encourage shared use/co-location of towers and antenna support structures;
6. Maintain and preserve the existing residential character of the City of Columbia Heights and its
neighborhoods and to promote the creation of a convenient, attractive and harmonious community;
7. Promote the public safety and avoid the risk of damage to adjacent properties by ensuring that wireless
communications towers and related wireless communications facilities are properly designed, constructed,
modified, maintained and removed;
8. Ensure that wireless communications towers and related wireless communications facilities are
compatible with surrounding land uses;
9. Encourage the use of alternative support structures, co-location of new antennas on existing wireless
communications towers, camouflaged towers, and construction of towers with the ability to locate three or more
providers;
City of Columbia Heights – Ordinance 1711 Page 52
10. Maintain and ensure that a non-discriminatory, competitive and broad range of wireless communications
services and high-quality wireless communications infrastructure consistent with federal law are provided to serve
the community; and
11. Ensure that wireless communications facilities comply with radio frequency emissions standards as
promulgated by the Federal Communications Commission.
(c) This section is not intended to regulate satellite dishes, satellite earth station antennas, residential
television antennas in private use, multichannel multipoint distribution service antennas, or amateur radio antennas.
(2) Definitions. For the purposes of this division the following terms and phrases shall have the meaning
ascribed to them herein:
ACCESSORY STRUCTURE. Means a structure or portion of a structure subordinate to and serving the principal
structure on the same lot.
ACCESSORY USE. Shall have the meaning set forth in the Chapter 9.
ANTENNA. Means a device fabricated of fiberglass, metal or other material designed for use in transmitting
and/or receiving communications signals and usually attached to a wireless communications tower or antenna
support structure.
ANTENNA SUPPORT STRUCTURE. Any building or structure, excluding towers, used or useable for one or more
wireless communications facilities.
BUFFER or BUFFERING. A natural or landscaped area or screening device intended to separate and/or partially
obstruct the view of adjacent land uses or properties from one another so as to lessen the impact and adverse
relationship between dissimilar, unrelated or incompatible land uses.
CITY. The City of Columbia Heights, Minnesota, and any and all departments, agencies and divisions thereof.
CITY CODE. The Columbia Heights City Code, as amended from time to time.
CITY COUNCIL or COUNCIL. The Columbia Heights City Council or its designee.
CITY MANAGER. The City Manager of the City of Columbia Heights, Minnesota or the City Manager’s designee.
CO-LOCATION. The use of a single wireless communications tower, antenna support structure and/or site by
more than one provider.
CONDITIONAL USE. Those uses that are generally compatible with other uses permitted in a zoning district, but
that require individual review of their location, design, configuration, intensity and structures, and may require the
imposition of conditions pertinent thereto in order to ensure the appropriateness of the use at a particular location.
This definition shall only apply to this specific division and shall not apply to other sections or provisions of the land
use and development regulations.
CONDITIONAL USE PERMIT. A permit specially and individually granted by the Council after a public hearing
thereon by the Planning Commission for any conditional use so permitted in any zoning district. In approving a
conditional use permit, the Council may impose reasonable conditions to accomplish the objectives of this division
with respect to use, screening, lighting, hours of operation, noise control, maintenance, operation or other
requirements.
City of Columbia Heights – Ordinance 1711 Page 53
EQUIPMENT CABINET or SHELTER. A structure located near a wireless communications facility that contains
electronics, back-up power generators and/or other on-site supporting equipment necessary for the operation of
the facility.
EXISTING TOWER. Any tower designated as an existing tower by division (O)(6) for which a permit has been
properly issued prior to the effective date of this division, including permitted towers that have not yet been
constructed so long as such approval is current and not expired. After the effective date of this division, any tower
approved and constructed pursuant to the provisions of this division shall thereafter be treated as an existing tower
for purposes of regulation pursuant to this division and the land use and development regulations.
GUYED TOWER. A wireless communications tower that is supported, in whole or in part, by guy wires and
ground anchors or other means of support besides the superstructure of the tower itself.
LAND USE AND DEVELOPMENT REGULATIONS. Chapter 9 of the Columbia Heights Code, as it may be amended
from time to time.
MICROWAVE DISH ANTENNA. A dish-like antenna used to transmit and/or receive wireless communications
signals between terminal locations.
MONOPOLE TOWER. A wireless communications tower consisting of a single pole or spire supported by a
permanent foundation, constructed without guy wires and ground anchors.
NONCONFORMITY. Shall have the meaning given in M.S. § 394.22, subd. 8, or successor statutes, and shall be
governed by the provisions of the land use and development regulations (nonconformities).
PANEL ANTENNA. An array of antennas designed to direct, transmit or receive radio signals from a particular
direction.
PICO CELL. A low-power cell whose coverage area extends 300 to 500 yards.
PLANNING COMMISSION. The Columbia Heights Planning and Zoning Commission.
PROVIDER. (When used with reference to a system) means a person or entity that provides wireless
communications service over a wireless communications facility, whether or not the provider owns the facility. A
person that leases a portion of a wireless communications facility shall be treated as a provider for purposes of this
division.
SATELLITE DISH. An antenna device incorporating a reflective surface that is solid, open mesh, or bar configured
that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic
signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth
stations, TVROs and satellite microwave antennas.
SELF-SUPPORT/LATTICE TOWER. A tower structure requiring no guy wires for support.
STEALTH or CAMOUFLAGED TOWER, EQUIPMENT CABINET or FACILITY. Any wireless communications tower,
equipment cabinet or facility designed to hide, obscure or conceal the presence of the tower, antenna, equipment
cabinet or other related facility. The stealth technology used must incorporate the wireless communications tower,
equipment cabinet and facility into and be compatible with the existing or proposed uses of the site. Examples of
stealth facilities include, but are not limited to: architecturally screened roof-mounted antennas, antennas
City of Columbia Heights – Ordinance 1711 Page 54
integrated into architectural elements, and wireless communications towers designed to look like light poles, power
poles, trees, flag poles, clocks, steeples or bell towers.
UTILITY POLE-MOUNTED FACILITY. A wireless communications facility attached, without regard to mounting, to
or upon an electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support
structure or other similar facility located within a public right- of-way or utility easement approved by the Planning
Commission. The facility shall include any associated equipment shelters regardless of where they are located with
respect to the mount.
WHIP ANTENNA. An omni-directional antenna used to transmit and/or receive radio signals.
WIRELESS COMMUNICATIONS FACILITY. A facility that is used to provide one or more wireless communications
services, including, without limitation, arrays, antennas and associated facilities used to transmit and/or receive
wireless communications signals. This term does not include wireless communications towers, over-the-air reception
devices that deliver or receive broadcast signals, satellite dishes regulated by 47 C.F.R. § 25.104, devices that provide
direct-to home satellite services (“DBS”) or devices that provide multichannel multi-point distribution services
(“MMDS”) as defined and regulated by 47 C.F.R. § 1.4000, as amended.
WIRELESS COMMUNICATIONS SERVICES. Those services specified in 47 U.S.C. §§ 332(c)(7)(C) and 332(d)(1)-(2),
and any amendments thereto.
WIRELESS COMMUNICATIONS TOWER. A guyed, monopole or self-support/lattice tower, or extension thereto,
constructed as a freestanding structure, supporting one or more wireless communications facilities used in the
provision of wireless communications services.
ZONING ADMINISTRATOR. The person appointed by the City Manager as provided in the land use and
development regulations.
(3) Applicability. The requirements of this division apply to the extent provided herein to all new, existing,
replacement, re-located or expanded and/or modified wireless communications towers and wireless
communications facilities. The requirements of this division apply throughout the city. It is the express intent of the
city to impose, to the extent permitted by applicable law, all requirements of this division to all land within the city,
whether publicly or privately held, including, without limitation, private property, city property, church property,
utility property and school property.
(a) Non-essential services. Wireless communications towers and wireless communications facilities will be
regulated and permitted pursuant to this division and not regulated or permitted as essential services, public utilities
or private utilities.
(b) Attempt to locate on existing tower or antenna support structure. Every owner/operator seeking to locate
a wireless communications facility within the city must attempt to locate on an existing wireless communications
tower or antenna support structure as required by division (O)(7) and (8).
(4) Exempt from city review. The following activities shall be permitted without city approvals:
(a) Amateur radio. The installation of any antenna and its supporting tower, pole or mast to the extent city
regulation is preempted by state or federal law.
(b) Residential television antennas. The installation of residential television antennas in private use to the
extent preempted by state and federal law.
City of Columbia Heights – Ordinance 1711 Page 55
(c) Satellite dishes. The installation of satellite dishes to the extent preempted by state or federal law.
(d) Mobile news. The use of mobile services equipment providing public information coverage of news events
of a temporary or emergency nature.
(5) Permitted locations. The following applies to all wireless communications towers, including re-located or
expanded and/or modified towers, but not to existing towers:
(a) Wireless communications towers less than 120 feet in height shall be a permitted use in the I-1 and I-2
zoning districts.
(b) Wireless communications towers greater than or equal to 120 feet in height shall be a conditional use in
the I-1 and I-2 zoning districts.
(c) Wireless communications towers less than 80 feet in height shall be a permitted use in the RB, CBD and GB
zoning districts.
(d) Wireless communications towers greater than or equal to 80 feet in height shall be a conditional use in the
RB, CBD and GB zoning districts.
(e) Wireless communications towers less than 80 feet in height shall only be allowed as a conditional use in the
R-1, R-2, R-3, R-4 and LB zoning districts.
(f) Wireless communications towers greater than or equal to 80 feet in height shall not be a permitted use in
the R-1, R-2, R-3, R-4 and LB zoning districts.
(g) Except where superseded by the requirements of county, state or federal regulatory agencies possessing
jurisdiction over wireless communications towers, equipment cabinets and wireless communications facilities, such
towers, equipment cabinets and facilities shall be stealth towers, stealth equipment cabinets and stealth facilities
camouflaged to blend into the surrounding environment using stealth technology in a manner pre-approved by the
city on a case-by-case basis.
(h) Utility pole-mounted facilities shall be permitted as accessory uses in all zoning districts. Applications for
such facilities shall be subject to the conditions set forth in this division.
(6) Existing towers.
(a) Except where otherwise noted, existing towers shall not be rendered nonconforming uses by this division.
The city encourages the use of these existing towers for purposes of co-locating additional wireless communications
facilities. Any and all towers erected and in use or approved on or before the effective date of this division shall be
treated as existing towers. These towers shall be considered conforming uses with respect to this division and the
city shall allow co-location on these towers subject to the requirements of division (O)(7) so long as the providers
utilize the most visually unobtrusive equipment that is technologically feasible.
(b) Owners of existing towers shall be required to comply with the requirements and procedures set forth in
division (O)(13) and (14) to replace an existing tower.
(c) Owners of existing towers shall be required to comply with the applicable requirements and procedures set
forth in division (O)(6), (7), (8) and (13) to modify or relocate an existing tower or to co-locate a wireless
communications facility on an existing tower.
City of Columbia Heights – Ordinance 1711 Page 56
(d) Increases in height of an existing wireless communications tower, modification of an existing wireless
communications tower or conversion of an existing wireless communications tower to a stealth or camouflage
structure shall be treated as a new tower and subject to all the applicable requirements of this division.
(e) Owners of existing wireless communications towers shall be required to comply with the requirements set
forth in division (O)(15) and (16).
(7) Co-location use, modification and relocation of existing towers.
(a) Any owner of an existing tower or antenna support structure containing additional capacity suitable for
installation or co-location of wireless communications facilities shall permit providers to install or co-locate said
facilities on such towers or antenna support structures; provided that no existing tower or antenna support
structure shall be used to support wireless communications facilities for more than three separate providers. Any co-
location of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated
between the parties.
(b) Any existing tower may be modified or relocated to accommodate co-location of additional wireless
communications facilities as follows:
1. An application for a wireless communications permit to modify or relocate a wireless communications
tower shall be made to the Zoning Administrator. The application shall contain the information required by division
(O)(14)(b) and (c). The Zoning Administrator shall have the authority to issue a wireless communications permit
without further approval by the Council or the Planning Commission, except as provided in this division. Any denial
of an application for a wireless communications permit to modify or relocate a wireless communications tower for
purposes of co-location shall be made in accordance with division (O)(14)(e).
2. The total height of the modified tower and wireless communications facilities attached thereto shall not
exceed the maximum height allowed for a permitted wireless communications tower in the zoning district in which
the tower is located, unless a conditional use permit is granted by the city.
3. Permission to exceed the existing height shall not require an additional distance separation from
designated areas as set forth in this division. The tower’s pre-modification height shall be used to calculate such
distance separations.
4. A tower which is being rebuilt to accommodate the co-location of additional wireless communications
facilities may be moved on the same parcel subject to compliance with the requirements of this division.
5. A tower that is relocated on the same parcel shall continue to be measured from the original tower
location for the purpose of calculating the separation distances between towers as provided herein.
(8) Application to locate wireless communications facility on existing tower.
(a) An application for a wireless communications permit to locate or re-locate a wireless communications
facility on an existing tower must be submitted to the Zoning Administrator on the designated form and shall, at a
minimum, contain the following:
1. Name, address and telephone number of the applicant;
2. Location of the existing tower, along with the tower owner’s name and telephone number;
3. Number of applicant’s wireless communications facilities to be located on the subject tower;
City of Columbia Heights – Ordinance 1711 Page 57
4. A sworn and certified statement in writing by a qualified engineer that the wireless communications
facility will conform to any and all other construction standards set forth by the city code, and federal and state law;
5. An application fee in the amount set by the Council for each wireless communications facility listed on the
application;
6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or
operation of a wireless communications system in the city;
7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications
facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless
communications facility and the supporting tower, topography, and any other information deemed by the city to be
necessary to assess compliance with this division and the land use and development regulations;
8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are
either within the jurisdiction of the city or within one mile of the city limits, including specific information about the
location, height, and design of each wireless communications facility or tower;
9. A certification that the applicant will comply with all applicable federal, state or local laws including all the
provisions of the land use and development regulations; and
10. A certification that the site described in the application is located on an existing tower and the
owner/operator agrees to the co-location of the subject wireless communications facility.
(b) An application for a wireless communications permit to locate or re-locate a wireless communications
facility that proposes to co-locate said facility on an existing tower and that satisfies the requirements set forth in
this division, shall receive expedited treatment in the review process.
(c) So as to further expedite the permitting process and to promote the efficient use of existing sites, the city
encourages the users of existing towers to submit a single application for approval of multiple users on a single
existing site. Applications for approval at multiple user sites shall be given priority in the review process. The fee to
be submitted with a multiple user application shall be the fee specified in this subsection multiplied by the number
of users listed in such application.
(d) A petitioner shall submit any additional information requested by the city for purposes of evaluating the
permit request.
(e) In granting or denying a wireless communications permit to locate or re-locate a wireless communications
facility on an existing tower, the Zoning Administrator shall prepare a written record of decision including findings of
fact.
(9) Wireless communications facilities on antenna support structures.
(a) All wireless communications facilities to be located on antenna support structures shall be subject to the
following minimum standards:
1. Wireless communications facilities shall only be permitted on buildings which are at least 35 feet tall.
2. Wireless communications facilities shall be permitted on the city’s water tower; provided that the city may
impose reasonable conditions which ensure that such facilities do not interfere with access to or maintenance of the
tower.
City of Columbia Heights – Ordinance 1711 Page 58
3. If an equipment cabinet associated with a wireless communications facility is located on the roof of a
building, the area of the equipment cabinet shall not exceed 10 feet in height, 400 square feet in area nor occupy
more than 10% of the roof area. All equipment cabinets shall be constructed out of nonreflective materials and shall
be designed to blend with existing architecture and located or designed to minimize their visibility.
(b) Antenna dimensions.
1. Unless a conditional use permit is obtained from the city, whip antennas and their supports must not
exceed 25 feet in height and 12 inches in diameter and must be constructed of a material or color which matches
the exterior of the antenna support structure.
2. Unless a conditional use permit is obtained from the city, panel antennas and their supports must not
exceed 8 feet in height or 2.5 feet in width and must be constructed of a material or color which matches the
exterior of the building or structure, so as to achieve maximum compatibility and minimum visibility.
3. Unless a conditional use permit is obtained from the city, microwave dish antennas located below 65 feet
above the ground may not exceed 6 feet in diameter. Microwave dish antennas located 65 feet and higher above the
ground may not exceed 8 feet in diameter.
(c) Notwithstanding anything to the contrary, wireless communications facilities and related equipment shall
not be installed on antenna support structures in residential zoning districts, unless a conditional use permit is
obtained from the city.
(d) Wireless communications facilities located on antenna support structures, and their related equipment
cabinets, shall be located or screened to minimize the visual impact of such facilities and equipment cabinets upon
adjacent properties. Any such screening shall be of a material and color that matches the exterior of the building or
structure upon which it is situated. Wireless communications facilities and related equipment cabinets shall be of a
stealth design, and shall have an exterior finish and/or design as approved by the city.
(10) Application to locate wireless communications facility on antenna support structure.
(a) An application for a wireless communications permit to locate or re-locate a wireless communications
facility on an antenna support structure must be submitted to the Zoning Administrator on the designated form and
shall, at a minimum, contain the following:
1. Name, address and telephone number of the applicant;
2. Location of the antenna support structure, along with the property owner’s name and telephone number;
3. Number of applicant’s wireless communications facilities to be located on the subject property;
4. A sworn and certified statement in writing by a qualified engineer that the wireless communications
facility will conform to any and all requirements and standards set forth in the city code, and federal and state law;
5. An application fee in an amount set by the Council for each wireless communications facility listed on the
application;
6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or
operation of a wireless communications system in the city;
7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications
facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless
City of Columbia Heights – Ordinance 1711 Page 59
communications facility and the rooftop and building, topography, a current survey, landscape plans, and any other
information deemed by the city to be necessary to assess compliance with this division and the land use and
development regulations;
8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are
either within the jurisdiction of the city or within one mile of the city limits, including specific information about the
location, height, and design of each wireless communications facility or tower;
9. A certification that the applicant will comply with all applicable federal, state or local laws including all the
provisions of this division and the land use and development regulations; and
10. A certification that the site described in the application is located on an existing antenna support
structure and the owner/operator agrees to the location or co-location of the subject wireless communications
facility.
(b) An application for a wireless communications permit to locate or re-locate a wireless communications
facility that proposes to co-locate said facility on an antenna support structure and that satisfies the requirements
set forth in this division, shall receive expedited treatment in the review process.
(c) So as to further expedite the permitting process and to promote the efficient use of existing sites, the city
encourages the users of antenna support structures to submit a single application for approval of multiple users on a
single existing site. Applications for approval at multiple user sites shall be given priority in the review process. The
fee to be submitted with a multiple user application shall be the fee described in this division multiplied by the
number of users listed in such application.
(d) An applicant must submit a proposed stealth design for camouflaging its wireless communications facility,
unless this requirement is preempted by the operation of applicable laws or regulations.
(e) A petitioner shall submit any additional information requested by the city for purposes of evaluating the
permit request.
(f) In granting or denying a wireless communications permit to locate or re-locate a wireless communications
facility on an antenna support structure, the Zoning Administrator shall prepare a written record of decision
including findings of fact.
(11) Utility pole-mounted wireless communications facilities.
(a) Utility pole-mounted wireless communications facilities may be permitted as accessory uses in all zoning
districts if the provider uses pico cell equipment. Such facilities shall only be permitted in public rights-of-way that
are at least 100 feet in width. To the greatest practical extent, utility pole- mounted wireless communications
facilities shall be sited where they are concealed from public view by other objects such as trees or buildings. When
it is necessary to site such a facility in public view, to the greatest practical extent it shall be designed to limit visual
impact on surrounding land uses, which design must be approved by the city.
(b) The height of a utility pole-mounted facility shall not exceed two feet above the pole structure.
(c) Equipment cabinets associated with utility pole-mounted wireless communications facilities which are
located within the public right-of-way shall be of a scale and design that make them no more visually obtrusive than
other types of utility equipment boxes normally located within the right- of-way and shall be located in a manner
and location approved by the city. To the greatest practical extent, equipment cabinets associated with utility pole-
City of Columbia Heights – Ordinance 1711 Page 60
mounted facilities which are located outside of the public right-of-way shall be concealed from public view or shall
be architecturally designed using stealth technology or buffered to be compatible with surrounding land uses, except
that such shelters located in residential zoning districts must be screened from the view of residents and
pedestrians.
(d) Equipment cabinets associated with utility pole-mounted wireless communications facilities which are
located outside the public right-of-way shall meet the setback requirements for accessory buildings and structures
for the zoning district in which the equipment cabinet is located.
(e) Generators associated with equipment shelters must meet with the requirements of the city code.
(12) Application for utility pole-mounted wireless communications facility.
(a) An application for a wireless communications permit to locate or re-locate a utility pole-mounted wireless
communications facility must be submitted to the Zoning Administrator on the designated form and shall, at a
minimum, contain the following:
1. Name, address and telephone number of the applicant;
2. Location of the utility pole-mount, along with the property owner’s name and telephone number;
3. Number of applicant’s wireless communications facilities to be located on the subject property;
4. A sworn and certified statement in writing by a qualified engineer that the wireless communications
facility will conform to any and all requirements and standards set forth in the city code, and federal and state law;
5. An application fee in the amount set by the Council for each wireless communications facility listed on the
application;
6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or
operation of a wireless communications system in the city;
7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications
facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless
communications facility and utility pole-mount, topography, a current survey, landscape plans, and any other
information deemed by the city to be necessary to assess compliance with this division and the land use and
development regulations;
8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are
either within the jurisdiction of the city or within one mile of the city limits, including specific information about the
location, height, and design of each wireless communications facility or tower;
9. A certification that the applicant will comply with all applicable federal, state or local laws including all the
provisions of this division and the land use and development regulations; and
10. A certification that the site described in the application is located on a utility pole- mount and the
owner/operator agrees to the location of the wireless communications facility.
(b) An application for a wireless communications permit to locate or re-locate a wireless communications
facility that proposes to co-locate said facility on an already existing utility pole-mount and that satisfies the
requirements set forth in this division, shall receive expedited treatment in the review process.
City of Columbia Heights – Ordinance 1711 Page 61
(c) A petitioner shall submit any additional information requested by the city for purposes of evaluating the
permit request.
(d) In granting or denying a wireless communications permit to locate or re-locate a utility pole-mounted
wireless communications facility, the Zoning Administrator shall prepare a written record of decision including
findings of fact.
(13) Construction of new towers.
(a) Conditions of approval for wireless communications towers.
1. Setback.
a. The distance between the base of any proposed wireless communications tower, measured from the
center of a tower, and the nearest lot line shall be at least equal to the height of the tower, provided that this
distance may be reduced to a specified amount if an applicant provides a certification from the tower manufacturer
or a qualified engineer stating that the tower is designed and constructed in such a way as to crumple, bend,
collapse or otherwise fall within the specified distance.
b. In no event shall the distance between the base of a proposed wireless communications tower,
measured from the center of the tower, and the nearest lot line be less than 20% of the tower height.
2. Structural requirements. All wireless communications tower designs must be certified by a qualified
engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must
state the tower design is structurally sound and, at a minimum, in conformance with the city’s building code, the
State Building Code, and any other standards outlined in the land use and development regulations, as amended
from time to time.
3. Height. The height of permitted wireless communications towers shall be as specified in division (O)(5).
(b) Requirements for separation between towers.
1. Except for wireless communications facilities located on roof-tops or utility pole- mounted facilities, the
minimum wireless communications tower separation distance shall be calculated and applied irrespective of
jurisdictional boundaries.
2. Measurement of wireless communications tower separation distances for the purpose of compliance with
this division shall be measured from the base of a wireless communications tower to the base of the existing or
approved wireless communications tower.
3. Proposed towers must meet the following minimum separation requirements from existing towers or towers
previously approved but not yet constructed at the time a development permit is granted pursuant to this division:
MINIMUM TOWER SEPARATION DISTANCE
Height of Existing Tower Height of Proposed Tower Minimum Separation
MINIMUM TOWER SEPARATION DISTANCE
Height of Existing Tower Height of Proposed Tower Minimum Separation
Less than 50 feet Less than 50 feet 100 feet
City of Columbia Heights – Ordinance 1711 Page 62
50–100 feet 200 feet
101–150 feet 400 feet
151–200 feet 800 feet
50–100 feet
Less than 50 feet 100 feet
50–100 feet 400 feet
101–150 feet 600 feet
151–200 feet 800 feet
101–150 feet
Less than 50 feet 100 feet
50–100 feet 400 feet
101–150 feet 600 feet
151–200 feet 800 feet
151–200 feet
Less than 50 feet 100 feet
50–100 feet 600 feet
101–150 feet 800 feet
151–200 feet 1,000 feet
4. For the purpose of this subsection, the separation distances shall be measured by drawing or following a
straight line between the center of the base of the existing or approved structure and the center of the proposed
base, pursuant to a site plan of the proposed wireless communications tower.
(c) Standards for co-location. This subsection is designed to foster shared use of wireless communications
towers.
1. Construction of excess capacity. Any owner of a wireless communications tower shall permit other
providers to install or co-locate antennae or wireless communications facilities on such towers, if available space and
structural capacity exists; provided, however, that no wireless communications tower shall be used to support
wireless communications facilities for more than three separate providers. Any co-location of wireless
communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the
parties. All new wireless communications towers shall be constructed with excess capacity for co-location as follows:
Less than 80 feet in height One additional user
80 feet to 119 feet in height Two or more additional users (up to a maximum of three users)
120 feet in height or greater Three additional users
City of Columbia Heights – Ordinance 1711 Page 63
2. Notwithstanding anything to the contrary, all new monopole towers over 80 feet in height and existing
monopole towers that are extended to a height over 80 feet shall be designed and built to accommodate at least
two providers, and up to a maximum of three providers if technically possible.
3. Notwithstanding anything to the contrary, all new guyed towers, and existing guyed towers that are
replaced or modified shall be designed and built to accommodate three providers.
4. Site area. The site or leased footprint shall contain sufficient square footage to accommodate the
equipment/mechanical facilities for all proposed providers based upon the structural capacity of the tower.
5. Setbacks. If it is determined that a proposed wireless communications tower cannot meet setback
requirements due to increases in tower height to accommodate the co-location of at least one additional wireless
communications service provider, minimum setback requirements may be reduced by a maximum of 15 feet, unless
such a reduction would decrease the distance between the base of the tower and the nearest lot line to less than
20% of the tower height, in which case set-back requirements may be reduced to a distance that is equal to or
greater than 20% of the tower height.
(d) Tower design and type.
1. All proposed wireless communications towers shall be monopole towers or stealth towers. Self-supporting
towers or guyed lattice towers shall only be permitted as a replacement of like structures.
2. Utility pole-mounted facilities or extensions on utility poles to accommodate the mounting of wireless
communications facilities shall be of the monopole type.
3. Antennas shall be of the uni-cell variety whenever feasible or mounted internal to the wireless
communications tower structure.
4. Stealth wireless communications towers, equipment cabinets and related facilities shall be required in all
zoning districts.
(e) Landscaping minimum requirements. Wireless communications towers shall be landscaped with a buffer of
plant materials that effectively screens the view of the tower compound from surrounding property. The standard
buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. Existing
mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases,
such as wireless communications towers sited on large, wooded lots, natural growth around the property perimeter
may be a sufficient buffer. All areas disturbed during project construction shall be replanted with vegetation. The
owner of a wireless communications tower is responsible for all landscaping obligations and costs. A landscaping
plan for the purpose of screening the base of the tower from view shall be submitted to the Zoning Administrator for
approval prior to the issuance of a building permit for the tower. The city may waive the enforcement of this
condition if it is deemed unnecessary.
(f) Visual impact standards. To assess the compatibility with and impact on adjacent properties of a proposed
wireless communications tower site, an applicant seeking to construct, relocate or modify a wireless
communications tower may be required to submit a visual impact analysis. The requirements of this subsection shall
be required for any application to construct a tower greater than 80 feet in height. The applicant may request a
review of a proposed wireless communications tower location, prior to submission of an application, to determine
whether or not a visual impact analysis will be required. The applicant shall be advised of the requirement to submit
City of Columbia Heights – Ordinance 1711 Page 64
a visual impact analysis by the city within ten working days following the city’s receipt of the applicant’s application
for construction of a new wireless communication tower or the relocation or modification of an existing tower.
1. Whenever a visual impact analysis is required, an applicant shall utilize digital imaging technology to
prepare the analysis in a manner acceptable to the city. At a minimum, a visual impact analysis must provide the
following information:
a. The location of the proposed wireless communications tower illustrated upon an aerial photograph at a
scale of not more than one inch equals 300 feet (1 inch = 300 feet). All adjacent zoning districts within a 3,000-foot
radius from all property lines of the proposed wireless communications tower site shall be indicated; and
b. A line of site analysis which shall include the following information:
i. Certification that the proposed wireless communications tower meets or exceeds standards contained
in this division;
ii. Identification of all significant existing natural and manmade features adjacent to the proposed
wireless communications tower site and identification of features which may provide buffering and screening for
adjacent properties and public rights-of-way;
iii. Identification of at least three specific points within a 2,000-foot radius of the proposed wireless
communications tower location, subject to approval by the Zoning Administrator, for conducting the visual impact
analysis;
iv. Copies of all calculations and a description of the methodology used in selecting the points of view and
collection of data submitted in the analysis;
v. Graphic illustration of the visual impact of the proposed wireless communications tower, at a scale that
does not exceed five degrees of horizontal distance, presented from the specific identified points;
vi. Identification of all screening and buffering materials under the permanent control of the applicant
(only screening and buffering materials located within the boundaries of the proposed site shall be considered for
the visual impact analysis); and
vii. Identification of all screening and buffering materials that are not under the permanent control of the
applicant but are considered of a permanent nature due to ownership or use patterns, such as a public park,
vegetation preserve, required development buffer, and the like.
2. Screening and buffering materials considered in the visual impact analysis shall not be removed by future
development on the site. However, screening and buffering materials considered in the visual impact analysis shall
be replaced if they die.
3. An applicant shall provide any additional information that may be required by the Zoning Administrator to
fully review and evaluate the potential impact of the proposed wireless communications tower.
(14) Application process for new towers.
(a) The use of existing structures to locate wireless communications facilities shall be preferred to the
construction of new wireless communications towers. To be eligible to construct a new wireless communications
tower within city limits, an applicant must establish to the satisfaction of the city that the applicant is unable to
provide the service sought by the applicant from available sites, including co-locations within the city and in
City of Columbia Heights – Ordinance 1711 Page 65
neighboring jurisdictions; and the applicant must demonstrate to the reasonable satisfaction of the city that no
other suitable existing tower or antenna support structure is available, including utility poles; and that no reasonable
alternative technology exists that can accommodate the applicant’s wireless communications facility due to one or
more of the following factors:
1. The structure provides insufficient height to allow the applicant’s facility to function reasonably in parity
with similar facilities;
2. The structure provides insufficient structural strength to support the applicant’s wireless communications
facility;
3. The structure provides insufficient space to allow the applicant’s wireless communications facility to
function effectively and reasonably in parity with similar equipment;
4. Use of the existing structure would result in electromagnetic interference that cannot reasonably be
corrected;
5. The existing structure is unavailable for lease under a reasonable leasing agreement;
6. Use of the structure would create a greater visual impact on surrounding land uses than the proposed
alternative or otherwise would be less in keeping with the goals, objectives, intent, preferences, purposes, criteria or
standards of this division, the land use and development regulations and land development regulations; and/or
7. Other limiting factors.
(b) An applicant must submit any technical information requested by the city or its designated engineering
consultant as part of the review and evaluation process.
(c) An application for a wireless communications permit to construct a wireless communications tower must
be submitted to the Zoning Administrator on the designated form and shall contain, at a minimum, the following
information:
1. Name, address and telephone number of the applicant;
2. Proposed location of the wireless communications tower, along with all studies, maps and other
information required by division (O)(13) and (14) (applicant shall submit information for only one proposed tower
per application);
3. Number of applicant’s wireless communications facilities to be located on the subject tower and the
number of spaces available for co-location;
4. A sworn and certified statement in writing by a qualified engineer that the wireless communications tower
will conform to all requirements set forth in the city code, and federal and state law;
5. An application fee in the amount set by the Council;
6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or
operation of a wireless communications system in the city;
7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications
tower, on-site land uses and zoning, elevation and stealth design drawings of the proposed tower, topography, and
City of Columbia Heights – Ordinance 1711 Page 66
any other information deemed by the Zoning Administrator to be necessary to assess compliance with this division
and the land use and development regulations;
8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are
either within the jurisdiction of the city or within one mile of the city limits, including specific information about the
location, height, and design of each wireless communications facility or tower;
9. The names, addresses and telephone numbers of all owners of existing towers or antenna support
structures within an area equal to 100% of the search ring for the wireless communications facility proposed to be
located on the proposed new tower;
10. Written documentation in the form of an affidavit that the applicant made diligent, but unsuccessful
efforts for permission to install or co-locate the proposed wireless communications facility on all existing towers or
antenna support structures located within an area equal to 100% of the search ring for the proposed site of the
wireless communications facility;
11. Written, technical evidence from a qualified engineer that the proposed wireless communications facility
cannot be installed or co-located on an existing tower or antenna support structure located within the city and must
be located at the proposed site in order to meet the coverage requirements of the proposed wireless
communications service, together with a composite propagation study which illustrates graphically existing and
proposed coverage in industry-accepted median received signal ranges;
12. A written statement from a qualified engineer that the construction and placement of the proposed
wireless communications tower will comply with Federal Communications Commission radiation standards for
interference and safety and will produce no significant signal interference with public safety communications and
the usual and customary transmission or reception of radio, television, or other communications services enjoyed by
adjacent residential and non-residential properties; and
13. A certification that the applicant will comply with all applicable federal, state or local laws including all
the provisions of this division and the land use and development regulations.
(d) A proposed wireless communications tower that exceeds the height limitations for a permitted tower in
the GB, RB, CBD, I-1 or I-2 zoning districts, or any proposed wireless communications tower under 80 feet in the R-1,
R-2, R-3, R-4, or LB districts, shall only be allowed upon approval of a conditional use permit. The City Council may
establish any reasonable conditions for approval that are deemed necessary to mitigate adverse impacts associated
with the conditional use, to protect neighboring properties, and to achieve the objectives of this division and the
land use and development regulations. Such a conditional use permit shall be required in addition to a wireless
communications permit.
(e) In granting or denying a wireless communications permit to construct a wireless communications tower,
the Zoning Administrator shall prepare a written record of decision including findings of fact. Proposed wireless
communication towers that meet the standards and requirements contained herein, including location and height
limitations, may be approved administratively by the Zoning Administrator. Proposed wireless communication
towers that do not meet the standards and requirements contained herein, including location and height limitations,
may be denied administratively by the Zoning Administrator, provided that the written record of decision including
findings of fact is accepted by the Council.
(15) Annual registration requirement.
City of Columbia Heights – Ordinance 1711 Page 67
(a) Wireless communications facilities.
1. To enable the city to keep accurate, up-to-date records of the location of wireless communications
facilities within city limits, on an annual basis, no later than February 1 of each year, or upon change in ownership of
wireless communications facilities, the owner/operator of such facilities shall submit documentation to the Zoning
Administrator providing:
a. Certification in writing that the wireless communications facility conforms to the requirements, in effect
at the time of construction of the facility, of the State Building Code and all other requirements and standards set
forth in the city code, and federal and state law by filing a sworn and certified statement by a qualified engineer to
that effect. A wireless communications facility owner/operator may be required by the city to submit more frequent
certification should there be reason to believe that the structural and/or electrical integrity of the wireless
communications facility is jeopardized. The city reserves the right upon reasonable notice to the owner/operator of
the wireless communications facility to conduct inspections for the purpose of determining whether the wireless
communications facility complies with the State Building Code and all requirements and standards set forth in local,
state or federal laws; and
b. The name, address and telephone number of any new owner, if there has been a change of ownership of
the wireless communications facility.
2. Annual payment of a registration fee, as set by the Council, for each wireless communications facility
located within the city shall be submitted to the city at the time of submission of the documentation required above.
(b) Wireless communications towers.
1. To enable the city to keep accurate, up-to-date records of the location and continued use of wireless
communications towers within city limits, on an annual basis, no later than February 1 of each year, or upon change
in ownership of a wireless communications tower, the owner/operator of each tower shall submit documentation to
the Zoning Administrator providing:
a. Certification in writing that the wireless communications tower is structurally sound and conforms to the
requirements, in effect at the time of construction of the tower, of the State Building Code and all applicable
standards and requirements set forth in the city code, and federal and state law, by filing a sworn and certified
statement by a qualified engineer to that effect. The tower owner may be required by city to submit more frequent
certifications should there be reason to believe that the structural and/or electrical integrity of the tower is
jeopardized;
b. The number of providers located on the tower and their names, addresses and telephone numbers;
c. The type and use of any wireless communications facilities located on the tower; and
d. The name, address and telephone number of any new owner of the tower, if there has been a change of
ownership of the tower.
2. An annual payment of a registration fee, as set by the Council, for each tower located within the city shall
be submitted to the city at the time of submission of the documentation required above.
(16) General requirements. The following conditions apply to all wireless communications towers and wireless
communications facilities in the city:
City of Columbia Heights – Ordinance 1711 Page 68
(a) Duration of permits. If substantial construction or installation has not taken place within one year after city
approval of a wireless communications permit, the approval shall be considered void unless a petition for time
extension has been granted by the City Council. Such a petition shall be submitted in writing at least 30 days prior to
the expiration of the approval and shall state facts showing a good faith effort to complete the work permitted
under the original permit.
(b) Assignment and subleasing. No wireless communications facility, tower or antenna support structure or
wireless communications permit may be sold, transferred or assigned without prior notification to the city. No
sublease shall be entered into by any provider until the sublessee has obtained a permit for the subject wireless
communications facility or tower or antenna support structure. No potential provider shall be allowed to argue that
a permit should be issued for an assigned or subleased wireless communications facility or tower or antenna support
structure on the basis of any expense incurred in relation to the facility or site.
(c) Aesthetics. Wireless communications towers and wireless communications facilities shall meet the
following requirements:
1. Signs. No commercial signs or advertising shall be allowed on a wireless communications tower or a
wireless communications facility.
2. Lighting. No signals, lights, or illumination shall be permitted on a wireless communications tower or a
wireless communications facility, unless required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and design chosen must cause the least obtrusiveness to
the surrounding community. However, an applicant shall obtain approval from the city if the Federal Aviation
Administration requires the addition of standard obstruction marking and lighting (i.e., red lighting and orange and
white striping) to the tower. An applicant shall notify the Zoning Administrator prior to making any changes to the
original finish of the tower.
3. Graffiti. Any graffiti or other unauthorized inscribed materials shall be removed promptly or otherwise
covered in a manner substantially similar to, and consistent, with the original exterior finish. The city may provide a
wireless communications tower or equipment cabinet owner and/or operator written notice to remove or cover
graffiti within a specific period of time or as required by other appropriate sections of the city code as presently
existing or as may be periodically amended. In the event the graffiti has not been removed or painted over by the
owner and/or operator within the specified time period, the city shall have the right to remove or paint over the
graffiti or other inscribed materials. In the event the city has to remove or paint over the graffiti, then the owner
and/or operator of the wireless communications tower or equipment cabinet or structure on which the graffiti
existed, shall be responsible for all costs incurred.
(d) Federal and state requirements. All wireless communications towers and wireless communications facilities
must meet or exceed the standards and regulations of the Federal Aviation Administration, the Federal
Communications Commission, and any other agency of the state or federal government with the authority to
regulate wireless communications towers and facilities. If such standards and regulations change, then the owners of
the wireless communications towers and wireless communications facilities subject to such standards and
regulations must bring such towers and facilities into compliance with such revised standards and regulations within
six months of the effective date of such standards and regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure to maintain or bring wireless communications towers
and wireless communications facilities into compliance with such revised standards and regulations shall constitute a
violation of this division and shall be subject to enforcement under the city code. Penalties for violation may include
fines and removal of the tower or wireless communications facility at the owner’s expense.
City of Columbia Heights – Ordinance 1711 Page 69
(e) Licenses or franchise. An owner of a wireless communications tower or wireless communications facility
must notify the city in writing within 48 hours of any revocation or failure to renew any necessary license or
franchise.
(f) Discontinued use. In the event the use of a wireless communications tower or wireless communications
facility is discontinued, the owner and/or operator shall provide written notice to the city of its intent to discontinue
use and the date when the use shall be discontinued.
(g) Abandoned tower or antenna. The city may require removal of any abandoned or unused wireless
communications tower or wireless communications facility by the tower or facility owner within 30 days after notice
from the city of abandonment. A wireless communications tower or wireless communications facility shall be
considered abandoned if use has been discontinued for 180 consecutive days.
1. Removal by city. Where a wireless communications tower or wireless communications facility is
abandoned but not removed within the specified time frame, the city may remove the facility or remove or demolish
the tower and place a lien on the property following the procedures (but not the criteria) for demolition of an unsafe
building/structure of the city’s housing code.
2. Towers utilized for other purposes. Where a wireless communications tower is utilized for other purposes,
including but not limited to light standards and power poles, it shall not be considered abandoned; provided,
however, that the height of the tower may be reduced by the city so that the tower is no higher than necessary to
accommodate previously established uses.
3. Restoration of area. Where a wireless communications tower or facility is removed by an owner, said
owner, at no expense to the city, shall restore the area to as good a condition as prior to the placement of the tower
or facility, unless otherwise instructed by the city.
4. Surety or letter of credit for removal. Prior to the issuance of a building permit, a surety or letter of credit
shall be submitted by the property owners or tower operators to ensure the removal of abandoned wireless
communications towers. The surety or letter of credit shall be utilized to cover the cost of removal and disposal of
abandoned towers and shall consist of the following:
a. Submission of an estimate from a certified structural engineer indicating the cost to remove and dispose
of the tower; and
b. Either a surety or a letter of credit, equivalent to 100% of the estimated cost to remove and dispose of
the tower. The form of the surety or the letter of credit shall be subject to approval by the Zoning Administrator and
the City Attorney.
(h) FCC emissions standards. At all times, owners and/or operators of wireless communications facilities shall
comply with the radio frequency emissions standards of the Federal Communications Commission.
1. Testing required. All existing and future wireless communications facilities shall be tested in accordance
with applicable laws and regulations. Such testing, to the extent it is required, shall comply with standards and
procedures prescribed by the Federal Communications Commission.
2. Inspections. The city reserves the right to conduct random radio frequency emissions inspections. The cost
for such random inspections shall be paid from the wireless communications annual registration fees, unless an
owner and/or operator is found to be in noncompliance with Federal Communications Commission RF emissions
City of Columbia Heights – Ordinance 1711 Page 70
standards, whereupon the noncompliant owner and/or operator shall reimburse the city in full for the cost of the
inspection.
(i) Maintenance. All wireless communications facilities, wireless communications towers and antenna support
structures shall at all times be kept and maintained in good condition, order, and repair, and, maintained in stealth
condition (if stealth or camouflage is a permit requirement). The same shall not menace or endanger the life or
property of any person, and shall retain original characteristics. All maintenance or construction on a wireless
communications tower, wireless communications facility or antenna support structure shall be performed by
licensed maintenance and construction personnel. The city shall notify a provider in writing regarding any specific
maintenance required under this division. A provider shall make all necessary repairs within 30 days of such
notification. Failure to effect noticed repairs within 30 days may result in revocation of a tower owner’s or provider’s
permit and/or removal of the tower, wireless communications facility or antenna support structure.
(j) Emergency. The city reserves the right to enter upon and disconnect, dismantle or otherwise remove any
wireless communications tower or wireless communications facility should the same become an immediate hazard
to the safety of persons or property due to emergency circumstances, as determined by the Zoning Administrator or
his designee, such as natural or manmade disasters or accidents, when the owner of any such tower or facility is not
available to immediately remedy the hazard. The city shall notify any said owner of any such action within 24 hours.
The owner and/or operator shall reimburse the city for the costs incurred by the city for action taken pursuant to
this subsection.
(k) Equipment cabinets. Equipment cabinets located on the ground shall be constructed out of non-reflective
materials and shall be screened from sight by mature landscaping and located or designed to minimize their
visibility. All equipment cabinets shall be no taller than ten feet in height, measured from the original grade at the
base of the facility to the top of the structure, and occupy no more than 400 square feet in area, unless a waiver is
granted by the city upon written request from a provider.
(l) Equipment on site. No mobile or immobile equipment or materials of any nature shall be stored or parked
on the site of a wireless communications tower or wireless communications facility, unless used in direct support of
a wireless communications tower or wireless communications facility or for repairs to the wireless communications
tower or wireless communications facility currently underway.
(m) Inspections. The city reserves the right upon reasonable notice to the owner/operator of a wireless
communications tower or antenna support structure, including utility poles and rooftops, to conduct inspections for
the purpose of determining whether the tower or other support structure and/or related equipment cabinet
complies with the State Building Code and all applicable requirements and standards set forth in local, state or
federal law and to conduct radiation measurements to determine whether all antenna and transmitting equipment
are operating within Federal Communications Commission requirements.
(n) Security.
1. An owner/operator of a wireless communications tower shall provide a security fence or equally effective
barrier around the tower base or along the perimeter of the wireless communications tower compound.
2. If high voltage is necessary for the operation of the wireless communications tower or antenna support
structure, “HIGH VOLTAGE - DANGER” warnings signs shall be permanently attached to the fence or barrier and shall
be spaced no more than 20 feet apart, or on each fence or barrier frontage.
City of Columbia Heights – Ordinance 1711 Page 71
3. “NO TRESPASSING” warning signs shall be permanently attached to the fence or barrier and shall be
spaced no more than 20 feet apart.
4. The letters for the “HIGH VOLTAGE - DANGER” and “NO TRESPASSING” warning signs shall be at least six
inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least
4.5 feet above the finished grade of the fence or barrier.
(o) Advances in technology. All providers shall use and apply any readily available advances in technology that
lessen the negative aesthetic effects of wireless communications facilities and wireless communications towers to
the residential communities within the city. Every five years, the city may review existing structures and compare the
visual impact with available technologies in the industry for the purpose of removal, relocation or alteration of these
structures in keeping with the general intent of this division. Such removal, relocation or alteration may be required
by the city pursuant to its zoning power and authority.
(17) Review of applications. The city shall process all applications for wireless communications towers and
wireless communications facilities in a timely manner and in accordance with established procedures. The reason for
the denial of any application filed in accordance with this provision shall be set forth in writing, and shall be
supported by substantial evidence in a written record.
(18) Appeals. At any time within 30 days after a written order, requirement, determination or final decision has
been made by the Zoning Administrator or other official in interpreting or applying this division, except for actions
taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such
action may appeal the decision in accordance with the provisions of the land use and development regulations.
(19) Revocation. A material breach of any terms and conditions of a permit issued for a wireless
communications tower or wireless communications facility under this division and the land use and development
regulations may result in the revocation by the city of the right to operate, utilize or maintain the particular tower or
wireless communications facility within the city following written notification of the violation to the owner or
operator, and after failure to cure or otherwise correct said violation within 30 days. A violation of this division shall
be subject to enforcement in accordance with the land use and development regulations. Penalties for a violation of
a permit or this division may include fines and removal of the wireless communications tower or wireless
communications facility at the owner’s expense.
(Ord. 1424, passed 12-11-00)
(P) Sign regulations.
(1) Purpose. The purpose of this division is to allow effective signage appropriate to the character of each zoning
district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse
impacts on nearby property and protect the public health, safety and general welfare.
(2) Application. The sign regulations set forth in this division shall apply to all structures and all land uses, except
as otherwise prohibited by this article. All signs allowed by this division shall be limited to on-premise signs.
(3) Permits.
(a) Permit required. It shall be unlawful for any person to erect, build, construct, attach, hang, place, suspend,
affix, structurally alter, or relocate any sign within the city without having first obtained a permit from the city unless
herein excluded.
City of Columbia Heights – Ordinance 1711 Page 72
(b) Application for sign permit. An application for a sign permit shall be filed with the Zoning Administrator on
the approved form and shall be accompanied by such information as may be required to ensure compliance with the
provisions of this division, including but not limited to, the following:
1. A drawing showing the proposed location of the sign for which the permit is being requested and the
location of all existing signage on the premises.
2. A drawing indicating the size, color, content and materials of the sign, as well as the method of
construction and attachment to the building or to the ground.
3. Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any
direction, in the amount required within this division, when specifically requested by the Zoning Administrator.
(c) Application fee. Fees for all sign permits shall be established by resolution of the City Council.
(d) Issuance of permit. Upon the filing of a completed application for a sign permit, the Zoning Administrator
shall examine all accompanying drawing and supplemental data to determine compliance with the requirements of
this division. Upon approval, the sign permit shall remain valid for a period of one year. If no work has commenced
within such time period, a new permit shall be required even if no changes have been made to the original site plan.
(e) Exemptions. The following changes shall not require a sign permit. These exceptions shall not be construed
as relieving the owner of the sign from the responsibility for its proper erection and maintenance and its compliance
with the provisions of this article or any other law or ordinance regulating the same.
1. The changing of the advertising copy or message of a painted or printed sign. Except for theater marquees
and changeable copy signs specifically designed for the use of replaceable copy, electric signs shall not be included in
this exception.
2. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or
message thereon, unless a structural change is made.
(4) General sign standards.
(a) Construction requirements. All signs shall be constructed and maintained in such a manner so as to present
a professional appearance and maintained in accordance with the applicable provisions of the Uniform Building and
Electrical Codes. The site on which the sign is constructed shall utilize existing finished grade, and shall not be raised,
bermed, or otherwise elevated above surrounding grade to achieve a greater height than allowed by this article.
(b) Maintenance. All signs, including temporary signs, together with all of their supports, braces, guys, and
anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be
kept neatly painted or posted. Every sign and the immediate surrounding premises shall be maintained by the owner
or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious
substances, rubbish and weeds.
(c) Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning
Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed by him is
hereby authorized to enter upon any property or premises to ascertain whether the provisions of this division are
being obeyed.
(5) Exempt signs. In all districts, the provisions of this section shall not apply to the following signs:
City of Columbia Heights – Ordinance 1711 Page 73
(a) Signs of any governmental unit designed for regulatory and safety purposes;
(b) Memorial plaques, cornerstones and historical tablets;
(c) Political signs regulated per state statute;
(d) Direction signs not more than two in number identifying the location and nature of a building, structure, or
use which is not readily visible from the street, serving such building, structure, or use on lands forming part of the
site of such buildings, structure, or uses, provided that each such sign is not more than ten square feet in total area;
(e) Signs not exceeding nine square feet in area located upon private property and directed toward the
prevention of trespassing;
(f) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and
governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not
be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within
three days thereafter;
(g) Flags or emblems of political, civic, philanthropic, educational or religious organizations;
(h) In residential districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or
rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six feet in height
and 15 square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a
second street right-of-way. No such temporary on-site sign shall remain seven days past the date of termination of
such offering.
(i) In commercial or industrial districts, one temporary on-site, freestanding real estate sign advertising the
sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six
feet in height and 32 square feet in area. On corner lots, a second such sign may be located on the property if said
sign abuts a second street right-of-way. No such temporary on-site sign shall remain seven days past the date of
termination of such offering.
(j) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of homes for
sale within a project along each street frontage which bounds such subdivision or project, provided that the total
area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or eight
square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot
within the subdivision or the last house within the housing project.
(k) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the
names of the contractors, subcontractors and professional advisors, provided the combined area of such signs
fronting upon each street which abounds such project shall not exceed a ratio of two square feet of sign area for
each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed
the greater of 64 square feet with no single dimension in excess of 16 or eight square feet per house or lot on which
such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the
duration of the said construction or demolition project, at which time such signs shall be removed.
(l) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building.
(m) In commercial or industrial districts, one temporary on-site banner or pennant advertising the sale of the
lot or premises on which such a banner or pennant is situated, or one temporary on-site banner or pennant
City of Columbia Heights – Ordinance 1711 Page 74
advertising the lease or rental of a tenant space, provided that the banner or pennant shall not exceed 48 square
feet in area when advertising the sale of the lot or premises, and 32 square feet in area when advertising the lease
or rental of a tenant space. No such banner or pennant shall remain past the date of the offering.
(n) Public art shall not count towards any signage regulations and only the portion of the artwork displaying
the name of the business shall count towards the overall signage area.
(6) Prohibited signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts
unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains
the community’s unique historical and cultural elements. Without restricting or limiting the generality of the
provisions of the foregoing, the following signs are specifically prohibited:
(a) A balcony sign and a sign mounted or supported on a balcony.
(b) Any sign that obstructs any part of a doorway or fire escape.
(c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard
because it obstructs free and clear vision, or interrupts, confuses or misleads traffic.
(d) A private sign containing words or symbols, which might reasonably be construed as traffic controls.
(e) An animated or rotating sign, except barber poles and signs displaying time and temperature information
only in the animated or rotating portion thereof.
(f) A flashing sign, including indoor flashing, electrical signs visible from the public right- of-way, other than
time and temperature signs limited to such time and temperature information.
(g) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature.
(h) A projecting sign which either extends more than 18 inches from the building or structure to which it is
attached, or which is larger than three feet in vertical height, other than canopy or marquee signs.
(i) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted
or printed on, the exterior or structural supports of the sign.
(j) Any sign that is erected, placed or maintained by any person on a rock, fence, or trees.
(k) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph
wires, or the supports thereof.
(l) Any sign containing electrical wiring which does not conform to the Electrical Code or the components
thereof do not bear the label of an approved testing agency.
(m) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional
real estate signs, garage sale signs, and any listed in division (P)(5).
(n) Variable electronic message signs.
(o) If a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may
be located on the side of the building that faces the abutting residential parcel.
City of Columbia Heights – Ordinance 1711 Page 75
(7) Temporary signs. The following standards shall apply to temporary signs in all zoning districts, as defined in
the Sign Design Standards Table:
(a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City
of Columbia Heights. Signs not considered permanent shall be considered temporary and may not be used as
permanent wall signage for the business.
(b) No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare, and
may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times.
(c) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire
escape, nor shall such sign be attached to any standpipe or fire escape.
(d) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein.
(8) Sign Design Standards Table. Any applicable signage allowed in Residential (R-1, R-2A, R-2B, R-3, R-4), Limited
Business (LB), General Business (GB), Central Business District (CBD), Industrial (I-1 and I-2), and Public and Open
Space (PO) shall follow the standards set forth in the design standards table described below:
9.106 Sign
Design
Standards
Tables
Zoning Districts
Residential
(R1, R-2A, R-
2B, R-3, R-4)
Limited Business
(LB)
General Business
(GB)
Central Business
(CBD)
Industrial (I-1, I-
2)
Public and Open
Space (PO)
Temp. Signs Not Permitted Permitted
Max. Area N/A 48 Sq. Ft. 32 Sq. Ft. 48 Sq. Ft.
Duration &
Quantity
Four (4) per year; limited to a 30-day period; no more than two temporary signs per business displayed at any time; if
located within a shopping center, no more than four temporary signs may be displayed total.
Grand
Opening Signs Permitted (no permit required)
Max. Area 50 Sq. Ft.
Duration One sign for a max. of 60 consecutive days
Sandwich
Board Signs Not Permitted Permitted (no permit required) Not Permitted
Max. Area
N/A
8 Sq. Ft. per side
N/A Max. Height 5 Feet
Setbacks 5 Feet 5 Feet
Dynamic LED
Signage Conditional Use (Requires a Conditional Use Permit and only allowed on monument signs)
Conditional Use
(allowed on
existing pylon
signs)
Max. Area No more than 60% of the copy and graphic sign area.
Frequency of
Message
Change
One message
per 10 minutes
of display time
One message per 10
minutes of display
time for religious
One message change for each 10 seconds of display time
for commercial.
One message per
10 minutes of
display time used
City of Columbia Heights – Ordinance 1711 Page 76
for religious
and
educational
uses.
and educational
uses. One message
change for each 10
seconds of display
time for commercial.
in conjunction
with a
government
facility.
Max.
illumination
5,000 nits (candelas per Sq. Ft.) during daylight;
500 nits between dusk to dawn measured from the sign face at maximum brightness.
Wall Signs Permitted
Max. Area 16 Sq. Ft.
2 Sq. Ft. per front
foot of the building;
not to exceed 50 Sq.
Ft.; if facing a public
alley, an additional
sign not to exceed 4
Sq. Ft. is allowed
2 Sq. Ft. per front
foot of the
building; not to
exceed 200 Sq.
Ft.; if facing a
public alley, an
additional sign
not to exceed 4
Sq. Ft. is allowed
2 Sq. Ft. per
front foot of the
building; not to
exceed 100 Sq.
Ft.; if facing a
public alley, an
additional sign
not to exceed 4
Sq. Ft. is allowed
2 Sq. Ft. per
front foot of the
building; not to
exceed 100 Sq.
Ft.
2 Sq. Ft. per front
foot of the
building; not to
exceed 200 Sq. Ft
Max. Height Shall not extend above roof line
Setback N/A
Lighting
Source External or internal
Identification
Signs Permitted
Max. Area 2 Sq. Ft.
50 Sq. Ft. per surface
for area
identification signs
in shopping centers;
in addition to one
wall sign for each
business not to
exceed 50 Sq. Ft.
One identification
sign for each use
other than the
primary use not to
exceed 2 Sq. Ft.
100 Sq. Ft. per surface for area
identification signs in shopping
centers; in addition to one wall sign
for each business not to exceed 100
Sq. Ft.
One identification sign for each use
other than the primary use not to
exceed 2 Sq. Ft.
One
identification
sign for each use
other than the
primary use not
to exceed 2 Sq.
Ft.
Any number of
identification
signs limited to
40 Sq. Ft. per
service
Max. Height Shall not extend above roof line 10 Feet
Setbacks N/A 5 feet from any
property lines.
Lighting
Source External or internal
Pylon Sign Not Permitted Permitted Permitted Not Permitted Permitted Permitted
Maximum
Area N/A 40 Sq. Ft. 75 Sq. Ft. N/A 100 Sq. Ft.
Any number of
freestanding
identification
signs limited to
40 Sq. Ft. per
City of Columbia Heights – Ordinance 1711 Page 77
service
Maximum
Height
20 Feet above grade
at street level or the
base of the sign,
whichever is greater.
25 Feet above
the grade at
street level or at
the base of the
sign, whichever
is greater.
25 Feet above
the grade at
street level or at
the base of the
sign, whichever
is greater.
10 Feet
Setback
20 Feet from front lot line;
5 Feet from any building or structure on
the same lot
20 Feet from
front lot line; 5
Feet from any
building or
structure on the
same lot
5 feet from any
property lines.
Lighting
Source External or internal External or internal
Monument
Sign Not Permitted Permitted
Maximum
Area
N/A
40 Sq. Ft. 50 Sq. Ft.
Maximum
Height
8 Feet above grade at street level or at the base of the sign,
whichever is greater
10 Feet above
grade at street
level or at the
base of the sign,
whichever is
greater
10 Feet
Setback 5 Feet from all property lines and any buildings on the same lot
Lighting
Source External or internal
Institutional
Signs Permitted Not Permitted Permitted
Maximum
Area 40 sq. ft.
N/A
Any number of
freestanding
identification
signs limited to
40 Sq. Ft. per
service
Maximum
Height
Wall signs shall not extend above roof
line; pylon shall not extend beyond 25
feet; monument sign shall not exceed
10 feet.
10 Feet
Setback
10 feet from all property lines; if there
are multiple structures, a second
institutional sign may be installed if
there is 75 feet between the two signs.
5 feet from any
property lines.
Lighting
Source External or internal External or
Internal
Window Signs Permitted (exempt)
Maximum
Area No more than 25% of window area
City of Columbia Heights – Ordinance 1711 Page 78
(9) Dynamic LED signage.
(a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this
code. All dynamic LED signage is subject to the following conditions:
1. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices
only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more
than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have
dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face.
2. Changes necessary to correct hour-and-minute, date, or temperature information may change as
frequently as once every five seconds.
3. The images and messages displayed must be static, and the transition from one state display to another
must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic
LED sign displays.
4. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction
shall occur. The displays must also be equipped with a means to immediately discontinue the display if it
malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not
complying with the standards of this section.
5. LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after
sunrise.
6. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply
with the operational standards listed above. An existing dynamic LED sign that does not meet the structural
requirements may continue as a non-conforming sign subject to § 9.105(E).
(10) Signs in LB, Limited Business District.
(a) Restrictions on permitted signs. In the LB, Limited Business District, permitted signs are subject to the
following restrictions:
1. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway
and located 20 feet or more from the front lot line, not to exceed 40 square feet per surface, and limited to two
surfaces.
2. If not located adjacent to a state trunk highway and/or where the 20-foot setback cannot be met, one
monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a
minimum of 5 feet from any property line.
3. One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front
foot of a building or structure provided that the said sign is located on the same side of the building as an entrance
approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a
parking facility designated by the city as approved public parking.
City of Columbia Heights – Ordinance 1711 Page 79
(11) Signs in CBD, Central Business District.
(a) Permitted signs. In the CBD, Central Business District, permitted signs shall be subject to the following
restrictions:
(12) Signs in the GB, General Business District.
(a) Permitted signs. In the GB, General Business District, permitted signs shall be subject to the following
restrictions:
1. One freestanding pylon sign is allowed only if the building or structure is located adjacent to a state trunk
highway and located 20 feet or more from the front lot line, provided, however, that:
a. If the building contains more than 80,000 square feet of gross floor area or the site on which the building
is located contains more than 90,000 square feet of surface area;
b. If the street frontage of the site on which the building or structure is located exceeds 150 feet in length;
and
c. If the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk
highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a
location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any
adjoining parcel of and other than a street or alley.
2. One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front
foot of a building or structure provided that the said sign is located on the same side of the building as an entrance
approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a
parking facility designated by the city as approved public parking.
3. The maximum height of a monument sign, including its structures, shall not exceed eight feet above grade
at street level or at the base of the sign, whichever is greater, unless the monument sign is located in the
Design Overlay Highway District. In this case, the maximum height may be increased to ten feet above grade
at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or
equal to 22 feet in height.
(13) Signs in I-1 and I-2 Industrial Districts.
(a) Permitted signs. In the 1-1, Light Industrial District, and the I-2, General Industrial District, permitted signs
shall be subject to the following restrictions:
1. Billboards located adjacent to public streets with speed limits of 45 miles per hour or more, placed at a
minimum of 1,500-foot intervals, not to exceed 100 square feet per surface and limited to two surfaces.
(14) Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business
or industrial zones are limited to the maximum number and area for the actual use of the subject property.
(15) Minimum yard requirements–freestanding signs. The minimum front, side and rear yard requirements for
freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom
edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may extend
within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for
traffic visibility by this division.
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(Q) Erosion and sediment control.
(1) Purpose.
(a) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other
desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes.
(b) As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent
damage to the environment in the city. This division will also promote the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of any development or other activity that disturbs or
breaks the topsoil or results in the movement of earth on land in the city. This division is to be used in supplement to
the City Zoning Code, § 9.106 and to any other regulations as required by state agencies.
(2) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AS-BUILT PLANS. Record drawings of approved and as-constructed improvements.
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management
practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation
of surface water, including avoidance of impacts, construction phasing, minimizing the length of time soil areas are
exposed, prohibitions, and other management practices published by state or designated area-wide planning
agencies.
CLEARING. Any activity that removes the vegetative surface cover.
CONSERVATION EASEMENT. Legal land preservation agreement between a landowner and a municipality or a
qualified land protection organization. The easement confers the transfer of usage rights from one party to another.
CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the topography, or the existing
soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading,
filling and excavating.
CONTRACTOR. The party who signs the construction contract. Where the construction project involves more
than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set
forth in this division.
DEVELOPER. The party who signs the development agreement with the city to construct a project.
DEWATERING. The removal of water for construction activity. It can be a discharge of appropriated surface or
groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are
required to be appropriated, and if contaminated, may require other MPCA permits to be discharged.
EROSION. The wearing away of the ground surface as a result of movement of wind, water, ice and/or land
disturbance activities.
EROSION CONTROL. A measure that prevents erosion, including, but not limited to: soil stabilization practices,
limited grading, mulch, temporary or permanent cover, and construction phasing.
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EROSION CONTROL INSPECTOR. A designated agent given authority by the city to inspect and maintain erosion
and sediment control practices.
FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual
site development.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform (evenly
distributed, without large bare areas) perennial vegetative cover, with a density of 70% of approved vegetative
cover, for the area has been established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures have been employed.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the municipality for the construction
or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading.
Hereinafter referred to as GRADING PERMIT.
GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or under the direction of a
licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to
control grading, sediment and erosion on a development site during and after construction as detailed in the "Zoning
Ordinance" and City SWPPP.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the
soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to
development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete,
asphalt, or gravel roads.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the
movement of sediments into or upon waters or lands within the city’s jurisdiction, including, but not limited to,
clearing, grubbing, grading, excavating, transporting and filling.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying,
revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318,
402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-
laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asphalt, and concrete.
PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the
clearing of the next.
PUBLIC WATERWAY. Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies
of water delineated by the city or other state or federal agency.
PUBLIC WORKS DIRECTOR. A registered professional engineer with the State of Minnesota who has received
training and is given authority by the city to review, authorize, approve, inspect, and maintain erosion and sediment
control plans and practices.
ROUGH GRADE. Excavation or fill of material to a condition suitable for general maintenance.
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SEDIMENT. The product of an erosion process; solid material, both mineral and organic, that is in suspension, is
being transported, or has been moved by water, air, or ice, and has come to rest on the earth’s surface, either above
or below water level.
SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the site. Sediment
control practices may include, but are not limited to, silt fences, sediment traps, earth dikes, drainage swales, check
dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation
basins.
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified
operation.
STABILIZED. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod,
riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization.
STANDARD PLATES. General drawings having or showing similar characteristics or qualities that are
representative of a construction practice or activity.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land
preparation such as clearing, grading, excavation and filling.
STORM WATER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes precipitation runoff,
storm water runoff, snow melt runoff, and any other surface runoff and drainage.
STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP). A program for managing and reducing storm
water discharge that includes erosion prevention measures and sediment controls that, when implemented, will
decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution.
SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage
systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private.
TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of temporary cover include:
straw, wood fiber blanket, wood chips, and erosion netting.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain.
WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout the site.
WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F, and includes 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. Constructed wetlands designed
for wastewater treatment are not waters of the state.
ZONING ORDINANCE. City code detailing city specifications for all plan requirements.
(3) Permits.
(a) Approval. No person shall be granted a grading permit for land-disturbing activity that would require the
uncovering or distributing of material in excess of any of the following measurements without the approval of a
Grading, Erosion and Sediment Control, and Storm Water Management Plan by the city.
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1. Ten thousand square feet.
2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land.
3. Within 1,000 feet of a waterway.
(b) Exception. No grading permit is required for land disturbances under the amounts specified above, or for
the following activities:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural
resources.
2. General establishment of new construction lawns, or the addition of four or fewer inches of topsoil.
3. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(c) Application requirements.
1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any
consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm.
2. A filing fee and security as outlined by the city’s Zoning Ordinance and subdivision (d) below.
3. A Grading, Erosion and Sediment Control, and Storm Water Management Plan meeting the requirements
of this division. Each application shall include the required number of plans and other required materials as specified
on the application form.
4. The application form shall include a statement by the applicant that any land clearing, construction, or
development involving the movement of earth shall be in accordance with the approved Grading, Erosion and
Sediment Control, and Storm Water Management Plan.
(d) Security.
1. The permittee will be required to file with the city an irrevocable, automatically renewing letter of credit,
or other improvement security in the amount specified by the current city SWMDS for fee schedule.
a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping,
repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Such
deposit shall be provided prior to the release of the grading permit.
b. Deposit shall be released after final stabilization is complete, erosion control measures have been
removed, and their removal area inspected.
2. Individual lot developers shall be required to provide a bond with a building permit application.
a. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion
control measures. The bond will be in an amount as specified by the current city SWMDS for fee schedule.
b. The security shall be released after turf is established as specified in the City Zoning Ordinance.
(e) Procedure. The city will review each application for grading permit to determine its conformance with the
provisions of this regulation and other applicable requirements. The city requires complete application no less than
15 working days in advance of the desired grading permit date. Upon complete application, the city shall, in writing:
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1. Approve the permit application;
2. Approve the permit application, subject to such reasonable conditions as may be necessary to secure
substantially the objectives of this regulation, and issue the permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised
application and/or submission;
4. Appeals of denial of permit shall be processed in accordance with appeal to the City Zoning Ordinance.
(4) Grading, Erosion and Sediment Control, and Storm Water Management Plan requirements.
(a) Plan requirements. Grading, erosion control practices, sediment control practices, storm water
management practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and
Sediment Control, and Storm Water Management Plan, and shall be adequate to prevent transportation of sediment
from the site to the satisfaction of the city. No land shall be disturbed until the plan is approved by the Public Works
Director, and conforms to the standards set forth herein.
(b) The Grading, Erosion and Sediment Control, and Storm Water Management Plan shall comply with all of
the NPDES general construction storm water permit requirements and the city’s SWMDS for temporary erosion and
sediment control, waste control, final stabilization and permanent water quality.
(5) Construction requirements. Construction specifications, waterway and watercourse protections
requirements, and pollution prevention management measures shall comply, at a minimum, with all of the NPDES
general construction storm water permit requirements, in addition to the city’s SWMDS.
(6) Inspection. Notification, procedures, material requirements, permittee inspection, authorization, and record
keeping shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in
addition to the city’s SWMDS.
(7) Site maintenance. Responsibilities, maintenance requirements, and lapses regarding site maintenance shall
comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to
the city’s SWMDS.
(8) Final stabilization requirements. Final stabilization is not complete until the criteria laid out in the NPDES
general construction storm water permit and the city’s SWMDS are met.
(9) Post-construction storm water management. All post-construction storm water management plans must be
submitted to the Public Works Director prior to the start of construction activity. Standards for post-construction
storm water management shall be as follows:
(a) Specifications. At a minimum, applicants shall comply with all of the NPDES general construction storm
water permit requirements.
(b) Design criteria. Permanent storm water management systems shall meet the design criteria as provided in
the city’s SWMDS.
(c) Maintenance agreement. The applicant shall enter into a maintenance agreement with the city that
documents all responsibilities for operation and maintenance of long-term storm water treatment BMPs. Such
responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement. All
maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to final
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plan approval. At a minimum, the maintenance agreement shall describe the following inspection and maintenance
obligations:
1. The responsible party who is permanently responsible for inspection and maintenance of the structural
and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm
water management systems.
4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed, after
proper and reasonable notice to the responsible party of the permanent storm water management system.
5. Include a maintenance plan that contains, but is not limited to, the following:
a. Identification of all structural permanent storm water management systems.
b. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall
verify whether the practice is functioning as designed and may include, but is not limited to, quality, temperature,
and quantity of runoff.
c. Identification of the responsible party for conducting the inspection, monitoring, and maintenance for
each practice.
d. Include a schedule and format for reporting to the city compliance with the maintenance agreement.
6. The issuance of a permit constitutes a right of entry for the city or its contractor to enter upon the
construction site. The applicant shall allow the city and its authorized representatives, upon presentation of
credentials, to:
a. Enter upon the permitted site for the purpose of obtaining information, examining records, conducting
investigations or surveys.
b. Bring such equipment upon the permitted development as is necessary to conduct such surveys and
investigations.
c. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required
to be kept under the terms and conditions of the permit.
d. Inspect the storm water pollution control measures.
e. Sample and monitor any items or activities pertaining to storm water pollution control measures.
f. Correct deficiencies in storm water and erosion and sediment control measures.
(10) Certification.
(a) Approved Grading, Erosion and Sediment Control, and Storm Water Management Plan. Plans for grading,
stripping, excavating, and filling work, bearing the approval of the Public Works Director, shall be maintained at the
site during the progress of the work.
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(b) Procedure. The city will withhold issuance of building permits until the approved certified Grading Plan and
Site Development Plan are on file with the city, all securities as required by this division are received, conservation
posts are installed, and all erosion control measures are in place as determined by the Public Works Director.
(c) As-built Grading Plan and Development Plan. Within 60 days after completion of site development, as per
the approved Grading, Erosion and Sediment, and Storm Water Management Plan, the developer shall provide the
city with an As-built Grading Plan and Development Plan as defined in the City Zoning Ordinance.
(d) Removal of erosion control measures. The above-specified requirements will be authorized for removal
upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization,
completion of proper turf establishment, and placement of the proper conservation easement posts and signs as
specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please
refer to City Zoning Ordinance for specifications.
(11) Enforcement.
(a) Notice of violation.
1. In the event that any work on the site does not conform to the approved erosion and sediment control
plan, or any of the requirements listed in the provisions of this article, the Public Works Director, or his or her
designee, shall issue a written notice of violation to the applicant, detailing the corrective actions necessary for
compliance.
2. The applicant shall conduct the corrective actions within the time period determined by the city and
stated in the notice.
3. If an imminent hazard exists, the city may require that the corrective work begin immediately.
(b) Stop work order/revocation of site development permit.
1. In the event that any person holding a site development permit pursuant to this article violates the terms
of the permit or implements site development in such a manner as to materially adversely affect the health, welfare,
environment, or safety of persons residing or working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city
may suspend or revoke the site development permit through the issuance of a stop work order, or the revocation of
the site development or building permit.
2. The city may draw down on the grading permit security, with 30 days written notice to developer, for any
violation of the terms of this contract related to landscaping, if the violation is not cured within such 30-day period,
or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the
proceeds shall be used to cure the default.
3. No development, utility or street construction will be allowed and no building permits will be issued unless
the development is in full compliance with the requirements of this subdivision.
(c) Violation and penalties.
1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the
same to be done, contrary to or in violation of any terms of this division. Any person violating any of the provisions
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of this division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the
provisions of this division is committed, continued, or permitted, shall constitute a separate offense.
2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine
as specified by the city ordinance for fee schedule for each offense. In addition to any other penalty authorized by
this section, any person, partnership, or corporation convicted of violating any of the provisions of this division shall
be required to bear the expense of such restoration.
(R) Small wireless facilities.
(1) Purpose.
(a) The purpose of this division is to establish specific requirements for obtaining a small wireless facility
permit for the installation, mounting, modification, operation, and replacement of small wireless facilities and
installation or replacement of wireless support structures by commercial wireless providers on public and private
property, including in the public right-of-way.
(b) This division does not apply to any wireline facilities, including wireline backhaul facilities. A wireless
provider must obtain a small cell pole attachment permit pursuant to or other applicable authorization for use of the
public right-of-way to construct, install, replace, or modify any wireline backhaul facility, such as fiber optic cable.
The granting of a small wireless facility permit pursuant to this division is not a grant of such authorization.
(2) Definitions. In this division, the following terms shall have the meaning ascribed to them below:
APPLICABLE LAW. All applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances,
as the same be amended or adopted from time to time.
APPLICANT. Any person submitting a small wireless facility permit application under this division.
CITY. The City of Columbia Heights, Minnesota.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility
on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city.
DAYS. Counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action
or paying any fee falls on Saturday, Sunday, or a federal holiday, the action may be taken, or the fee paid, on the
next succeeding secular or business day.
DECORATIVE POLE. A utility pole owned, managed, or operated by or on behalf of the city or any other
governmental entity that:
1. Is specifically designed and placed for an aesthetic purpose; and
2. a. On which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:
i. A small wireless facility;
ii. A specialty designed informational or directional sign; or
iii. A temporary holiday or special event attachment; or
b. On which no appurtenance or attachment has been placed, other than:
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i. A small wireless facility;
ii. A specialty designed informational or directional sign; or
iii. A temporary holiday or special event attachment.
DEPARTMENT. The Department of Public Works of the city.
DESIGN DISTRICT. Any district within the city within which architectural design elements are required.
DIRECTOR. The Director of the department.
EXCAVATE. To dig into or in any way remove, physically disturb, or penetrate a part of a public right-of-way.
FCC and COMMISSION. The Federal Communications Commission.
HISTORIC DISTRICT. A geographically definable area, urban or rural, that possesses a significant concentration,
linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical
development. A district may also comprise individual elements separated geographically during the period of
significance but linked by association or function.
MICRO WIRELESS FACILITY. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12
inches high, and whose exterior antenna, if any, is no longer than 11 inches.
OBSTRUCT. To place a tangible object in a public right-of-way so as to hinder free and open passage over that or
any part of the public right-of-way.
PERMITTEE. A person that has been granted a small wireless facility permit by the department.
PERSON. Any individual, group, company, partnership, association, joint stock company, trust, corporation,
society, syndicate, club, business, or governmental entity. PERSON shall not include the city.
PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane,
and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and
utility easement of the city.
SMALL WIRELESS FACILITY.
1. A wireless facility that meets both of the following qualifications:
a. Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and
b. All other wireless equipment associated with the small wireless facility, excluding electric meters,
concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding
equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power
and other services, and any equipment concealed from public view within or behind an existing structure or
concealment, is in aggregate no more than 28 cubic feet in volume; or
2. A micro wireless facility.
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SMALL WIRELESS FACILITY PERMIT. A permit issued by the department authorizing the installation, mounting,
maintenance, modification, operation, or replacement of a small wireless facility or installation or replacement of a
wireless support structure in addition to collocation of a small wireless facility on the wireless support structure.
UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. It does
not include a traffic signal pole.
WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from a wireless facility
to a communications network.
WIRELESS FACILITY.
1. Equipment at a fixed location that enables the provision of wireless service between user equipment and a
wireless service network, including:
a. Equipment associated with wireless service;
b. A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration; and
c. A small wireless facility.
2. WIRELESS FACILITY does not include:
a. Wireless support structures;
b. Wireline backhaul facilities; or
c. Coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not
otherwise immediately adjacent to or directly associated with a specific antenna.
WIRELESS PROVIDER. A provider of wireless service, including, but not limited to, radio communication service
carried on between mobile stations or receivers and land stations, and by mobile stations communicating among
themselves and which permits a user generally to receive a call that originates and/or terminates on the public
switched network or its functional equivalent, regardless of the radio frequencies used.
WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi,
whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. WIRELESS
SERVICE does not include services regulated under Title VI of the Communications Act of 1934, as amended,
including a cable service under United States Code, Title 47, Section 522, Clause (6).
WIRELESS SUPPORT STRUCTURE. A new or existing structure in a public right-of-way designed to support or
capable of supporting small wireless facilities, including, but not limited to, a utility pole or a building, as reasonably
determined by the department.
(3) Small wireless facility permit applications.
(a) Application form. The Director shall develop and make publicly available a form application. To the extent
possible, the Director shall allow for applications to be consolidated pursuant to this division. A complete application
must be submitted for each small wireless facility permit desired.
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(b) Consolidated applications. A wireless provider may apply for up to 15 small wireless facility permits in a
consolidated application, provided all small wireless facilities in the consolidated application are located within a
two-mile radius, consist of substantially similar equipment, and are to be collocated on similar types of wireless
support structures. The department shall review a consolidated application as allowed by this division. If necessary,
the applied-for small wireless facility permits in a consolidated application may be approved or denied individually,
but the department may not use the denial of one or more permits as a basis to deny all small wireless facility
permits in a consolidated application. Any small wireless facility permits denied in a consolidated application shall be
subject to a single appeal.
(c) Information not required. The department shall not require an applicant to provide any information that:
1. Has previously been provided to the department by the applicant in a small wireless facility permit
application, if the applicant provides specific reference to the previous application containing the information sought
by the department and the previous information remains unchanged; and
2. Is not reasonably necessary to review a small wireless facility permit application for compliance with
generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with
applicable Federal Communications Commission regulations governing audio frequency exposure, or other
information required by this division.
(4) Establishment of general standards.
(a) General standards. The Director shall establish and maintain a set of standards for the installation,
mounting, maintenance, modification, operation, or replacement of small wireless facilities and placing new or
replacement wireless support structures in the public right-of-way applicable to all permittees under this division.
The general standards shall include, but not be limited to, information to be required in a small wireless facility
permit application, design standards, construction standards, aesthetic standards, a form application, permitting
conditions, insurance and security requirements, and rates and fees.
(b) Design standards. Any design standards established by the Director shall be:
1. Reasonable and nondiscriminatory; and
2. Include additional installation and construction details that do not conflict with this division, including, but
not limited to, a requirement that:
a. An industry standard pole load analysis be completed and submitted to the city, indicating that the
wireless support structure to which the small wireless facility is to be attached will safely support the load; and
b. Small wireless facility equipment on new and existing wireless support structures be placed higher than
15 feet above ground level.
3. The Director shall additionally include the following in any design standards established under this
division.
a. Any wireless support structure installed in the public right-of-way after May 31, 2017, may not exceed 50
feet above ground level, unless the city agrees to a greater height, subject to local zoning regulations, and may be
subject to separation requirements in relation to other wireless support structures;
City of Columbia Heights – Ordinance 1711 Page 91
b. Any wireless support structure replacing an existing wireless support structure that is more than 50 feet
above ground level may be placed at the height of the existing wireless support structure, unless the city agrees to a
greater height, subject to zoning regulations;
c. Wireless facilities constructed in the public right-of-way after May 31, 2017, may not extend more than
ten feet above an existing wireless support structure in place as of May 31, 2017;
d. If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole if the
replacement pole reasonably conforms to the design and aesthetic qualities of the displaced decorative pole, subject
to the approval of the Director of Public Works;
e. A wireless provider shall comply with the city's requirements to install facilities underground, including,
without limitation, in compliance with § 6.301 of the City Code; and
f. All small wireless facilities collocated or wireless support structures installed in a Design District or
Historic District shall comply with any design or concealment or other measures required by the city.
(c) Construction standards. Any construction standards established by the Director shall include at least the
following terms and conditions:
1. Compliance with applicable law. To the extent this requirement is not preempted or otherwise legally
unenforceable, a permittee shall comply with all applicable law and applicable industry standards.
2. Prevent interference. A permittee shall collocate, install, and continuously operate any authorized small
wireless facilities and wireless support structures in a manner that prevents interference with other wireless
facilities and other facilities in the right-of-way and the operation thereof. With appropriate permissions from the
department, a permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of an
authorized small wireless facility or wireless support structure, maintain trees as prescribed by standards
promulgated by the department.
3. Other rights not affected. A permittee shall not construe a contract, permit, correspondence, or other
communication from the city as affecting a right, privilege, or duty previously conferred or imposed by the
department to or on another person.
4. Restoration. A permittee, after any excavation of a public right-of-way, shall provide for restoration of the
affected public right-of-way and surrounding areas, including the pavement and its foundation, to the same
condition that existed before the excavation. If a permittee fails to adequately restore the public right-of-way within
a specified date, the department may:
a. Itself restore the public right-of-way and recover from the permittee the reasonable costs of the surface
restoration; or
b. Recover from the permittee a reasonable degradation fee associated with a decrease in the useful life of
the public right-of-way caused by the excavation.
5. A permittee that disturbs uncultivated sod in the excavation or obstruction of the public right-of-way shall
plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the
restoration required under this division, unless the owner of the real property over which the public right-of-way
traverses objects. In restoring the public right-of-way, the permittee shall consult with the Department of Wildlife
Conservation regarding the species of native grasses that conform to the requirements of this division.
City of Columbia Heights – Ordinance 1711 Page 92
6. Permittee’s liability. A permittee is solely responsible for the risk and expense of the collocation of the
permittee’s small wireless facility and installing or replacing the permittee's wireless support structure. The city
neither warrants nor represents that any area within the public right-of-way is suitable for such collocation or
installation or replacement. A permittee shall accept the public right-of-way as is and where is and assumes all risks
related to any use. The city is not liable for damage to small wireless facilities due to an event of damage to a
wireless support structure in the public right-of-way.
(5) Small wireless facility application review process.
(a) Eligibility for review. An application shall be eligible for review if the application conforms to the general
standards adopted by the Director.
(b) Authorization. A small wireless facility permit issued pursuant to any application processed hereunder shall
authorize:
1. The installation, mounting, modification, operation, and replacement of a small wireless facility in the
public right-of-way or city-owned property; or
2. Construction of a new, or replacement of an existing, wireless support structure, and collocation of a small
wireless facility on the wireless support structure.
(c) Review process. An application submitted pursuant to this section shall be reviewed as follows:
1. Submission of application. Applicant shall submit a complete application accompanied by the appropriate
application fee as set forth in § 9.106(R)(15) to the department. Prior to submitting a small wireless facility permit
application, an applicant shall inspect any wireless support structure on which it proposes to collocate a small
wireless facility and determine, based on a structural engineering analysis by a Minnesota registered professional
engineer, the suitability of the wireless support structure for the proposed collocation. The structural engineering
analysis shall be submitted to the department with the application, and shall certify that the wireless support
structure is capable of safely supporting the proposed small wireless facility considering conditions at the proposed
location, including the condition of the public right-of-way, hazards from traffic, exposure to wind, snow and/or ice,
and other conditions affecting the proposed small wireless facility that may be reasonably anticipated.
2. Application review period. The department shall, within 60 days after the date a complete application for
the collocation is submitted to the department, issue or deny a small wireless facility permit pursuant to the
application. The department shall, within 90 days after the date a complete application for a new or replacement
wireless support structure in addition to the collocation of a small wireless facility is submitted to the department,
issue or deny a small wireless facility permit pursuant to the application. If the department receives applications
within a single seven-day period from one or more applicants seeking approval of small wireless facility permits for
more than 30 small wireless facilities or ten wireless support structures, the department may extend the 90-day
review period of this division by an additional 30 days. If the department elects to invoke this extension, it must
inform in writing any applicant to whom the extension will be applied.
3. Completeness determination. The department shall review a small wireless facility permit application for
completeness following submittal. The department shall provide a written notice of incompleteness to the applicant
within ten days of receipt of the application, clearly and specifically delineating all missing documents or
information. Information delineated in the notice is limited to documents or information publicly required as of the
date of application and reasonably related to the department’s determination of whether the proposed equipment
falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health,
City of Columbia Heights – Ordinance 1711 Page 93
safety, and welfare regulations applicable to the small wireless facility permit request and complies with this division
and applicable standards promulgated by the department. If an applicant fails to respond to the department’s notice
of incompleteness within 90 days, the application shall be deemed expired and no small wireless facility permit shall
be issued. Upon an applicant’s submittal of additional documents or information in response to a notice of
incompleteness, the department shall within ten days of submission notify the applicant in writing of any
information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of
incompleteness may not specify documents or information that were not delineated in the original notice of
incompleteness.
4. Reset and tolling of review period. In the event that a small wireless facility permit application is
incomplete, and the department has provided a timely and complete written notice of incompleteness, then the
applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of
information in compliance with the notice. Subsequent notices shall toll the applicable review period. An applicant
and the department can mutually agree in writing to toll the applicable review period at any time.
5. Moratorium prohibited. Notwithstanding any applicable law to the contrary, including, but not limited to,
M.S. §§ 394.34 and 462.355, the department shall not establish any moratorium with respect to the filing, receiving,
or processing of applications for small wireless facility permits, or issuing or approving small wireless facility permits.
6. Nondiscriminatory processing of applications. The department shall ensure that any application processed
under this division is performed on a nondiscriminatory basis.
7. Permit not required. A permittee shall provide 30 days advance written notice to the department, but
shall not be required to obtain a small wireless facility permit, or pay an additional small wireless facility permit fee
for:
a. Routine maintenance;
b. The replacement of a small wireless facility with a small wireless facility that is substantially similar to or
smaller in size; or
c. The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is
strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.
(6) Small wireless facility permit conditions.
(a) General conditions of approval. In processing and approving a small wireless facility permit, the
department shall condition its approval on compliance with:
1. Generally applicable and reasonable health, safety, and welfare regulations consistent with the city's
public right-of-way management;
2. Reasonable accommodations for a decorative pole;
3. Any reasonable restocking, replacement, or relocation requirements when a new wireless support
structure is placed in the public right-of-way;
4. Construction of the proposed small wireless facility within six months from the date the small wireless
facility permit is issued;
City of Columbia Heights – Ordinance 1711 Page 94
5. Obtaining additional authorization for use of the public right-of-way for the construction of wireline
backhaul facilities or any other wired facilities;
6. Compliance with the city's general standards; and
7. Compliance with all applicable law.
(b) Generally applicable and reasonable health, safety, and welfare regulations. Generally applicable and
reasonable health, safety, and welfare regulations for the purposes of this division include, without limitation, the
following:
1. A structural engineering analysis by a Minnesota registered professional engineer certifying that a wireless
support structure can reasonably support a proposed small wireless facility considering the conditions of the street,
the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice, or other
conditions that may be reasonably anticipated at the proposed location;
2. A determination by the department that, based upon reasonable engineering judgment, a proposed small
wireless facility is of excessive size or weight or would otherwise subject a wireless support structure to an
unacceptable level of stress;
3. A determination by the department that, based upon reasonable engineering judgment, a proposed small
wireless facility would cause undue harm to the reliability or integrity of the city’s electrical infrastructure or would
likely violate generally applicable electrical or engineering principles;
4. A determination by the department that a proposed small wireless facility presents an unreasonable
safety hazard as specifically and reasonably identified by the department;
5. A determination by the department that a proposed small wireless facility impairs the city’s ability to
operate or maintain the public right-of-way;
6. A determination by the department that a proposed small wireless facility cannot be placed due to
insufficient capacity and the infrastructure cannot be modified or enlarged consistent with the requirements of this
division and the department’s general standards; or
7. A determination by the department that a proposed small wireless facility is in violation of the National
Electric Safety Code or applicable law.
(c) Authorized use. An approval of a small wireless facility permit under this division authorizes the collocation
of a small wireless facility on an existing wireless support structure to provide wireless services, or the installation or
replacement of a wireless support structure and collocation of a small wireless facility, and shall not be construed to
confer authorization to:
1. Provide any service other than wireless service;
2. Construct, install, maintain, or operate any small wireless facility or wireless support structure in a right-
of-way other than the approved small wireless facility or wireless support structure; or
3. Install, place, maintain, or operate a wireline backhaul facility in the right-of-way.
(d) Other permits required. Any person desiring to obstruct or perform excavation in a public right-of-way
within the city for purposes of collocating a small wireless facility or installing or replacing a wireless support
City of Columbia Heights – Ordinance 1711 Page 95
structure shall, consistent with § 6.301 of City Code, obtain the necessary permit from the city prior to conducting
any such activities.
(e) Exclusive arrangements prohibited. The city shall not enter into an exclusive arrangement with any person
for use of a public right-of-way for the collocation of a small wireless facility or for the installation or operation of a
wireless support structure.
(f) Unauthorized small wireless facility. No person shall install, mount, modify, operate, or replace a small
wireless facility in the public right-of-way or on city-owned property, or install or replace a wireless support structure
without first obtaining a small wireless facility permit from the city.
1. If an unauthorized small wireless facility or wireless support structure is discovered, the department shall
provide written notice to the owner of the unauthorized small wireless facility within five days of discovery of the
unauthorized small wireless facility. If an owner of an unauthorized small wireless facility or wireless support
structure cannot be reasonably identified, the department need not provide any written notice.
2. If the owner of an unauthorized small wireless facility or wireless support structure can be reasonably
identified, the department may remove the unauthorized small wireless facility or wireless support structure
without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s
sole expense no sooner than five days after providing notice of the department’s discovery of the unauthorized
small wireless facility or wireless support structure to the owner.
3. If the owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably
identified, the department may remove the unauthorized small wireless facility or wireless support structure
without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s
sole expense.
(g) Relocation. The department may require a permittee to relocate or modify a small wireless facility or
wireless support structure in a public right-of-way or on city-owned property in a timely manner and at the
permittee’s cost if the department determines that such relocation or modification is required to protect public
health, safety and welfare, or to prevent interference with other facilities authorized pursuant to this division, or to
prevent interference with public works projects of the department.
(h) Security required. Each permittee shall submit and maintain with the department a bond, cash deposit, or
other security acceptable to the department, in a form and amount determined by the department in accordance
with the general standards, securing the faithful performance of the obligations of the permittee and its agents
under any and all small wireless facility permits issued to the permittee under this division. If, in accordance with this
division, the department deducts any amounts from such security, the permittee must restore the full amount of the
security prior to the department’s issuance of any subsequent small wireless facility permit. The department shall
return or cancel the security should the permittee cease to operate any small wireless facilities in the right-of-way.
(i) Payment of fees required. A small wireless facility permit shall not be issued prior to the complete payment
of all applicable fees.
(j) Notice of assignment required. A permittee upon or within ten calendar days after transfer, assignment,
conveyance, or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities
shall provide written notification to the department.
(7) Small wireless facility permit term. A small wireless facility permit for a small wireless facility in the public
right-of-way shall have a term equal to the length of time that the small wireless facility is in use, unless the small
City of Columbia Heights – Ordinance 1711 Page 96
wireless facility permit is revoked under this division or is otherwise allowed to be limited by applicable law. The
term for all other small wireless facility permits shall be for a period of up to ten years.
(8) Denial or revocation of a small wireless facility permit.
(a) Permit denial. The department may deny any small wireless facility permit if the applicant does not comply
with all provisions of this division, or if the department determines that the denial is necessary to protect public
health, safety, and welfare, or when necessary to protect the public right-of-way and its current use.
(b) Permit revocation. The department may revoke a small wireless facility permit, with or without refund, in
the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any
material condition of the small wireless facility permit. A substantial breach includes, but is not limited to, the
following:
1. A material violation by act or omission of a provision of a small wireless facility permit;
2. An evasion or attempt to evade any material provision of a small wireless facility permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
3. A material misrepresentation of fact in a small wireless facility permit application;
4. A failure to correct, in a timely manner, collocation of a small wireless facility or installation or
replacement of a wireless support structure that does not conform to applicable standards, conditions, or codes,
upon inspection and notification by the department of the faulty condition;
5. A permittee fails to make timely payments of any fees due, and does not correct such failure within 20
days after receipt of written notice by the city of such failure;
6. A permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of
its small wireless facilities or wireless support structures are sold under an instrument to secure a debt and is not
redeemed by the permittee within 60 days; or
7. A failure to complete collocation of a small wireless facility or installation, modification, or replacement of
a wireless support structure within 270 days of the date a small wireless facility permit authorizing such activity is
granted, unless the department and the permittee agree to extend the 270 day period or there is a lack of
commercial power or communications transport infrastructure to the installation site.
(c) Written notice required. Any denial or revocation of a small wireless facility permit shall be made in writing
and shall document the basis for the denial or revocation. The department shall notify the applicant or permittee in
writing within three days of a decision to deny or revoke a small wireless facility permit. If a small wireless facility
permit application is denied, the applicant may cure the deficiencies identified by the department and submit its
application. If the applicant resubmits the application within 30 days of receiving written notice of the denial, it may
not be charged an additional filing or processing fee. The department must approve or deny the revised application
within 30 days after the revised application is submitted. If small wireless facility permit or wireless support
structure permit is revoked, the small wireless facility or wireless support structure shall be subject to removal in
accordance with § 9.106(R)(11).
(9) City inspection of a small wireless facility or wireless support structure.
(a) Inspection permitted. The department may inspect, at any time, a permittee’s collocation of a small
wireless facility or installation or replacement of a wireless support structure. The department shall determine
City of Columbia Heights – Ordinance 1711 Page 97
during an inspection whether the permittee’s small wireless facility or wireless support structure is in accordance
with the requirements of the permittee’s applicable small wireless facility permit and other applicable law.
(b) Suspension of activities. During an inspection, if the department determines that a permittee has violated
any material term of the permittee’s small wireless facility permit or this division, the department may suspend the
permittee’s small wireless facility permit. The department shall provide prompt written notice of any suspension to a
permittee, including the violations giving rise to the suspension. A suspension under this division is effective until a
permittee corrects the alleged violation(s), at the permittee’s sole expense. If the violation(s) are not corrected
within 30 days after the date of such notice, the small wireless facility or wireless support structure shall be subject
to removal in accordance with § 9.106(R)(11). A permittee may appeal any suspension issued under this division to
the department as provided in § 9.106(R)(12).
(10) Abandoned small wireless facilities and wireless support structures. Where a small wireless facility or
wireless support structure is not properly maintained or has not been used for the primary purpose of providing
wireless services for 12 consecutive months, the department may designate the small wireless facility or wireless
support structure as abandoned. The department shall provide written notice to a permittee within ten days of the
permittee’s small wireless facility or wireless support structure being designated as abandoned.
(11) Removal of a small wireless facility or wireless support structure.
(a) Removal permitted. The department may remove, at permittee’s expense, or require a permittee to
remove, any small wireless facility or wireless support structure if:
1. The small wireless facility permit or wireless support structure permit is revoked under this division or
expires without renewal; or
2. The small wireless facility or wireless support structure is designated by the department as abandoned
under § 9.106(R)(10).
(b) Notice to permittee; time to remove. The department shall provide written notice to the permittee that it
must remove a small wireless facility or wireless support structure under this division, including the reasons
therefor. If the permittee does not remove the small wireless facility or wireless support structure within 30 days
after the date of such notice, the department may remove it at the permittee’s expense without further notice to
the permittee.
(12) Appeals. An applicant or permittee may have the denial or revocation of a small wireless facility permit, or
fees and costs required by this division reviewed, upon written request, by the City Council or its designee. The City
Council or its designee shall act on a timely written request at its next regularly scheduled meeting. A decision by the
City Council or its designee affirming a denial, revocation, or fee shall be in writing and supported by written findings
establishing the reasonableness of the decision.
(13) Insurance.
(a) Minimum coverage. The department shall require that each permittee maintain in full force and effect,
throughout the term of a small wireless facility permit, an insurance policy or policies issued by an insurance
company or companies satisfactory to the city’s Risk Manager. Such policy or policies shall, at a minimum, afford
insurance covering all of the permittee’s operations, vehicles, employees, agents, subcontractors, successors, and
assigns as follows:
City of Columbia Heights – Ordinance 1711 Page 98
1. Workers’ compensation, in statutory amounts, with employers’ liability limits not less than $1,000,000
each accident, injury, or illness;
2. Commercial general liability insurance with limits not less than $2,000,000 each occurrence combined
single limit for bodily injury and property damage, including contractual liability, personal injury, products and
completed operations;
3. Commercial automobile liability insurance with limits not less than $2,000,000 each occurrence combined
single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as
applicable; and
(b) Insurance requirements. Each permittee’s insurance policy or policies are subject to the following:
1. Said policy or policies shall include the city and its officers and employees jointly and severally as
additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the city will
be called on to contribute to a loss covered thereunder, and shall provide for severability of interests.
2. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise
reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full
coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which
occurred or arose, in whole or in part, during the policy period.
3. Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation
or any material change to the department.
4. Should any of the required insurance be provided under a claims-made form, a permittee shall maintain
such coverage continuously throughout the term of a small wireless facility permit, and, without lapse, for a period
of three years beyond the expiration or termination of the small wireless facility permit, to the effect that, should
occurrences during the term of the small wireless facility permit give rise to claims made after expiration or
termination of the small wireless facility permit, such claims shall be covered by such claims-made policies.
5. Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general annual
aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein.
(c) Indemnity obligation. Such insurance shall in no way relieve or decrease a permittee’s or its agent’s
obligation to indemnify the city pursuant to this division.
(d) Proof of insurance. Before the department will issue a small wireless facility permit, an applicant shall
furnish to the department certificates of insurance and additional insured policy endorsements with insurers that
are authorized to do business in the State of Minnesota and that are satisfactory to the department evidencing all
coverages set forth herein.
(14) Indemnification and defense of city.
(a) Indemnification of city. As a condition of issuance of a small wireless facility permit, each permittee agrees
on its behalf and on behalf of its agents, successors, or assigns to indemnify, defend, protect, and hold harmless the
city from and against any and all claims of any kind arising against the city as a result of the issuance of the small
wireless facility permit including, but not limited to, a claim allegedly arising directly or indirectly from the following:
City of Columbia Heights – Ordinance 1711 Page 99
1. Any act, omission, or negligence of a permittee or its any agents, successors, or assigns while engaged in
the permitting or collocation of any small wireless facility or installation or replacement of any wireless support
structure, or while in or about the public right-of-way that are subject to the small wireless facility permit for any
reason connected in any way whatsoever with the performance of the work authorized by the small wireless facility
permit, or allegedly resulting directly or indirectly from the permitting or collocation of any small wireless facility or
installation or replacement of any wireless support structure authorized under the small wireless facility permit;
2. Any accident, damage, death, or injury to any of a permittee’s contractors or subcontractors, or any
officers, agents, or employees of either of them, while engaged in the performance of collocation of any small
wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility
permit, or while in or about the public right-of-way that are subject to the small wireless facility permit, for any
reason connected with the performance of the work authorized by the small wireless facility permit, including from
exposure to radio frequency emissions;
3. Any accident, damage, death, or injury to any person or accident, damage, or injury to any real or personal
property in, upon, or in any way allegedly connected with the collocation of any small wireless facility or installation
or replacement of any wireless support structure authorized by a small wireless facility permit, or while in or about
the public right-of-way that are subject to the small wireless facility permit, from any causes or claims arising at any
time, including any causes or claims arising from exposure to radio frequency emissions; and
4. Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed
by a permittee or its agents about, in, on, or under the public right-of-way.
(b) Defense of city. Each permittee agrees that, upon the request of the department, the permittee, at no cost
or expense to the city, shall indemnify, defend, and hold harmless the city against any claims as set forth in this
division, regardless of the alleged negligence of the city or any other party, except only for claims resulting directly
from the sole negligence or willful misconduct of the city. Each permittee acknowledges and agrees that it has an
immediate and independent obligation to defend the city from any claims that actually or potentially fall within the
indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at
the time such claim is tendered to the permittee or its agent by the city and continues at all times thereafter. Each
permittee further agrees that the city shall have a cause of action for indemnity against the permittee for any costs
the city may be required to pay as a result of defending or satisfying any claims that arise from or in connection with
a small wireless facility permit, except only for claims resulting directly from the sole negligence or willful
misconduct of the city. Each permittee further agrees that the indemnification obligations assumed under a small
wireless facility permit shall survive its expiration or completion of collocation of any small wireless facility
authorized by the small wireless facility permit.
(c) Additional requirements. The department may specify in a small wireless facility permit such additional
indemnification requirements as are necessary to protect the city from risks of liability associated with the
permittee’s collocation of any small wireless facility or installation or replacement of any wireless support structure.
(15) Fees and costs.
(a) Application fees. The department shall charge a fee for reviewing and processing a small wireless facility
permit application. The purpose of this fee is to enable the department to recover its costs directly associated with
reviewing a small wireless facility permit application.
City of Columbia Heights – Ordinance 1711 Page 100
1. The department shall charge a fee of $500 for a small wireless facility permit application seeking to
collocate up to five small wireless facilities. This fee shall increase by $100 for each additional small wireless facility
that an applicant seeks to collocate.
2. The department shall charge a fee of $850 for a small wireless facility permit application seeking to install
or replace a wireless support structure in addition to collocating of a small wireless facility on the wireless support
structure.
(b) Annual small wireless facility permit fee. The department shall charge an annual small wireless permit fee
for each small wireless facility permit issued to a permittee. The annual small wireless permit fee shall be
determined by the Director and listed in the city’s fee schedule. The annual small wireless permit fee shall be based
upon the recovery of the city’s rights-of-way management costs.
(c) City-owned wireless support structure fees. The department shall charge the following fees to the owner of
any small wireless facility collocated on a wireless support structure owned by the city or its assigns located in the
public right-of-way:
1. $150 per year for rent to occupy space on the wireless support structure;
2. $25 per year for maintenance associated with the space occupied on the wireless support structure; and
3. A monthly fee for electricity used to operate the small wireless facility, if not purchased directly from a
utility, at the rate of:
a. $73 per radio node less than or equal to 100 max watts;
b. $182 per radio node over 100 max watts; or
c. The actual costs of electricity, if the actual costs exceed the above.
(d) City-owned property fees. The department shall charge an annual fee for collocating small wireless
facilities on city-owned property not located in the public right-of-way. The department shall determine a
reasonable and nondiscriminatory annual fee on a per location and per request basis.
(e) Discretion to require additional fees. In instances where the review of a small wireless facility permit
application is or will be unusually costly to the department, the Director, in his or her discretion, may, after
consulting with other applicable city departments, agencies, boards, or commissions, require an applicant to pay a
sum in excess of the other fee amounts charged pursuant to this division. This additional sum shall be sufficient to
recover the actual, reasonable costs incurred by the department and/or other city departments, agencies, boards, or
commissions, in connection with a small wireless facility permit application and shall be charged on a time and
materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis
for the additional fees and an estimate of the additional fees. The department may not require a fee imposed under
this division through the provision of in-kind services by an applicant as a condition of consent to use to city’s public
right-of-ways or to obtain a small wireless facility permit.
(f) Reimbursement of city costs. The department may determine that it requires the services of an expert in
order to evaluate a small wireless facility permit application. In such cases, the department shall not issue a small
wireless facility permit pursuant to the application unless the applicant agrees to reimburse the department for the
actual, reasonable costs incurred for the services of a technical expert.
City of Columbia Heights – Ordinance 1711 Page 101
(S) Table of Uses. The following tables include the permitted, conditional, and accessory uses for all residential,
commercial, industrial, and public zoning districts; numbers indicate additional conditions for approval of use which
can be found in City Code 9.107 Specific Development Standards.
1. RESIDENTIAL ZONING DISTRICTS
A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development
Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific
Development Standards.
ZONING DISTRICTS R-1 SINGLE-
FAMILY
RESIDENTIAL
R-2A/R-2B:
TWO-FAMILY
RESIDENTIAL
R-3: LIMITED
MULTIPLE
FAMILY
RESIDENTIAL
R-4: MULTIPLE
FAMILY
RESIDENTIAL
P: PUBLIC
AND
OPEN
SPACE
USE CLASSIFICATION
Accessory building/structure. A A A A
Accessory dwelling unit on a single-family
property.
A A A A
Bed and breakfast home, accessory to a
single-family dwelling.
C C
Cemeteries. P
Community center. C C C
Congregate living facilities, including rooming
houses, group living quarters, nursing homes
(27), senior housing, assisted living facilities,
transitional housing and emergency housing
(44).
C C
Convent or monastery, when accessory to a
religious facility.
C C C C
County, regional, and city parks. P P P P P
Day care center, adult or child. C C
Decorative landscaping, gardening and other
horticultural uses.
A A A A
Essential services. P
Fences greater than six feet in height. A A A A
Golf course. C C
Government office. C C C C
Government protective service facility. C C C C
Greenhouses (residential). (24) A A A A
Ground-mounted solar energy system
(accessory use). (51)
A A A A A
Ground-mounted solar energy system
(primary use). (51)
P P P P P
Home occupations. A A A A
Joint driveway use between adjoining
property owners.
C C C C
Licensed day care facility serving 12 or fewer
persons. (16)
P P P P
Licensed day care facility serving more than
12 persons.
C
Licensed group family day care facility serving
14 or fewer children.
P P P P
Living quarters for persons employed on the
premises.
A
City of Columbia Heights – Ordinance 1711 Page 102
Manufactured home park. C
Multiple-family dwelling. P
Multiple-family dwelling with up to eight units
per structure.
P
Non-city governmental and public regulated
utility buildings and structures necessary for
health, safety, and general welfare of the
community.
C
Off-street parking for an adjacent conforming
commercial or industrial use, provided the
lots are under common ownership, is not
separated by a public right-of-way and front
on the same public right-of-way.
C C C
Operation and storage of such vehicles,
equipment and machinery, which are
incidental to the permitted or conditional
uses allowed in the district.
A
Other accessory uses as determined by the
Zoning Administrator.
A A A A
Playgrounds, athletic fields, recreational
areas, and parking areas.
P P P P P
Private garages, carports, and parking spaces. A A A A
Private swimming pools, tennis courts, and
private recreational facilities operated for the
sole use and convenience of the residents and
their guests.
A A A A
Public parks and playgrounds. P P P P P
Publicly owned and operated facilities. P
Recreational facility, indoor. C C C
Recreational facility, outdoor. C C C
Recreational vehicles and equipment. A
Religious facility/ place of worship. (35) C C C C
Roof-mounted solar energy system. (50) A A A A A
Shared family living arrangements. A A A A
Signs as regulated by 9.106. A A A A A
Single-family dwelling, detached. P P P P
School, public or private, K-12. (39) C C C
School, vocational or business. (40) C
State licensed residential care facility serving
six or fewer persons. (36)
P P P P
State licensed residential care facility serving
7 to 16 persons. (36)
C C
Temporary construction buildings. A A A A
Town home dwelling with up to eight units
per structure.
P P
Two-family dwelling. (45) P P P
Twinhome dwelling. (45) P P P
2. COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development
Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific
City of Columbia Heights – Ordinance 1711 Page 103
Development Standards (C)
ZONING DISTRICTS LB: LIMITED
BUSINESS
GB:
GENERAL
BUSINESS
CBD:
CENTRAL
BUSINESS
I-1:
LIGHT
INDUSTRIAL
I-2:
GENERAL
INDUSTRIAL
USE CLASSIFICATION
Accessory building. A A A A A
Adult entertainment use. (1) C C
Animal kennel and/or shelter. (2) C C
Arcade. P P
Assembly, manufacturing and/or processing. C P P
Auditorium/place of assembly. P P
Automobile convenience facility. (3) P
Automobile and motorcycle repair, minor. (5) C C C
Automobile and motorcycle repair, major. (4) C C
Automobile and motorcycle sales/rentals, new. (6) C
Automobile and motorcycle sales/rentals, used (in
building). (7)
C
Banquet hall. (47) C C
Barbed wire fences. (8) C C
Bed and breakfast home, when accessory to a single-
family dwelling. (9)
C
Billiards hall. P P
Body piercing shops. P P
Bowling alley. P P
Brew pub. (46) P C
Brew pub, not exceeding 2,000 barrels of malt liquor a
year. (46)
C
Brewer taproom. (46) P C P
Brewer taproom, not exceeding 2,000 barrels of malt
liquor a year. (46)
C
Car Wash. (10) C
Caretaker’s residence. A
Clinic, medical or dental. P P P
Clinic, veterinary. P P P
Club or lodge. P P
Community center. (12) C C P P
Concrete, asphalt or rock crushing operation. (11) C C
Congregate living facilities, including rooming houses,
group living quarters, nursing homes (27), senior housing,
assisted living facilities, transitional housing and
emergency housing (44).
C
Consignment/secondhand store. (13) C
Currency exchange. (14) C
Day care facility, adult or child. (15) P
Drive-up facility. (17) A A
Drop-in facility. (18) C
Fences greater than six feet in height. A A A
Fences greater than seven feet in height. A A
Financial institution. P P
Firearms dealer/shooting range. (20) C
Food service, convenience (fast food). (21) P P
Food service, limited (coffee shop/deli). P P P
City of Columbia Heights – Ordinance 1711 Page 104
Food service, full service (restaurant/nightclub). P P
Freight terminal. (22) P P
Funeral home. (23) P P
Ground-mounted solar energy system (accessory use).
(51)
A A A A A
Ground-mounted solar energy system (primary use). (51) P P P P P
Government maintenance facility. C C P P
Government office. P P P P P
Government protective service facility. P P P P P
Greenhouse/garden center. P
Health/fitness club. P P
Health/fitness clubs, not exceeding 4,000 gross square
feet in area. (48)
C
Hospital. (25) C C
Hotel or motel. C P P
Incidental repair or processing necessary to conduct the
permitted principal use, provided the accessory use does
not exceed 30% of the floor area.
A A
Laboratory, medical. P P P P
Landscaping and other horticultural uses. A A A A A
Licensed day care facility, child or adult. (16) C P
Liquor store, off-sale. P P
Maintenance facility. P P
Motor vehicle parts store. P P P
Museum/gallery. P P P
Multiple-family dwelling. P
Multiple-family residential, when located above a first
floor commercial use. (26)
P
Off-street parking and loading areas. A A
Office. P P P P P
Office/showroom. P P
Office/warehouse. P P
Outdoor sales or display. (28) C C C C
Outdoor storage. (29) C C C C
Parking ramp. P P P P
Pawnshop. (30) C P P
Precious metal dealerships. (31) C
Printing/publishing. P P P P
Private garages, carports, and parking spaces. A A A
Private swimming pools, tennis courts, and private
recreational facilities operated for the sole use and
convenience of the residents and their guests.
A
Public parks and playgrounds. P P P P P
Recreational facility, indoor. (33) C C C P P
Recreational facility, outdoor. (34) C C C P P
Recreational vehicles sales, new. (32) C
Recreational vehicles sales, used (in building). (32) C
Retail sales. P P P P P
Roof-mounted solar energy system. (50) A A A A A
Salvage operation/transfer station. (38) C C
Seasonal sales stands. (49) A A A
Self-service storage facility. P P
Service, professional. (19) P P P
City of Columbia Heights – Ordinance 1711 Page 105
School, performing/visual/marital arts. (41) C P P
School, vocational or business. (40) C P P
Shopping center. (42) P
Signs as regulated by 9.106. A A A A A
Single-family dwelling, when accessory to a commercial
use.
C
Smoke Shops (43) P P P P P
State licensed residential care facility, correctional. (37) C C
State licensed residential care facility. (36) C
Studio, professional. P P P
Studio, radio and television. P P P P
Tattoo shops. P P
Temporary construction buildings. A A A A A
Theater, live performance. P
Theater, movie. P
Warehousing and/or distribution. P P
(T) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any
use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted,
conditional or accessory shall be prohibited in that district.
Section 4
The following language for Specific Development Standards is added, amended and deleted as provided in Section
9.107 of the City Code of 2005, is hereby established to read as follows:
(A) Purpose. The purpose of this section is to establish specific development standards that provide supplemental
regulations to address the unique characteristics of certain land use.
(B) Applicability. The regulations set forth in this section shall apply to the specific use listed, whether it is
identified as permitted, conditional or accessory within the applicable zoning district. These regulations shall be in
addition to all other applicable regulations.
(C) Specific development standards. The following uses are subject to specific development standards:
(1) Adult entertainment use.
(a) Activities classified as obscene as defined by M.S. § 617.241 or successor statute, are prohibited.
(b) The use shall be located at least 1,000 feet from any other adult entertainment use.
(c) The use shall be located at least 1,000 feet from any facility with an on- or off-sale liquor, wine or beer
license.
(d) The use shall be located at least 500 feet from any of the following protected uses: residentially-zoned
property or residential use; licensed day care facility; public or private educational facility classified as an
elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of
worship.
(e) An adult entertainment use lawfully operating as a conforming use is not rendered nonconforming by the
subsequent location of any use listed above within 500 feet. If the adult entertainment use is abandoned for a
period of 90 days or more, it shall be deemed discontinued and subsequent use of the premises for adult
entertainment will be required to meet the separation requirement.
City of Columbia Heights – Ordinance 1711 Page 106
(f) No more than one adult entertainment use shall be located on the property.
(g) The use shall not be located on any property that has a liquor license.
(h) Sign messages shall be generic in nature and shall only identify the type of business which is being
conducted; signs shall not contain material classified as advertising.
(2) Animal kennel or shelter.
(a) Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be
approved by the City Council through a Conditional Use Permit on a case-by-case basis.
(b) Outdoor kennels shall be prohibited.
(c) Outdoor activity spaces shall meet the following requirements:
1. The space shall be completely screened from abutting neighboring residential zoning districts or uses by a
six-foot tall privacy fence that is at least 80 percent opaque.
2. The space shall be cleaned regularly so as not to create a nuisance as defined by the City Code.
3. Animal waste produced within the space shall not be allowed to directly enter the City’s storm sewer
system.
(d) All indoor activity shall include soundproofing and odor control.
(e) The kennel or shelter shall provide a minimum floor area of 48 square feet per dog and 20 square feet per
cat or any other animal boarded at any one time, exclusive of office or storage area.
(f) Air temperature within the kennel or shelter shall be maintained between 60 degrees and 80 degrees
Fahrenheit.
(g) Within the kennel area, wall finish material below 48 inches in height shall be impervious, washable
materials such as sealed masonry, ceramic tile, glass board, or fiberglass reinforced plastic (FRP) panels.
(h) Floor finishes shall be sealed concrete, or another impervious surface approved by the City.
(i) Animal waste shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient
construction to eliminate odors and organisms. All animal waste shall be disposed of on a daily basis.
(j) The kennel or shelter shall provide sufficient, uniformly distributed lighting to the kennel area.
(3) Automobile convenience facility.
(a) The use shall be served by a major collector or higher functional classification of roadway.
(b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in
the zoning district in which the use is located.
(c) The storage of inoperable vehicles on the site is prohibited.
(d) The sale or repair of vehicles shall be prohibited.
City of Columbia Heights – Ordinance 1711 Page 107
(e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting
public rights-of-way.
(f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below
the bottom surface of the canopy.
(g) Wherever fuel pumps are installed, pump islands shall be installed.
(h) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(i) An environmental management plan, including a storm water management and drainage plan, shall be
submitted to address the impact of the facility on the environment.
(j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents
shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage
tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area.
(l) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing any litter found thereon.
(m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less
than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 feet from the
intersecting right-of-way line on arterial roadways.
(n) All new automobile convenience facilities must be located on a minimum of one acre of land.
(4) Automobile and motorcycle repair, major.
(a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-
street parking spaces.
(b) All work shall be performed within a completely enclosed building.
(c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside
storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited.
(d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use.
(e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents
shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage
tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(f) An environmental management plan, including a storm water management and drainage plan, shall be
submitted to address the impact of the facility on the environment.
(g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for
automobile convenience facilities.
City of Columbia Heights – Ordinance 1711 Page 108
(h) All new major automobile and motorcycle repair facilities must be located on a minimum of one acre of
land.
(5) Automobile and motorcycle repair, minor.
(a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-
street parking spaces.
(b) All work shall be performed within a completely enclosed building.
(c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside
storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited.
(d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use.
(e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents
shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage
tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(f) An environmental management plan, including a storm water management and drainage plan, shall be
submitted to address the impact of the facility on the environment.
(g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for
automobile convenience facilities.
(h) All new minor automobile and motorcycle repair facilities must be located on a minimum of one acre of
land.
(6) Automobile and motorcycle sales/rental, new.
(a) The use shall be served by a major collector or higher classification of roadway.
(b) Outdoor vehicle display for used cars and motorcycles shall be limited to 30% of the total outdoor display
area for a new car or motorcycle dealership. The display area shall be defined as the total number of parking spaces
devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and
employees.
(c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning
district in which the use is located.
(d) Outdoor vehicle display areas within the public right-of-way are prohibited.
(e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting
public rights-of-way.
(f) Outdoor vehicle display shall be within a designated area that is hard-surfaced.
(g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of
inoperable, junk vehicles with expired tabs is prohibited.
(h) Music or amplified sounds shall not be audible from adjacent residential properties.
City of Columbia Heights – Ordinance 1711 Page 109
(i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level
required for the principal use.
(j) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If
the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management
practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above
grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings
to eliminate the escape of gas vapors.
(l) All new automobile and motorcycle sales/rental, (new) facilities must be located on a minimum of one acre
of land.
(7) Automobile and motorcycle sales/rental, used.
(a) The use shall be served by a major collector or higher classification or roadway.
(b) An open-aired used auto, motorcycle and truck sales or rental lot as a stand-alone business is prohibited.
(c) Used automobiles and motorcycles may be sold or rented as a stand-alone business if the business if the
used automobiles, motorcycles and associated business are contained within a building.
(d) Used automobiles and motorcycles may not be sold accessory to businesses other than new car and
motorcycle dealerships.
(e) Outdoor vehicle display areas within the public right-of-way are prohibited.
(f) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting
public rights-of-way.
(g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited.
(h) Music or amplified sounds shall not be audible from adjacent residential properties.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If
the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management
practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above
grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings
to eliminate the escape of gas vapors.
(k) All new automobile and motorcycle sales/rental, (used) facilities must be located on a minimum of one acre
of land.
(8) Barbed wire fences.
(a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no
less than six feet above the ground.
City of Columbia Heights – Ordinance 1711 Page 110
(b) At no point shall the projecting arm encroach into the city right-of-way or neighboring properties.
(9) Bed and breakfast home.
(a) The bed and breakfast home shall be part of an owner occupied residential structure and be operated by
the property owner.
(b) No more than one non-resident shall be employed in the operation of the facility.
(c) The exterior appearance of the structure shall not be altered from its single-family residential character.
(d) The total number of guestrooms shall not exceed four in the R-3 and R-4 Zoning Districts and six in the LB
Zoning District. All guest rooms shall be located within the principal structure.
(e) Separate kitchen facilities shall not be available for guests. Meals shall be prepared and served by the
operator and shall be available to registered guests only.
(f) Guest stays shall be limited to no more than 14 consecutive days.
(g) Parking shall be accommodated on the property. Parking requirements for guests are in addition to those
required for the principal residential use.
(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the
State of Minnesota.
(10) Car wash.
(a) Water from the car wash shall not drain across any sidewalk or into any public right-of- way.
(b) Vacuum facilities shall be located in an enclosed structure or located at least 50 feet from any residential
property line to avoid noise impacts.
(c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(d) A sound study is required to determine the overall impact upon the surrounding properties and ensure
compliance with performance standards and MPCA sound requirements.
(e) All new car washes must be located on a minimum of one acre of land.
(11) Concrete, asphalt, rock crushing operation.
(a) The use shall be located a minimum of 1,000 feet from any residentially-zoned property or any residential
use.
(b) An air quality plan shall be submitted describing stationary and mobile source air emissions, their
quantities and compositions, and indicating conformance with all applicable regulation.
City of Columbia Heights – Ordinance 1711 Page 111
(c) A dust management plan shall be submitted describing dust emissions sources, their quantities and
compositions, how dust will be collected, managed and disposed of and indicating conformance with all applicable
regulations.
(d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformance with
all applicable regulations.
(e) A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformance
with all applicable regulations.
(f) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(g) An environmental management plan, including a storm water management and drainage plan, shall be
submitted to address the impact of the facility on the environment.
(12) Community center.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the
building footprint.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening and other site improvements consistent with the character of the community.
(e) All accessory residential, school or day care uses shall be subject to the provisions of this article.
(13) Consignment/secondhand store.
(a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from
more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all
existing consignment/secondhand stores, currency exchanges, pawnshops and precious metal dealerships.
(b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be
reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye
level.
(c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be
windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be
prohibited.
(e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party.
(f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise.
City of Columbia Heights – Ordinance 1711 Page 112
(g) All receipt, sorting and processing of goods shall occur within a completely enclosed building.
(h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(14) Currency exchange.
(a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand
stores, pawnshops and precious metal dealerships.
(b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be
reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye
level.
(c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be
windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be
prohibited.
(e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(15) Day care center.
(a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in
the zoning district in which the use is located.
(b) The play area shall be located away from the main entrance to day care, and shall be contained with a
fence constructed of masonry, painted or treated wood or metal, at least five feet in height.
(c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child
under care. If there is not sufficient space for an outdoor play area on-site, then the property owner must submit a
written proposal that demonstrates recreational activities for children under the facility’s care will be provided off-
site within 1,500 feet of the facility. The City Manager, or his or her designee, is authorized to approve or deny this
proposal.
(d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be
provided. If 150 square feet of outdoor is not available on the site, the property owner must submit a written
proposal that demonstrates that recreational activities for adults under the facility’s care will be provided off-site.
The City Manager, or his or her designee, is authorized to approve or deny this proposal.
(e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and
unloading of children or adults under care. The designated area shall be located as close as practical to the principal
entrance of the building and shall be connected to the building by a sidewalk.
(f) To the extent practical, new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
City of Columbia Heights – Ordinance 1711 Page 113
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the
State of Minnesota.
(i) Day care centers located in a school or religious institution building originally constructed for use as a school
or religious institution shall be considered a permitted accessory use, provided the standards contained herein are
met.
(j) Day care centers located within an existing commercial or industrial facility and used only by employees of
the operation conducted on the site shall be considered a permitted accessory use, provided the standards
contained herein are met.
(16) Day care, home.
(a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in
the zoning district in which the use is located.
(b) The designated play area shall be contained with a fence constructed of masonry, painted or treated wood
or metal, at least five feet in height.
(c) The exterior appearance of the structure shall not be altered from its single-family residential character.
(d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child
under care.
(e) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be
provided for each adult under care.
(f) If there is not sufficient space for an outdoor play area on-site, then the property owner must submit a
written proposal that demonstrates recreational activities for children under the facility’s care will be provided off-
site within 1,500 feet of the facility.
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the
State of Minnesota.
(17) Drive-up facility.
(a) The drive-up function shall be accessory to a conforming use.
(b) The use shall be served by a major collector or higher functional classification of roadway.
(c) The site shall accommodate vehicle stacking in accordance with the provisions of this article.
(d) Any speaker system shall not be audible from any residentially zoned property or any residential use.
(18) Drop-in facility.
City of Columbia Heights – Ordinance 1711 Page 114
(a) The use shall be located at least 3,000 feet from all existing drop-in facilities, consignment/secondhand
stores, currency exchanges and pawnshops.
(b) The use shall conspicuously post legible signs at the public entrance advising patrons of the hours of
operation of the facility and its meal service, if applicable.
(c) A waiting area for clients shall be provided which shall be available to clients one hour prior to the posted
opening of the use and shall include toilet facilities.
(d) Trash receptacles shall be located at the public entrances.
(e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(19) Employment agencies–temporary (day labor). The use shall be located at least 3,000 feet from all existing
temporary employment agencies, consignment/secondhand stores, currency exchanges and pawnshops.
(20) Firearms dealer/shooting range.
(a) The use shall be located at least 300 feet from any residentially zoned property or any residential use.
(b) The use shall be located at least 500 feet from the following protected uses: licensed daycare facility; public
or private educational facility classified as an elementary, middle or junior high or senior high school; public library;
public park; or religious institution or place of worship.
(c) No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from
any public street or sidewalk.
(21) Food service, convenience (fast food).
(a) The use shall be served by a major collector or higher functional classification of roadway.
(b) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting
public rights-of-way.
(c) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(d) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing any litter found thereon.
(e) Curb cuts shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways
and no less than 80 feet from the intersecting right-of-way line on arterial roadways.
(f) A drive-up facility shall also be subject to the standards for a drive-up facility.
(22) Freight terminal.
(a) Loading and unloading activities shall be located no less than 200 feet from any residential zoning district
or residential use.
(b) Overnight facilities for drivers shall provide on-site management 24 hours a day. The name and telephone
number of the on-site manager shall be filed with the city.
City of Columbia Heights – Ordinance 1711 Page 115
(23) Funeral home.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(24) Greenhouses (residential).
(a) A residential greenhouse shall only be allowed for one- and two-family dwellings.
(b) A residential greenhouse structure shall not count against the total number of detached accessory
structures allowed on a residential property.
(c) A residential greenhouse structure shall not count against the total allowable combined square footage of
accessory structures allowed on a residential property.
(d) A residential greenhouse shall be allowed during the normal growing season only.
(e) When not in use, a residential greenhouse shall be dismantled.
(25) Hospital.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) Emergency vehicle access shall not be adjacent to or located across the street from any residential use.
(c) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(26) Multi-family in CBD.
(a) The residential use is secondary to and located above the ground floor commercial use.
(b) The maximum number of units allowed shall be limited to the area of the parcel divided by 2,000, times the
number of floors above the ground floor commercial use.
(c) A minimum of one parking space shall be provided per residential unit within 400 feet of the most
commonly used entrance.
(27) Nursing home.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) On-site services shall be for residents of the facility only.
(c) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(28) Outdoor sales/display.
(a) The outdoor sales/display use shall be accessory to a commercial use.
City of Columbia Heights – Ordinance 1711 Page 116
(b) All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning
district in which it is located.
(c) Outdoor sales/display areas within the public right-of-way are prohibited.
(d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting
public rights-of-way.
(e) All goods shall be displayed in a designated area that is hard-surfaced.
(f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent residential properties.
(h) The outdoor sales/display area shall not reduce the amount of off-street parking provided on-site below
the level required for the principal use.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(29) Outdoor storage.
(a) The outdoor storage area shall be accessory to a commercial or industrial use.
(b) Outdoor storage within the public right-of-way is prohibited.
(c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district
in which the use is located.
(d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the
principal structure.
(e) The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required
screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less
than 80% opaque on a year round basis.
(f) All goods, materials and equipment shall be stored on an impervious surface.
(g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient
width to accommodate emergency vehicles as needed.
(h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of
the screening provided.
(30) Pawnshop.
(a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges,
consignment/secondhand stores and precious metal dealerships.
(b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be
reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye
level.
City of Columbia Heights – Ordinance 1711 Page 117
(c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be
windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be
prohibited.
(e) All receipt, sorting and processing of goods shall occur within a completely enclosed building.
(f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(31) Precious metal dealership.
(a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops,
currency exchanges and consignment/secondhand stores.
(b) The window and door area of any existing first floor façade along a public street or sidewalk shall not be
reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye
level.
(c) For new construction, at least 30% of the first floor façade along a public street or sidewalk shall be
windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk is
prohibited.
(e) All receipt, sorting and processing of goods shall occur within a completely enclosed building.
(32) Recreational vehicle sales.
(a) The use shall be served by a major collector or higher classification of roadway.
(b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning
district in which the use is located.
(c) Outdoor vehicle display areas within the public right-of-way are prohibited.
(d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting
public rights-of-way.
(e) Outdoor vehicle display shall be within a designated area that is hard-surfaced.
(f) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent residential properties.
(h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level
required for the principal use.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If
the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management
City of Columbia Heights – Ordinance 1711 Page 118
practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above
grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings
to eliminate the escape of gas vapors.
(k) All new recreational vehicle sales facilities must be located on a minimum of one acre of land.
(33) Recreational facility, indoor.
(a) The use shall be served by a minor collector or higher classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the
building footprint.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(34) Recreational facility, outdoor.
(a) The use shall be served by a minor collector or higher classification of roadway.
(b) The site shall be no less than five acres in size.
(c) The principal use of the site shall be the outdoor recreation facility, except for athletic fields that are
accessory to an educational or community facility.
(d) The use shall be situated in such a way as to minimize the effects of lighting and noise on surrounding
properties.
(e) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(35) Religious institution/place of worship.
(a) The facility shall be served by a minor collector or higher functional classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the
building footprint.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(e) All accessory residential, school or day care uses shall be subject to the provisions of this article.
City of Columbia Heights – Ordinance 1711 Page 119
(36) Residential care facility.
(a) If serving more than six residents, the use shall be located at least 1/4 mile (1,320 feet) from all existing
residential care facilities or correctional residential care facilities, regardless of the licensing status of such facilities.
Residential care facilities serving six or fewer residents shall be exempted from the distance radius and zoning
regulations except as otherwise required by law.
(b) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire
structure.
(c) The facility shall be located on a parcel meeting the minimum lot size for a single- family dwelling plus an
area of 300 square feet for each resident over six. The maximum number of residents may be specified as a
condition of the conditional use permit in order to meet this requirement.
(d) On-site services shall be for residents of the facility only.
(e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in
which the use in located.
(f) To the extent practical, all new construction or additions to existing buildings shall be compatible with the
scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in
the neighborhood.
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening and other site improvements consistent with the character of the neighborhood.
(h) The primary purpose of the facility cannot be to treat juveniles who have violated criminal statutes relating
to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes
relating to sex offenses.
(i) The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct
threat to the health and safety of other individuals.
(j) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate
security.
(k) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the
State of Minnesota.
(l) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit
may be required.
(37) Residential care facility, correctional.
(a) The use shall be located at least 1/4 mile (1,320 feet) from all existing residential care facilities and
correctional residential care facilities, regardless of the licensing status of such facilities measured from property line
to property line.
(b) The use shall only be located in the I-1, Light Industrial District and the I-2, General Industrial District
parcels throughout the city.
City of Columbia Heights – Ordinance 1711 Page 120
(c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire
structure.
(d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus an area
of 300 square feet for each resident over two. The maximum number of residents shall not exceed four.
(e) On-site services shall be for residents of the facility only.
(f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in
which the use in located.
(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the
scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in
the neighborhood.
(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening and other site improvements consistent with the character of the neighborhood.
(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the
State of Minnesota.
(j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit
may be required.
(38) Salvage operation/transfer station.
(a) The use shall be located at least 500 feet from any residentially zoned property or any residential use.
(b) The use must comply with the minimum standards for operation, safety, storage and all waste
management as identified in the most current version of MPCA Motor Vehicle Salvage Facility Environmental
Compliance Manual or successor manual.
(c) The use must be served by a minor collector or higher functional classification of roadway.
(d) Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a
principal structure in the zoning district in which the use is located.
(e) No vehicles or vehicle parts may be placed within the public right-of-way or on public property.
(f) Exterior storage shall be limited to a maximum height of 12 feet and shall be fully screened so that items
stored do not exceed the height of the screening provided.
(g) An environmental management plan, including a storm water management and drainage plan, shall be
submitted to address the impact of the facility on the environment.
(h) The salvage facility operator shall maintain a written record of all vehicles received, including the date
received, date when fluids were removed and date removed from the facility. The record shall also include the
vehicle identification number, make and model and shall be initiated on the date the vehicle is received at the
facility.
City of Columbia Heights – Ordinance 1711 Page 121
(i) All fluids, including but not limited to motor oil, transmission and/or transfer case lubricants, differential
lubricants, fuel, antifreeze, refrigerants and window washing fluids shall be removed from the vehicle within three
days of receipt.
(j) All lead acid batteries, mercury containing devices and other hazardous materials shall be removed from
the vehicle within three days of receipt.
(k) On-site burning of trash, refuse, garbage or other waste materials is prohibited.
(l) Salvage of materials by fire, burning, explosives or chemical decomposition is prohibited.
(39) School, K-12.
(a) The use shall include a regular course of study accredited by the State of Minnesota.
(b) The site shall be served by a major collector or higher classification of roadway.
(c) The parcel upon which the use is located shall have a lot area no less than four times the area of the
building footprint.
(d) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(e) To the extent practical, all new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
(f) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(40) School, vocational/business.
(a) The site shall be served by a minor arterial or higher classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the
building footprint.
(c) A master plan shall be submitted that describes proposed physical development for the next five years and
for the following five years. Said plan shall include a description of proposed development phases and plans,
development priorities, the probable sequence of proposed development, estimated dates of construction and the
anticipated interim use of property waiting to be developed.
(d) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(e) New construction or additions to existing buildings shall be complementary and compatible with the scale
and character of the surroundings and exterior materials shall be compatible with those used in the immediate
neighborhood.
(f) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
City of Columbia Heights – Ordinance 1711 Page 122
(41) School, performing/visual/martial arts.
(a) The site shall be served by a minor collector or higher classification of roadway.
(b) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(c) To the extent practical, all new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(42) Shopping center.
(a) Only uses that are allowed within the zoning district in which the shopping center is located, shall be
allowed in the shopping center.
(b) Uses that require a conditional use permit, site plan review or other land use approval shall comply with all
review and approval requirements of this article.
(c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet shall be
inspected regularly for purposes of removing any litter found thereon.
(43) Smoke shops.
(a) The smoke shop must have an entrance door opening directly to the outdoors.
(b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or
smoking related accessories.
(c) A tobacco department or section of any individual business establishment with any type of liquor, food or
restaurant license shall not be considered a smoke shop.
(d) The total number of city-issued smoke shop licenses shall at no time exceed five.
(e) Any existing smoke shops at the time of the passage of Ord. 1570 shall comply fully with the ordinance by
December 31, 2010.
(44) Transitional/emergency housing.
(a) Transitional/emergency housing shall be located at least 1/4 mile from all existing transitional/emergency
housing.
(b) The maximum number of persons served shall not exceed 32.
(c) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-
residential treatment/service.
(d) To the extent practical, all new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
City of Columbia Heights – Ordinance 1711 Page 123
(e) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(45) Two-family and twinhome dwellings.
(a) Street-facing garage doors must be recessed behind either the front facade of the living area portion of the
dwelling or a covered porch, measuring at least six feet by eight feet, by at least five feet.
(b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented
to a separate street frontage.
(c) Vehicle access to a lot must be from an alley if the lot abuts an alley.
(46) Brewer taprooms and brew pubs.
(a) All malt liquor production shall be within a completely enclosed structure.
(b) Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent
properties and from public streets.
(c) In zoning districts where off-street parking is required, a transportation management plan shall be
submitted to address off-street parking, bus and freight loading, and traffic control.
(d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of
any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the
property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in
addition to any required landscape buffer.
(e) Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening
wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the
front yard of any adjacent property.
(f) By-products and waste from the production of malt liquor shall be properly disposed of off the property.
(g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing litter found thereon.
(h) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or
county.
(47) Banquet halls.
(a) To the extent practical, new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings, and exterior materials shall be compatible with those
used in the immediate neighborhood.
(b) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening and other site improvements consistent with the character of the community.
(c) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or
county.
City of Columbia Heights – Ordinance 1711 Page 124
(d) A transportation management plan shall be submitted to address off-street parking, bus loading and
unloading, traffic control, and the impact of the facility on surrounding roadways.
(e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the
use shall be inspected regularly for the purposes of removing any litter found thereon.
(f) Music or amplified sounds shall not be audible from adjacent residential uses and must meet the
requirements of city ordinances, to ensure consistent enforcement by the Police Department.
(48) Health/fitness clubs in LB, Limited Business districts.
(a) The health/fitness club shall not exceed 4,000 gross square feet in area.
(b) The use shall be served by a minor collector or higher classification roadway.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and
compatible with the scale and character of the surroundings and exterior materials shall be compatible with those
used in the immediate neighborhood.
(d) An appropriate transition area shall be provided between the use and adjacent property by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(e) The parking supply requirements of § 9.105(L)(10) shall be satisfied via off-street parking or a combination
of off-street parking and off-site parking. Off-site parking shall be located no more than 400 feet from the main
entrance of the use being served.
(f) The City Council may establish limited business hours as a means of ensuring compatibility with surrounding
uses.
(49) Seasonal Sales Stands
(a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community
Development Department and the Fire Department and sale of fireworks shall meet all requirements of Chapter 24
of the Fire Code and NFPA Chapter 1124.
(c) Seasonal sales stands shall be accessory to a commercial use.
(d) Seasonal sales stands located within the public right-of-way are prohibited.
(e) All goods shall be displayed on a designated impervious surface area.
(f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent residential properties.
(h) The seasonal sales stand shall not reduce the amount of off-street parking provided one-site below the
level required for the principal use.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
(j) Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 48
square feet.
City of Columbia Heights – Ordinance 1711 Page 125
(k) Seasonal sales stands may be allowed for a maximum of 90 days per calendar year.
(50) Roof-Mounted Solar Energy System
(a) The system shall comply with applicable state and local fire codes to ensure emergency access to the roof,
provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency
egress from the roof.
(51) Ground-Mounted Solar Energy Systems.
(a) If the area under the system contains vegetative ground cover such as grass, native planting and
vegetations, or pollinator habitats as the tilt and spacing allows for precipitation to drain into the pervious
ground cover, then it is not considered to be impervious surface coverage.
Section 5
The following language for Residential Districts is added, amended and deleted as provided in Section 9.109 of the
City Code of 2005, is hereby established to read as follows:
(A) Purpose. The residential zoning districts are established to preserve and enhance the quality of living in
residential neighborhoods; provide a range of housing types and densities consistent with the comprehensive plan;
regulate structures and uses which may affect the character or desirability of these residential areas; and provide
directly related complementary uses that support the residential areas while safeguarding the residential character
of these areas.
(B) General provisions.
(1) Compliance with applicable regulations. Any use established in a residential district after the effective date
of this article shall comply with all applicable local, state and federal standards for such uses.
(2) Administration. The administration and enforcement of this section shall be in accordance with the
provisions of § 9.104, Administration and Enforcement.
(3) Nonconformities. Nonconforming uses, structures, lots and signs within a residential district shall be subject
to the provisions of § 9.105, Nonconformities.
(4) Compliance with general development standards. Any use established, expanded or modified in a residential
district after the effective date of this article shall comply with the applicable provisions of § 9.106, General
Provisions, including the Table of Uses defining the allowed uses in residential and public zoning districts.
(5) Compliance with specific development standards. Any use established, expanded or modified in a residential
district after the effective date of this article that is identified in § 9.107, Specific Development Standards, shall
comply with the applicable provisions of that section.
(6) State licensed residential facility. State licensed residential facilities are allowed in all residential districts
pursuant to M.S. § 462.357, as it may be amended from time to time.
(C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the
residential districts shall be as specified in the following table:
R-1 R-2A R-2B R-3 R-4
Minimum Lot Area
City of Columbia Heights – Ordinance 1711 Page 126
gle-family dwelling 8,400
sq. ft.
Existing on January 1,
2005 – 5,100 sq. ft.
Established after
January 1, 2005 - 6,500
sq. ft.
Existing on January 1,
2005 – 5,100 sq. ft.
Established after
January 1, 2005 - 6,500
sq. ft.
Existing on January 1,
2005 – 5,100 sq. ft.
Established after
January 1, 2005 - 6,500
sq. ft.
Existing on January 1,
2005 – 5,100 sq. ft.
Established after
January 1, 2005 - 6,500
sq. ft.
wo-family and
twinhome
dwellings
12,000 sq. ft.
Existing on January 1,
2005 - 5,100 sq. ft.
Established after
January 1, 2005 -
12,000 sq. ft.
8,400 sq. ft. 8,400 sq. ft.
Multiple-family
dwelling 10,000 sq. ft. 10,000 sq. ft.
on-residential
structure
8,400
sq. ft. 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft.
Lot Area Per Dwelling Unit
Multiple-family dwelling
ency 1,200 sq. ft. 800 sq. ft.
bedroom 1,800 sq. ft. 1,000 sq. ft.
bedroom 2,000 sq. ft. 1,200 sq. ft.
e bedroom 2,500 sq. ft. 1,500 sq. ft.
ional bedroom 400 sq. ft. 200 sq. ft.
regate living units 400 sq. ft. 400 sq. ft.
Minimum Lot
Width 70 ft.
Existing on January 1,
2005 – 40 ft.
Established after
January 1, 2005 - 60 ft.
Existing on January 1,
2005 – 40 ft.
Established after
January 1, 2005 - 60 ft.
Existing on January 1,
2005 – 40 ft.
Established after
January 1, 2005 - 70 ft.
Existing on January 1,
2005 – 40 ft.
Established after
January 1, 2005 - 70 ft.
R-1 R-2A R-2B R-3 R-4
Minimum Lot Depth
esidential Building Setbacks
yard 25 ft. 25 ft. 25 ft. 1 & 2 Family - 25 ft.
Multi- Family - 30 ft. 15 ft.
yard 7 ft.* 5 ft.* 5 ft.* 1 & 2 Family - 5 ft.
Multi- Family - 20 ft. 10 ft.
er side yard 12 ft. 10 ft. 10 ft. 1 & 2 Family - 10 ft.
Multi- Family - 30 ft. 15 ft.
yard 20% of lot depth 20% of lot depth 20% of lot depth 1 & 2 Family - 25 ft.
Multi- Family - 30 ft. 15 ft.
Non-Residential Building Setbacks
yard 25 ft. 25 ft. 25 ft. 30 ft. 15 ft.
yard 40 ft. 30 ft. 30 ft. 25 ft. 10 ft.
er side yard 12 ft. 10 ft. 10 ft. 30 ft. 15 ft.
yard 40 ft. 30 ft. 30 ft. 25 ft. 10 ft.
City of Columbia Heights – Ordinance 1711 Page 127
Single- and Two-Family Parking Setbacks
yard (excluding drives/pads) 25 ft. 25 ft. 25 ft. 30 ft. 30 ft.
yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
er side yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
Multiple-Family Parking Setbacks
yard 30 ft. 30 ft.
yard 10 ft. 10 ft.
er side yard 30 ft. 30 ft.
yard 10 ft. 10 ft.
R-1 R-2A R-2B R-3 R-4
Non-Residential Parking Setbacks
Front yard 25 ft. 25 ft. 25 ft. 30 ft. 30 ft.
yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
er side yard 25 ft. 25 ft. 25 ft. 30 ft. 30 ft.
yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
Maximum Height
Residential buildings 30 ft. 30 ft. 30 ft. 35 ft. 35 ft.
Non-residential buildings 35 ft. 35 ft. 35 ft. 35 ft. 35 ft.
Residential structures
30 ft. unless
specified
elsewhere
30 ft. unless
specified
elsewhere
30 ft. unless
specified
elsewhere
35 ft. unless
specified
elsewhere
35 ft. unless
specified
elsewhere
Non-residential
structures
35 ft. unless
specified
elsewhere
35 ft. unless
specified
elsewhere
35 ft. unless
specified
elsewhere
35 ft. unless
specified
elsewhere
35 ft. unless
specified
elsewhere
Non-Residential Floor
Area Ratio 2.2
Impervious surface
coverage maximum for
residential lots
35% for lots less
than 6,500 sq. ft.
35% for lots less
than 6,500 sq. ft.
35% for lots less
than 6,500 sq. ft.
35% for lots less
than 6,500 sq. ft.
35% for lots less
than 6,500 sq. ft.
30% for lots
greater than 6,500
sq. ft.
30% for lots
greater than 6,500
sq. ft.
30% for lots
greater than 6,500
sq. ft.
30% for lots
greater than 6,500
sq. ft.
30% for lots
greater than 6,500
sq. ft.
* The side yard setback for structures in excess of two stories shall be increased to 10 feet.
(D) Zero lot line setback provisions. In the R-2, R-3 and R-4 districts, the yard for a single-family attached dwelling
may be reduced to zero feet, provided that the following conditions are satisfactorily met:
(1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach
upon another property.
(2) The applicant records all required agreements, easements and deed restrictions against all properties that
abut the zero lot line.
City of Columbia Heights – Ordinance 1711 Page 128
(3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than
to individual units.
(4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by
the structure by the total number of dwelling units.
(E) R-1, Single-Family Residential District.
(1) Purpose. The purpose of the R-1, Single-Family Residential District is to provide appropriately located areas
for detached single-family dwellings and directly related complementary uses. Permitted, conditional, and accessory
uses can be found in City Code 9.106 General Development Standards (S) Table of Uses.
(F) R-2A and R-2B, Two-Family Residential District.
(1) Purpose. The purpose of the R-2A and R-2B Two-Family Residence District is to provide appropriately located
areas for single-family dwellings, two-family dwellings (duplexes) and directly related complementary uses.
Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S)
Table of Uses.
(G) R-3, Limited Multiple-Family Residential District.
(1) Purpose. The purpose of the R-3, Limited Multiple-Family Residential District is to provide appropriately
located areas for small lot single-family dwellings, multiple-family dwellings with up to eight units per structure
(town homes, condominiums and apartments), congregate living arrangements and directly related complementary
uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S)
Table of Uses.
(H) R-4, Multiple-Family Residential District.
(1) Purpose. The purpose of the R-4, Multiple-Family Residential District is to provide for appropriately located
areas for high density multiple-family dwellings, congregate living arrangements and directly related complementary
uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S)
Table of Uses.
Section 6
The following language for Commercial Districts is added, amended and deleted as provided in Section 9.110 of
the City Code of 2005, is hereby established to read as follows:
(A) Purpose. The commercial districts are established to provide for a wide range of goods and services in locations
throughout the community; provide employment opportunities; and enhance the livability of the community by
providing convenient access to goods and services.
(B) General provisions.
(1) Compliance with applicable regulations. Any use established in a commercial district after the effective date
of this article shall comply with all applicable local, state and federal standards for such uses.
(2) Administration. The administration and enforcement of this section shall be in accordance with the
provisions of § 9.104, Administration and Enforcement.
City of Columbia Heights – Ordinance 1711 Page 129
(3) Nonconformities. Nonconforming uses, structures, lots and signs within a commercial district shall be subject
to the provisions of § 9.105, Nonconformities.
(4) Compliance with general development standards. Any use established, expanded or modified in a
commercial district after the effective date of this article shall comply with the applicable provisions of § 9.106,
General Development Standards , including the Table of Uses defining the allowed uses in commercial districts.
(5) Compliance with specific development standards. Any use established, expanded or modified in a
commercial district after the effective date of this article shall comply with the applicable provisions of § 9.107,
Specific Development Standards.
(C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses
in the commercial districts shall be as specified in the following table.
LB GB CBD
Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft.
Minimum Lot Width 50 ft. 40 ft. 20 ft.
LB GB CBD
LB GB CBD
Minimum Lot Depth
Lot area per dwelling unit
Single-family dwelling 6,500 sq. ft.
Multiple-family dwelling
Efficiency 1,200 sq. ft. 1,200 sq. ft.
One bedroom 1,800 sq. ft 1,800 sq. ft.
Two bedroom 2,000 sq. ft. 2,000 sq. ft.
Three bedroom 2,500 sq. ft. 2,500 sq. ft.
Additional bedroom 400 sq. ft. 400 sq. ft.
Congregate living units 400 sq. ft. 400 sq. ft.
Hotel or motel 400 sq. ft.
Hospital 600 sq. ft.
Building Setback Requirements
Nonresidential/mixed-use
front yard none
Residential front yard 5 ft.
Front yard 15 ft. none
City of Columbia Heights – Ordinance 1711 Page 130
Side yard 15 ft. none none
Corner side yard 10 ft. 15 ft. 1 ft.
Rear yard 20 ft. 20 ft. 10 ft.
Parking Setback Requirements
Front yard 12 ft. 15 ft. 1 ft.
Side yard 5 ft. 5 ft. none
Corner side yard 12 ft. 15 ft. 1 ft.
Rear yard 5 ft. 5 ft. 5 ft.
Maximum Building Height 35 ft. 35 ft. none
Maximum Structure Height 35 ft. unless specified
elsewhere
35 ft. unless specified
elsewhere
none, unless
specified elsewhere
Maximum Lot Coverage
Floor area ratio 1.0 6.0
(D) LB, Limited Business District.
(1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail
sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector
or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and
harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. Permitted,
conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses.
(E) GB, General Business District.
(1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general
retail sales, services and other commercial developments that benefit from their proximity to other commercial
uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible
primarily by automobile. Permitted, conditional, and accessory uses can be found in City Code 9.106 General
Development Standards (S) Table of Uses.
(F) CBD, Central Business District.
(1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and
redevelopment of the established downtown core, including a mix of retail, financial, office, service and
entertainment uses. Residential units are allowed within this district when located above a first floor commercial
use. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S)
Table of Uses.
(2) Off-street parking. The CBD, Central Business District, shall be considered an off-street parking district in
which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use
buildings, shall meet the parking requirements of § 9.106.
Section 7
City of Columbia Heights – Ordinance 1711 Page 131
The following language for Industrial Districts is added, amended and deleted as provided in Section 9.111 of the
City Code of 2005, is hereby established to read as follows:
(A) Purpose. The industrial districts are established to enhance the community’s tax base; provide employment
opportunities; and accommodate industrial development while maintaining compatibility with surrounding areas.
(B) General provisions.
(1) Compliance with applicable regulations. Any use established in an industrial district after the effective date
of this chapter shall comply will all applicable local, state and federal standards for such uses.
(2) Administration. The administration and enforcement of this section shall be in accordance with the
provisions of § 9.104, Administration and Enforcement.
(3) Nonconformities. Nonconforming uses, structures, lots and signs within an Industrial District shall be subject
to the provisions of § 9.105, Nonconformities.
(4) Compliance with general development standards. Any use established, expanded or modified in an industrial
district after the effective date of this article shall comply with the applicable provisions of § 9.106, General
Development Standards, including the Table of Uses defining the allowed uses in industrial districts.
(5) Compliance with specific development standards. Any use established, expanded or modified in an industrial
district after the effective date of this chapter that is identified in § 9.107, Specific Development Standards, shall
comply with the applicable provisions of that section.
(C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses
in the industrial districts shall be as specified in the following table:
I-1 I-2
I-1 I-2
Minimum Lot Area 10,000 sq. ft. 10,000 sq. ft.
Minimum Lot Width 80 ft. 80 ft.
Minimum Lot Depth
Building Setback Requirements
Front yard 20 ft. 20 ft.
Side yard 12 ft. 12 ft.
City of Columbia Heights – Ordinance 1711 Page 132
Corner side yard 15 ft. 15 ft.
Rear yard 24 ft. 24 ft.
Parking Setback Requirements
Front yard 20 ft. 20 ft.
Side yard 5 ft. 5 ft.
Corner side yard 20 ft. 20 ft.
Rear yard 5 ft. 5 ft.
Maximum Height
Maximum Lot Coverage
Floor Area Ratio 1.0 1.0
(D) I-1, Light Industrial District.
(1) Purpose. The purpose of the I-1, Light Industrial District is to provide appropriate locations for industrial
enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further
processing of materials first handled by general industry. These areas are located with easy access to arterial
roadways and should be separated from residential uses by natural or manmade barriers. Permitted, conditional,
and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses.
(E) I-2, General Industrial District.
(1) Purpose. The purpose of the I-2, General Industrial District is to provide appropriate locations for industrial
enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which,
because of their size and/or nature, require isolation from non- industrial uses. These areas are located with easy
access to arterial roadways or railroads and should be separated from non-industrial uses by natural or manmade
barriers. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards
(S) Table of Uses.
Section 8
City of Columbia Heights – Ordinance 1711 Page 133
The following language for Planned Unit Development Districts is added and amended as provided in Section
9.111 of the City Code of 2005, is hereby established to read as follows:
(A) Purpose. The purpose of the PUD, Planned Unit Development District is to provide greater flexibility with
development and redevelopment; preserve historical, environmental, and aesthetically significant features; promote
a high quality of design; and encourage more technological and energy efficient developments. This is achieved by
undertaking a process that results in a development outcome that exceeds the typical development achievable
through standard zoning controls.
(B) General provisions.
(1) Relationship to other applicable regulations.
(a) Property located within a PUD District shall be subject to the land use controls described in the primary
zoning district, as well as the rules and regulations prescribed in the PUD District plan. Where the provisions of the
primary zoning district and the PUD District plan are in conflict, the PUD District plan shall govern.
(b) The PUD District plan review process, in accordance with the provisions of this section, constitute and
supersede the requirements set forth in § 9.104(N)(2).
(2) Right of application. Any person having a legal interest in the property may file an application for the
establishment of a PUD District with the Zoning Administrator.
(3) Authority. The city retains absolute authority and discretion to establish a PUD District, and reserves the right
to deny the establishment of a PUD District if the City Council determines that the proposed benefits of the
development do not justify the requested flexibilities of a PUD District.
(4) Administration. The administration and enforcement of this section shall be in accordance with the
provisions of § 9.104 .
(5) Application. An application for establishment of a PUD District shall be filed with the Zoning Administrator on
the approved form, and shall be accompanied by an application fee as set forth
in § 9.104 (C)(5). An application shall include a narrative; a vicinity map; an accurately scaled site plan showing the
locations of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas,
landscaping, and other site features; a stormwater management plan; elevation views of all proposed buildings and
structures; and any other information determined by the Zoning Administrator to be necessary.
(6) Approval. Approval of a PUD District plan shall be by ordinance, a simple majority vote, and in full force and
effect from and after 30 days after its passage.
(7) Physical development contract. After City Council approval of a PUD District plan, a physical development
contract shall be required prior to site development. The physical development contract shall reference all the
approved plans and specify permitted uses; allowable densities; development phasing if applicable; required public
improvements; construction commencement and completion dates of the minimum improvements; an irrevocable
letter of credit, or cash deposit in an amount sufficient to ensure the provision or development of public
improvements; and any other requirements determined by the Zoning Administrator to be necessary. The physical
development contract shall be signed by the applicant or an authorized representative within 60 days after its
approval by City Council.
(8) Time limits. An established PUD District shall be validated by the construction commencement of the
minimum improvements pursuant to the physical development contract. If the construction commencement fails to
meet the deadline specified in the physical development contract, the approval of the PUD District plan by the City
Council shall be rendered invalid and void. Notwithstanding the construction commencement time limitations, the
City Council may, at its own discretion, approve an extension by approval of an amendment to the physical
development contract if requested by the applicant in writing.
City of Columbia Heights – Ordinance 1711 Page 134
(C) Areas of flexibility. Development flexibility provided through the establishment of a PUD District will not be
approved in avoidance of the regulations set forth by the primary zoning district. However, if a development is able
to achieve a higher quality of design, efficiency, and technology than what current market conditions allow, the
establishment of a PUD District will provide flexibility to the following areas:
(1) Building heights;
(2) Building materials;
(3) Building and parking setbacks;
(4) Landscaping requirements;
(5) Multiple building placement;
(6) Parking and vehicular requirements;
(7) Public art requirements;
(8) Public spaces;
(9) Signage requirements;
(10) Site density.
(11) Solar, renewable energy systems, and beneficial electrification.
(D) Review procedure.
(1) Pre-application meeting. Prior to filing an application with the Zoning Administrator for the establishment of
a PUD District, the applicant shall meet with city staff for a pre-application meeting. The primary purpose of the pre-
application meeting is to allow the applicant and city staff to discuss land use controls, appropriate uses of the site,
specific development design standards, the application process, and required information that shall be submitted
with an application, as well as evaluating how the development will achieve a higher quality of design, efficiency and
technology in relation to guiding documents.
(2) Development Review Committee. After a completed application has been filed, the Development Review
Committee, comprised of the Zoning Administrator, Building Official, Fire Chief, City Engineer, and his or her
appointee, shall conduct an administrative review of the application. All findings and determinations by the
Development Review Committee shall be forwarded to the Planning Commission.
(3) Neighborhood meeting. Prior to the consideration of a PUD District plan or a major amendment to a PUD
District plan by the Planning Commission, the applicant shall hold a neighborhood meeting within city limits, and
mail a notification of the neighborhood meeting to all property owners and tenants within 350 feet surrounding the
proposed PUD District. The purpose of the meeting is to inform the neighborhood of the proposed development,
and to obtain input from the affected property owners and tenants.
(4) Planning Commission.
(a) Informal public hearing. The Planning Commission shall hold an informal public hearing for the
consideration of a completed application for the establishment of a PUD District in accordance with the
requirements of this section. The Planning Commission shall make the following findings of fact before approving the
establishment of a PUD District:
1. The PUD District plan conforms to all applicable requirements of this article;
2. The PUD District plan is consistent with the applicable provisions of the comprehensive plan;
3. The PUD District plan is consistent with any applicable area plan;
4. The PUD District plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-of-way.
(b) Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the
City Council. The Planning Commission may impose conditions of recommended approval or modifications to any
PUD District plan, and require guarantees deemed necessary to ensure compliance with the requirements of this
section.
(5) City Council.
City of Columbia Heights – Ordinance 1711 Page 135
(a) Formal public hearing. The City Council shall hold a formal public hearing for the consideration of a
completed application for the establishment of a PUD District in accordance with the requirements of this section.
(b) Action. The City Council shall review and consider the recommendations of the Planning Commission, the
Development Review Committee, and the public before approval or denial, in whole or in part, is made for
establishment of the PUD District. A denial shall only be based on findings of fact that the PUD District plan is not in
substantial compliance with the provisions of this section, or if the City Council determines that the proposed
benefits of the development do not justify the requested flexibilities of a PUD District.
(E) Amendments. An approved PUD District plan may not be changed or modified without prior approval by City
Council. A request for an amendment to an approved PUD District plan shall be submitted and reviewed by the
Zoning Administrator to determine if it is a minor or major amendment.
(1) Minor amendments.
1. An amendment shall be deemed minor in nature if a change or modification to the approved PUD District
plan increases or decreases a provision to be in conformance with the primary zoning district; increases the density
of units per acre or gross floor area in any structure by less than or equal to 10%; demolishes or adds an accessory
structure; significantly alters the original intent of the landscape plans or elevation views; or is not determined by
the Zoning Administrator to be major in nature.
2. A minor amendment shall be placed on the consent agenda of City Council without the review by the
Planning Commission. The City Council may remove the minor amendment from the consent agenda for discussion
before approval or denial.
(2) Major amendments.
(a) An amendment shall be deemed major in nature if a change or modification to the approved PUD District
plan increases or decreases a provision to not be in conformance with the primary zoning district; increases the
density of units per acre or gross floor area in any structure by more than 10%; demolishes or adds a principal
structure; alters the placement of buildings or roads; introduces a new use; decreases the amount of public spaces
by more than or equal to 3%, or alters it in such a way to change its original intent; creates a conflict with the original
conditions of recommended approval; eliminates, substantially diminishes, or compromises the original intent of the
PUD District as prescribed in division (A) of this section; or is not determined by the Zoning Administrator to be
minor in nature.
(b) A major amendment shall require the submittal of a revised PUD District plan to the Zoning Administrator
for full review and approval in accordance with the provisions of this section.
(F) Cancellations. An approved PUD District plan shall be cancelled and revoked only upon City Council approving
a resolution rescinding the PUD District. Cancellation of a PUD District plan shall include findings of fact that
demonstrate that the district is no longer necessary due to changes in local regulations; has become inconsistent
with the comprehensive plan of the city; threatens public safety, health, or welfare; or at the request of the
applicant or assignee in writing.
Section 9
The following language for Overlay Districts is added and amened as provided in Section 9.114 of the City Code of
2005, is hereby established to read as follows:
(A) General provisions.
(1) Purpose. Overlay districts are established in recognition of the unique characteristics of land and land use
within certain parts of the city, including those properties within flood-prone areas and shoreland areas. Overlay
districts are further intended to protect the public health, safety, and welfare by preserving environmentally
sensitive and unique areas of the community.
City of Columbia Heights – Ordinance 1711 Page 136
(2) Relationship to other applicable regulations. Property located within an overlay district shall be subject to the
provisions of both the primary zoning district and the overlay district. Where the provisions of the primary zoning
district and the overlay zoning district are in conflict, the most restrictive provisions shall govern.
(3) Establishment of boundaries. Overlay district boundaries shall be as specified in the individual overlay district
regulations.
(4) Establishment of overlay district. The following overlay districts are established:
(a) Floodplain Management Overlay District.
(b) Shoreland Management Overlay District.
(c) Design Overlay District.
(B) Floodplain Management Overlay District.
(1) Statutory authorization, findings of fact and purpose.
(a) Statutory authorization. The legislature of the state has, in M.S. Chapter 103F and Chapter 462 delegated
the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the
City Council of the city, does ordain as follows.
(b) Purpose.
1. This section regulates development in the flood hazard areas of the city. These flood hazard areas are
subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare
by minimizing these losses and disruptions.
2. National Flood Insurance Program compliance. This section is adopted to comply with the rules and
regulations of the National Flood Insurance Program codified as 44 C.F.R. Parts 59 through 78, as amended, so as to
maintain the community's eligibility in the National Flood Insurance Program.
3. This section is also intended to preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect
aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
(2) General provisions.
(a) How to use this section. This section adopts the floodplain maps applicable to the city and includes three
floodplain districts: Floodway, Flood Fringe, and General Floodplain.
1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in
divisions (B)(4) or (B)(5) will apply, depending on the location of a property.
2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are
considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District
standards in division (B)(4) apply unless the floodway boundary is determined, according to the process outlined in
division (B)(6). Once the floodway boundary is determined, the Flood Fringe District standards in division (B)(5) may
apply outside the floodway.
(b) Lands to which section applies. This section applies to all lands within the jurisdiction of the City of
Columbia Heights shown on the Official Zoning Map and/or the attachments to the map as being located within the
boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.
1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on
all existing zoning districts.
2. The standards imposed in the overlay districts are in addition to any other requirements in this section. In
case of a conflict, the more restrictive standards will apply.
(c) Incorporation of maps by reference. The following maps together with all attached material are hereby
adopted by reference and declared to be a part of the Official Zoning Map and this section. The attached material
City of Columbia Heights – Ordinance 1711 Page 137
includes the Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance
Rate Map enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management
Agency. These materials are on file in the Office of the City Planner.
1. 27003C0384E.
2. 27003C0392E.
3. 27003C0403E.
4. 27003C0411E.
(d) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no
lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
(e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood
Insurance Rate Map.
1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field
conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary
location based on the ground elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available technical data.
2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to
present their case to the Board of Adjustment and to submit technical evidence.
(f) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any
existing easements, covenants, or other private agreements. However, where this section imposes greater
restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby
repealed to the extent of the inconsistency only.
(g) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or
land uses permitted within such districts will be free from flooding or flood damages. This section does not create
liability on the part of the city or its officers or employees for any flood damages that result from reliance on this
section or any administrative decision lawfully made hereunder.
(h) Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or
invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force.
(i) Definitions. Unless specifically defined below, words or phrases used in this section must be interpreted
according to common usage and so as to give this section its most reasonable application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term BASE FLOOD ELEVATION is used in
the flood insurance survey.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground
level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed
but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the
official zoning controls or building codes and upon a finding that:
a. Certain conditions as detailed in the zoning ordinance exist.
b. The structure and/or land use conform to the comprehensive land use plan if one exists and are
compatible with the existing neighborhood.
CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or
produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently
mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools,
City of Columbia Heights – Ordinance 1711 Page 138
daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities,
water plants, fuel storage facilities, and waste handling and storage facilities.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or
materials.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that
floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a)-(d). An open type fence of posts and wire is not
considered to be a structure under this section. Fences that have the potential to obstruct flood flows, such as chain
link fences and rigid walls, are regulated as structures under this section.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results
in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be
equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the
term "floodway fringe" used in the Flood Insurance Study for Anoka County, Minnesota.
FLOOD PRONE AREA . Any land susceptible to being inundated by water from any source (see FLOOD).
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or
hereafter may be covered by the regional flood.
FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement
area, is not considered a building's lowest floor.
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."
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "regional flood" (see definition).
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at
the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is
designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use. For the purposes of this section, the term RECREATIONAL VEHICLE is synonymous with the
term "travel trailer/travel vehicle."
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the
City of Columbia Heights – Ordinance 1711 Page 139
magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation
of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result
from designation of a floodway.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year
period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of
the market value of the structure before the damage occurred.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "one hundred
year floodplain."
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities,
including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes,
recreational vehicles not meeting the exemption criteria specified in division (B)(9)(b)2. of this section and other
similar items.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the
structure to its before damaged condition would equal or exceed 50% of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair
work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's
continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in
44 C.F.R. Part 59.1.
(j) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(2)(c) above may
include floodplain areas that lie outside of the corporate boundaries of the City of Columbia Heights at the time of
adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of
this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon
the date of annexation.
(3) Establishment of zoning districts.
(a) Districts.
1. Floodway District. The Floodway District includes those areas designated as floodway on the Flood
Insurance Rate Map adopted in division (B)(2)(c). For lakes, wetlands and other basins, the Floodway District
includes those areas designated as Zone A on the Flood Insurance Rate Map that are at or below the ordinary high
water level as defined in M.S. § 103G.005, subd. 14.
2. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the
Flood Insurance Rate Map adopted in division (B)(2)(c), as being within Zone AE but being located outside of the
floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District
includes those areas designated as Zone A on the Flood Insurance Rate Map panels adopted in division (B)(2)(c) that
are below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in
M.S. § 103G.005, subd. 14.
City of Columbia Heights – Ordinance 1711 Page 140
3. General Floodplain District. The General Floodplain District includes those areas designated as Zone A or
Zone AE without a floodway on the Flood Insurance Rate Map adopted in division (B)(2)(c), but not subject to the
criteria in divisions (B)(3)(a)1. and 2. above.
(b) Compliance. Within the floodplain districts established in this section, the use of any land, the use, size,
type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and
waste treatment facilities, and the subdivision of land must comply with the terms of this section and other
applicable regulations. All uses not listed as permitted uses or conditional uses in division (B)(4), (5) and (6),
respectively, are prohibited. In addition, a caution is provided here that:
1. New and replacement manufactured homes and certain recreational vehicles are subject to the general
provisions of this section and specifically division (B)(9).
2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to
existing nonconforming structures and nonconforming uses of structures or land are regulated by the general
provisions of this section and specifically division (B)(11).
3. All structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
4. As-built elevations for elevated or floodproofed structures must be certified by ground surveys and flood-
proofing techniques must be designed and certified by a registered professional engineer or architect as specified in
the general provisions of this ordinance and specifically as stated in division (B)(10) of this section.
5. Critical facilities, as defined in division (B)(2)(i), are prohibited in all floodplain districts.
(4) Floodway District (FW).
(a) Permitted uses. The following uses, subject to the standards set forth in division (B)(4)(b), are permitted
uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
2. Industrial-commercial loading areas, parking areas, and airport landing strips.
3. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational
trails.
4. Residential lawns, gardens, parking areas, and play areas.
5. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of
Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the
standards in divisions (B)(4)(d)1., (d)3.a. and (d)6. of this section are met.
(b) Standards for floodway permitted uses.
1. The use must have a low flood damage potential.
2. With the exception of the uses listed in division (B)(4)(a)5., the use must not obstruct flood flows or
increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or
equipment.
3. Any facility that will be used by employees or the general public must be designed with a flood warning
system that provides adequate time for evacuation if the area is inundated to a depth
and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of
four upon occurrence of the regional (1% chance) flood.
(c) Conditional uses. The following uses may be allowed as conditional uses following the standards and
procedures set forth in division (B)(10)(d) of this section and further subject to the standards set forth in division
(B)(4)(d), if otherwise allowed in the underlying zoning district or any applicable overlay district.
City of Columbia Heights – Ordinance 1711 Page 141
1. Structures accessory to the uses listed in division (B)(4)(a) above and the uses listed in division (B)(4)(c)2.
through 7. below.
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, wharves, and water control structures.
4. Storage yards for equipment, machinery, or materials.
5. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in division
(B)(2)(i), are permitted uses.
6. Travel-ready recreational vehicles meeting the exception standards in division (B)(9)(b).
7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the
ten-year frequency flood event.
(d) Standards for floodway conditional uses.
1. All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or
cause an increase in flood damages in the reach or reaches affected.
2. Fill; storage of materials and equipment.
a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected
from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel
operations and similar uses must be covered by a long-term site development plan.
c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage
of the 1% chance or regional flood may only be allowed if the City Council has approved a plan that assures removal
of the materials from the floodway based upon the flood warning time available.
3. Accessory structures.
a. Accessory structures must not be designed for human habitation.
b. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the
minimum obstruction to the flow of flood waters:
i. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of
flood flow; and
ii. So far as practicable, structures must be placed approximately on the same flood flow lines as those of
adjoining structures.
c. Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP-1
or FP-2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the
following additional standards:
i. The structure must be adequately anchored to prevent flotation, collapse or lateral movement and
designed to equalize hydrostatic flood forces on exterior walls; and
ii. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory
flood protection elevation or properly floodproofed.
d. As an alternative, an accessory structure may be internally/wet floodproofed to the FP-3 or FP-4
floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal
investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles
and limited storage. All structures must meet the following standards:
i. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic"
openings in the outside walls of the structure, with a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding; and
City of Columbia Heights – Ordinance 1711 Page 142
ii. There must be openings on at least two sides of the structure and the bottom of all openings must be
no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a
garage door prior to flooding will not satisfy this requirement for automatic openings.
4. Structural works for flood control that will change the course, current or cross section of protected
wetlands or public waters are subject to the provisions of M.S. § 103G.245.
5. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or
regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system.
(5) Flood Fringe District (FF).
(a) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning
district(s) that comply with the standards in division (B)(5)(b). If no pre-existing, underlying zoning districts exist,
then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not
constitute a public nuisance.
(b) Standards for flood fringe permitted uses.
1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined,
is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower
than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least
15 feet beyond the outside limits of the structure.
a. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of
floodwaters.
b. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and
that does not exceed 576 square feet in size may be internally floodproofed in accordance with division (B)(4)(d)3.
2. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless
the fill is specifically intended to elevate a structure in accordance with division (B)(5)(b)1. of this section, or if
allowed as a conditional use under division (B)(5)(c)3. below.
3. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection
elevation.
4. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
5. Fill must be properly compacted and the slopes must be properly protected by the use of riprap,
vegetative cover or other acceptable method.
6. All new principal structures must have vehicular access at or above an elevation not more than two feet
below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan
acceptable to the City Council.
7. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the
regulatory flood protection elevation. However, any facilities used by employees or the general public must be
designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth
and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of
four upon occurrence of the regional (1% chance) flood.
8. Interference with normal manufacturing/industrial plant operations must be minimized, especially along
streams having protracted flood durations. In considering permit applications, due consideration must be given to
the needs of industries with operations that require a floodplain location.
9. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system.
10. Manufactured homes and recreational vehicles must meet the standards of division (B)(9) of this section.
City of Columbia Heights – Ordinance 1711 Page 143
(c) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the
underlying zoning district(s) or any applicable overlay district, following the procedures in division (B)(10)(d) of this
section. Conditional uses must meet the standards in divisions (B)(5)(b)4. through 10. and division (B)(5)(d).
1. Any structure that is not elevated on fill or floodproofed in accordance with division (B)(5)(b)1. of this
section.
2. Storage of any material or equipment below the regulatory flood protection elevation.
3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a
structure in accordance with division (B)(5)(b)1. of this section.
(d) Standards for flood fringe conditional uses.
1. The standards listed in divisions (B)(5)(b)4. through 10. apply to all conditional uses.
2. Basements, as defined by division (B)(2)(i) of this section, are subject to the following:
a. Residential basement construction is not allowed below the regulatory flood protection elevation.
b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the
basement is structurally dry floodproofed in accordance with division (B)(5)(d)4. of this section.
3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood
protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the
State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the
State Building Code, which requires making the structure watertight with the walls substantially impermeable to the
passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted.
4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for
the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a
minimum of the regional (1% chance) flood event.
b. The plan must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the City Council.
c. The plan may incorporate alternative procedures for removal of the material from the floodplain if
adequate flood warning time exists.
5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an
approved emergency plan providing for removal of such materials within the time available after a flood warning.
6. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest
floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts,
pilings, parallel walls, and the like, or above-grade, enclosed areas such as crawl spaces or tuck under garages. The
base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if:
1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is
constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage.
The above-noted alternative elevation methods are subject to the following additional standards:
a. Design and certification. The structure's design and as-built condition must be certified by a registered
professional engineer or architect as being in compliance with the general design standards of the State Building
Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water
from entering or accumulating within these components during times of flooding.
b. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl
spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
City of Columbia Heights – Ordinance 1711 Page 144
i. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing
technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all
openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of
not less than one square inch for every square foot of enclosed area subject to flooding unless a registered
professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be
equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry
and exit of flood waters without any form of human intervention; and
ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.
(6) General Floodplain District (GF).
(a) Permitted uses.
1. The uses listed in division (B)(4)(a) of this section, Floodway District permitted uses, are permitted uses.
2. All other uses are subject to the floodway/flood fringe evaluation criteria specified in division (B)(6)(b)
below. Division (B)(4) applies if the proposed use is determined to be in the Floodway District. Division (B)(5) applies
if the proposed use is determined to be in the Flood Fringe District.
(b) Procedures for floodway and flood fringe determinations.
1. Upon receipt of an application for a permit or other approval within the General Floodplain District, the
Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data
available from a federal, state, or other source.
2. If regional flood elevation and floodway data are not readily available, the applicant must furnish
additional information, as needed, to determine the regulatory flood protection elevation and whether the
proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted
hydrological and hydraulic engineering standards and the standards in division (B)(6)(b)3. below.
3. The determination of floodway and flood fringe must include the following components, as applicable:
a. Estimate the peak discharge of the regional (1% chance) flood.
b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream
channel and overbank areas.
c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages
more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase,
increased flood damages would result. An equal degree of encroachment on both sides of the stream within the
reach must be assumed in computing floodway boundaries.
4. The Zoning Administrator will review the submitted information and assess the technical evaluation and
the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative
effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this
assessment, the Zoning Administrator may approve or deny the application.
5. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator
must process the permit application consistent with the applicable provisions of divisions (B)(4) and (5) of this
section.
(7) Land development standards.
(a) In general. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the
requirements of this section apply to all land within the City of Columbia Heights.
(b) Subdivisions. No land may 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.
City of Columbia Heights – Ordinance 1711 Page 145
1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway
District at or above the regulatory flood protection elevation.
2. All subdivisions must 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 (1% chance) flood has been approved by the City Council.
The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that
adequate time and personnel exist to carry out the evacuation.
3. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory
flood protection elevation and the required elevation of all access roads must be clearly labeled on all required
subdivision drawings and platting documents.
4. In the General Floodplain District, applicants must provide the information required in division (B)(6)(b) of
this section to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the
regulatory flood protection elevation for the subdivision site.
5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal
must be reviewed to assure that:
a. All such proposals are consistent with the need to minimize flood damage within the flood prone area;
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and
constructed to minimize or eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure of flood hazard.
(c) Building sites. If a proposed building site is in a flood prone area, all new construction and substantial
improvements (including the placement of manufactured homes) must be:
1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. Constructed with materials and utility equipment resistant to flood damage;
3. Constructed by methods and practices that minimize flood damage; and
4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(8) Public utilities, railroads, roads, and bridges.
(a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be
located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the
regulatory flood protection elevation.
(b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must
comply with divisions (B)(4) and (5) of this section. These transportation facilities must be elevated to the regulatory
flood protection elevation where failure or interruption of these facilities would result in danger to the public health
or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or interruption of transportation services would not
endanger the public health or safety.
(c) On-site 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 infiltration of flood waters into the systems; and 2)
New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into flood waters and they must not be subject to
impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with
the state's current statewide standards for on-site sewage treatment systems is considered to be in compliance with
this section.
(9) Manufactured homes, manufactured home parks, and recreational vehicles.
City of Columbia Heights – Ordinance 1711 Page 146
(a) Manufactured homes. New manufactured home parks and expansions to existing manufactured home
parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following
requirements apply:
1. Placement or replacement of manufactured home units is prohibited in the Floodway District.
2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to
the requirements of division (B)(5) of this section and the following standards.
a. New and replacement manufactured homes must be elevated in compliance with division (B)(5) of this
section and 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.
b. New or replacement manufactured homes in existing manufactured home parks must meet the
vehicular access requirements for subdivisions in division (B)(7)(b)2.
(b) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing
recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational
vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria
below or be treated as new structures meeting the requirements of this section.
1. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the
following areas and meet the criteria listed in division (B)(9)(b)2.:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium-type associations.
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 campgrounds 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, underlying zoning district.
e. Accessory structures are not permitted within the Floodway District. Any accessory structure in the
Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the
requirements applicable to manufactured homes in division (B)(9)(b)2.
f. An accessory structure must constitute a minimal investment.
3. Recreational vehicles that are exempt in division (B)(9)(b)2. lose this exemption when development occurs
on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The
recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and
floodproofing requirements of division (B)(5) of this section. No development or improvement on the parcel or
attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding
occur.
(10) Administration.
(a) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must
administer and enforce this section.
(b) Permit requirements.
1. Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the
following activities:
City of Columbia Heights – Ordinance 1711 Page 147
a. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion
thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other
planned work, constitutes a substantial improvement as defined in this section.
b. The use or change of use of a building, structure, or land.
c. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm
fence as defined in this section.
d. The change or extension of a nonconforming use.
e. The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
f. The placement of fill, excavation of materials, or the storage of materials or equipment within the
floodplain.
g. Relocation or alteration of a watercourse - including new or replacement culverts and bridges, unless a
public waters work permit has been applied for.
h. Any other type of "development" as defined in this section.
2. Application for permit. Permit applications must be submitted to the Zoning Administrator on forms
provided by the Zoning Administrator. The permit application must include the following as applicable:
a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant
natural features having an influence on the permit.
b. Location of fill or storage of materials in relation to the stream channel.
c. Copies of any required municipal, county, state or federal permits or approvals.
d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the
permit application.
3. Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure
may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning
Administrator stating that the use of the building or land conforms to the requirements of this section.
4. Certification. The applicant is required to submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in
compliance with the provisions of this section. Floodproofing measures must be certified by a registered
professional engineer or registered architect.
5. Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the
lowest floor (including basement) of all new structures and alterations or additions to existing structures in the
floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
6. Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or
stream, the Zoning Administrator must notify adjacent communities. If the
applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate
notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency
Management Agency (FEMA).
7. Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is
practicable, but not later than six months after the date such supporting information becomes available, the Zoning
Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
(c) Variances.
1. Variance applications. An application for a variance to the provisions of this section will be processed and
reviewed in accordance with applicable state statutes and § 9.104(G) of the Zoning Ordinance.
City of Columbia Heights – Ordinance 1711 Page 148
2. Adherence to state floodplain management standards. A variance must not allow a use that is not allowed
in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the
particular area, or permit standards lower than those required by state law.
3. Additional variance criteria. The following additional variance criteria of the Federal Emergency
Management Agency must be satisfied:
a. Variances must not be issued by a community within any designated regulatory floodway if any increase
in flood levels during the base flood discharge would result.
b. Variances may only be issued by a community upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
and
iii. A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
c. Variances may only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
4. Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
b. Such construction below the base or regional flood level increases risks to life and property. Such
notification must be maintained with a record of all variance actions.
5. General considerations. The community may consider the following factors in granting variances and
imposing conditions on variances and conditional uses in floodplains:
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 to 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;
k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters
expected at the site.
6. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator
must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days'
notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
7. Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the
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.
City of Columbia Heights – Ordinance 1711 Page 149
8. Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including
justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of
the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(d) Conditional uses.
1. Administrative review. An application for a conditional use permit under the provisions of this section will
be processed and reviewed in accordance with § 9.104(H) of the Zoning Ordinance.
2. Factors used in decision-making. In passing upon conditional use applications, the City Council must
consider all relevant factors specified in other sections of this section, and those factors identified in division
(B)(10)(c)5. of this section.
3. Conditions attached to conditional use permits. The City Council may attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may
include, but are not limited to, the following:
a. Modification of waste treatment and water supply facilities.
b. Limitations on period of use, occupancy, and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other
protective measures.
e. Floodproofing measures, in accordance with the State Building Code and this section. The applicant must
submit a plan or document certified by a registered professional engineer or architect that the floodproofing
measures are consistent with the regulatory flood protection elevation and associated flood factors for the
particular area.
4. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator
must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten
days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
5. Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded
to the 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.
(11) (a) Nonconformities.
(b) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the
passage or amendment of this section but which is not in conformity with the provisions of this section may be
continued subject to the following conditions. Historic structures, as defined in division (B)(2)(i) of this section, are
subject to the provisions of divisions (B)(11)(b)1. through 6. of this section.
1. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a
way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division
(B)(11)(b)2. below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result
in increasing its flood damage potential must be protected to the regulatory flood protection elevation in
accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in divisions (B)(11)(b)3. and 7.
below.
3. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any
nonconforming structure, then the entire structure must meet the standards of division (B)(4) or (5) of this section
for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
City of Columbia Heights – Ordinance 1711 Page 150
The cost of all structural alterations and additions must include all costs such as construction materials and a
reasonable cost placed on all manpower or labor.
4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one
year, any future use of the premises must conform to this section. The Assessor must notify the Zoning
Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one
year.
5. If any nonconformity is substantially damaged, as defined in division (B)(2)(i) of this section, it may not be
reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing
new uses or new structures in divisions (B)(4) or (5) will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
6. If any nonconforming use or structure experiences a repetitive loss, as defined in division (B)(2)(i) of this
section, it must not be reconstructed except in conformity with the provisions of this section.
7. Any substantial improvement, as defined in division (B)(2)(i) of this section, to a nonconforming structure
requires that the existing structure and any additions must meet the requirements of division (B)(4) or (5) of this
section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
(12) Penalties and enforcement.
(a) Violation constitutes a misdemeanor. Violation of the provisions of this section or failure to comply with
any of its requirements (including violations of conditions and safeguards established in connection with grants of
variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(b) Other lawful action. Nothing in this section restricts the city from taking such other lawful action as is
necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning
Administrator within the specified period of time, each additional day that lapses will constitute an additional
violation of this section and will be prosecuted accordingly.
(c) Enforcement. In responding to a suspected ordinance violation, the Zoning Administrator and City Council
may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines,
injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance
Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these
official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the
National Flood Insurance Program.
1. When a violation is either discovered by or brought to the attention of the Zoning Administrator, the
Zoning Administrator shall immediately investigate the situation and document the nature and extent of the
violation of the official control. As soon as it is reasonably possible, this information will be submitted to the
appropriate State Department of Natural Resources and Federal Emergency Management Agency regional office
along with the city's plan of action to correct the violation to the degree possible.
2. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other
official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is
under construction or development, the Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the construction or development is
already completed, the Zoning Administrator may either:
a. Issue an order identifying the corrective actions that must be made within a specified time period to
bring the use or structure into compliance with the official controls; or
b. Notify the responsible party to apply for an after the fact permit/development approval within a
specified period of time not to exceed 30 days.
(13) Amendments.
(a) Floodplain designation - restrictions on removal. The floodplain designation on the Official Zoning Map
must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area
City of Columbia Heights – Ordinance 1711 Page 151
has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands
outside the floodplain. Special exceptions to this rule 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) Amendments require DNR approval. All amendments to this section must be submitted to and approved by
the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must
approve the amendment prior to community approval.
(c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to
incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in division
(B)(2)(c) of this section.
(C) Shoreland Management Overlay District.
(1) Purpose.
(a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only
by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best
interests of the public health, safety and welfare to provide for the wise use and development of shorelands of
public waters.
(b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and
policies contained in M.S. Chapter 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the
planning and zoning enabling legislation in M.S. Chapter 462.
(c) Jurisdiction. The provisions of this division shall apply to shorelands of the public water bodies as classified
in subdivision (4)(b) of this division. A body of water created by a private user where there was no previous
shoreland may, at the discretion of the governing body, be exempt from this code.
(d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and
location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation
shall be in full compliance with the terms of this code and other applicable regulations.
(e) District application. The Shoreland Overlay District shall be superimposed (overlaid) upon all the zoning
districts as identified in Chapter 9 of this code as existing or amended by the text and map of this code. The
regulations and requirements imposed by the Shoreland Overlay District shall be in addition to those established by
the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive
requirements shall apply.
(f) Exemptions.
1. A structure or use which was lawful before adoption of this article, but which is not in conformity with the
provisions of the Shoreland Overlay District, may be continued subject to § 9.105 of this code.
2. A property located within the Shoreland Overlay District that does not drain into a body of water listed in
subdivision (4)(b) of this division.
(2) District boundaries. The boundaries of the Shoreland Overlay District within the city consist of the first tier of
riparian lots abutting a protected lake or tributary identified in subdivision (4)(b) of this division. The specific
boundaries of the Shoreland Overlay District are shown on the official Shoreland Overlay District Map in the Zoning
Code.
(3) Definitions. For the purpose of this division, certain terms and words are hereby defined: Words use in the
present tense shall include the future; words in the singular include the plural, and the plural the singular; the
word BUILDING shall include the word STRUCTURE; and the word LOT shall include the word PLOT; and the
word SHALL is mandatory and not directory; and the word INCLUDING shall mean "including, but not limited to". For
the purpose of this district, the following definitions shall apply:
ACCESSORY BUILDING. A subordinate building or use, which is located on the same, lot as the principal building
or use and is necessary or incidental to the conduct of the principal building or use.
City of Columbia Heights – Ordinance 1711 Page 152
COMMISSION. The City of Columbia Heights Planning Commission.
COMMISSIONER. The Commissioner of the Department of Natural Resources of the State of Minnesota.
COUNCIL. The Columbia Heights City Council.
DEVELOPMENT. The making of any material change in the use or appearance of any structure of land including
reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river,
stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition
of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a
parcel of land; the dividing of land into two or more parcels.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the
soil, and causes water to run off the surface in greater quantities and at an increase rate of flow than existed prior to
development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete,
asphalt roads and gravel areas.
LOT COVERAGE. The amount of impervious surface on a lot.
ORDINARY HIGH WATER LEVEL. M.S. § 103G.005, subd. 14 defines ordinary high water level as the boundary of
waterbasins, watercourses, public waters, and public waters wetlands and:
1. The ordinary high water level is an elevation delineating the highest water level that has been maintained
for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural
vegetation changes from predominately aquatic to predominately terrestrial;
2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and
3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer
pool.
SHORELAND. Land located within the following distances from the ordinary high water elevation of public
waters:
1. Land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and
2. Land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on
the river or stream, whichever is greater.
SHORE IMPACT ZONE. The area between the ordinary high water mark and 50 feet inland from the ordinary
high water mark.
STRUCTURE. Anything constructed or erected which requires location on or underground or attachment to
something having location on or underground. This includes an edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner, whether of a temporary or
permanent character.
(4) Shoreland classification system.
(a) Public waters. The public waters of the city have been classified below consistent with the criteria found in
Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County,
Minnesota.
(b) Official Map. The shoreland permit district for the waterbodies listed below shall be shown on the
Columbia Heights Map.
Recreational Development Lakes Protected Waters Inventory ID. #
Silver Lake 83P
General Development Lakes Protected Waters Inventory I.D. #
Sullivan Lake 80P
City of Columbia Heights – Ordinance 1711 Page 153
Highland Lake 79P
Hart Lake 81P
Clover Pond 686W
LaBelle Pond 687P
(5) Administration.
(a) Building permit required. A permit is required for the construction of buildings or building additions (and
including such related activities as construction of decks and signs), and those grading and filling activities not
exempted by this code that occur within the shoreland district. Application for a building permit shall be filed with
the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the
city, accompanied by a fee as set forth in Chapter 6, Article II of the city code. Where required by law, the building
permit application shall be forwarded to the applicable watershed district for review and comment. The application
shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the
intended use.
(b) Variance. Variances may only be granted in accordance with § 9.104(G) of this code. A variance may not
circumvent the general purposes and intent of this code. No variance may be granted that would allow any use that
is prohibited in the underlying zoning district in which the subject property is located.
(c) Conditional use permit. Conditional use permits may only be granted in accordance with § 9.014(H) of this
code. Conditional use permits are required to ensure specific development standards within the Shoreland Overlay
Districts.
(d) Notifications to the Department of Natural Resources.
1. Public hearings. Copies of all notices of any public hearings to consider variances, amendments,
conditional uses, or special uses under local shoreland management controls must be sent to the Commissioner or
the Commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of
hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
2. Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances
and conditional use permits under local shoreland management controls must be sent by the city to the
Commissioner or the Commissioner's designated representative and postmarked within ten days of the final action.
(6) Land use district descriptions. Allowed land uses within the Shoreland District shall be determined by the
underlying zoning district, as listed within Chapter 9 of the city code.
(7) Lot area and width standards. Lot area and width standards for residential development shall be regulated
per the underlying zoning district in Chapter 9 of the city code.
(8) Placement, design, and height of structures.
(a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities
must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed
building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the
ordinary high water level, provided the proposed building site is not located in a shore impact zone. Structures shall
be located as follows:
1. Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying
zoning district.
2. Ordinary high water level setback. Structure setbacks (in feet) from the ordinary high water level are:
Classes of Public Waters Structure Setbacks
General Development Lake 50 feet
City of Columbia Heights – Ordinance 1711 Page 154
Recreational Development Lake 75 feet
3. Height of structures. Maximum allowable height for all structures shall be regulated per underlying zoning
districts in Chapter 9 of the city code.
(b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into
public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
1. Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed.
b. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and
trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the
placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted
water-oriented accessory structures or facilities provided that:
(i) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer,
leaf-on conditions, is not substantially reduced.
(ii) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead,
diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed
Law.
2. Building permit. Grading and filling and excavations necessary for the construction of structures and
driveways under validly issued building permits for these facilities do not require the issuance of a separate
shoreland grading and filling permit.
3. Conditional use permit. Notwithstanding subdivision 2 above, a conditional use permit will be required for
those properties located in the Shoreland Overlay District for:
a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property
zoned R-1, R-2A or R-2B.
b. Placement, removal or grading of more than 500 cubic yards of earthen material on undeveloped
property zoned R-1, R-2A or R-2B.
c. Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3,
R-4 or LB.
d. Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoned
GB, CBD, I-1, I-2, MXD, or PO.
4. Land alteration permit. Notwithstanding subdivision 2 above, a land alteration permit will be required for:
a. The movement of more than ten cubic yards of material on steep slopes or within shore impact zones.
b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones.
5. Conditions. The following considerations and conditions must be adhered to during the issuance of
building permits, land alteration permits, variances, conditional use permits, and subdivision approvals:
a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed
activity would affect the following functional qualities of the wetland (This evaluation shall also include a
determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other
local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the
United States Army Corps of Engineers):
(i) Sediment and pollutant trapping and retention.
(ii) Storage of surface runoff to prevent or reduce flood damage.
(iii) Fish and wildlife habitat.
(iv) Recreational use.
City of Columbia Heights – Ordinance 1711 Page 155
(v) Shoreline or bank stabilization.
(vi) Noteworthiness, including special qualities such as historic significance, critical habitat for
endangered plants and animals, or others.
b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare
ground is exposed for the shortest time possible.
c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a
permanent vegetation cover must be established as soon as possible.
d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature
must be used.
e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office
technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
f. Fill or excavated material must not be placed in a manner that creates an unstable slope.
g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for
continued slope stability and must create finished slopes of less than 3:1 slope.
h. Any alterations below the ordinary high water level of public waters must first be authorized by the
Commissioner under M.S. § 103G.245.
i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and
do not adversely affect adjacent or nearby properties.
j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter
blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward
extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the
ordinary high water level does not exceed three feet. Must be done in accordance with other state and federal
regulations. A permit from the DNR is required.
6. Connections to public waters. Excavations where the intended purpose is connection to a public water,
such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for
excavations may be given only after written authorization has been obtained from the Minnesota Department of
Natural Resources approving the proposed connection to public waters.
(c) Stormwater management. The following general and specific standards shall apply:
1. General standards.
a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to
convey, store, filter, and retain stormwater runoff before discharge to public waters.
b. Development must be planned and conducted in a manner that will minimize the extent of disturbed
areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods
used to retain sediment on the site.
c. When development density, topographic features, and soil and vegetation conditions are not sufficient
to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities
such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be
given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials
and facilities.
2. Specific standards.
a. Impervious surface lot coverage shall not exceed 35% of the lot area for all zoning districts with
exception of the CBD, Central Business District in which impervious surface lot coverage shall not exceed 90%. These
requirements may be amended through the variance process and shall comply with the following standards:
(i) All structures, additions or expansions shall meet setback and other requirements of this code.
(ii) The lot shall be served with municipal sewer and water.
City of Columbia Heights – Ordinance 1711 Page 156
(iii) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of
the city code if determined that the site improvements will result in increased runoff directly entering a public
water. All development plans shall require review and approval by the City Engineer and the underlying watershed
district.
(iv) Measures will be taken for the treatment of stormwater runoff and/or prevention of stormwater
from directly entering a public water. The measures may include, but not limited to the following:
A. Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps.
B. Installation of debris guards and microsilt basins on store sewer inlets.
C. Use where practical, oil skimming devices or sump catch basins.
D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of
gutters and down spouts.
E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural
earth or other pervious material beneath or between the planking.
F. Use grading and construction techniques that encourage rapid infiltration, such as sand and gravel
under impervious materials with adjacent infiltration swales graded to lead into them.
G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the
pervious area.
b. When constructed facilities are used for stormwater management, documentation must be provided by
a qualified individual that the constructed facilities are designed and installed consistent with the field office
technical guide for the local soil and water conservation districts.
c. Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended
solids and skimming or surface debris before discharge.
3. Nonconformities. All legally established nonconformities as of the date of this section may continue, but
they will be managed according to § 9.105 of this code with the following exceptions:
a. Decks are allowed as a conforming use provided all of the following criteria and standards are met:
(i) The principal structure existed on the date the structure setbacks were established.
(ii) No other reasonable location for the deck exists.
(iii) The deck encroachment toward the ordinary high water level maintains a minimum setback in
accordance with applicable code sections and a maximum encroachment of ten feet into the Shore Impact Zone.
(9) Public nuisance: penalty.
(a) Any person who violates any provisions of this district or fails to comply with any of its terms or
requirements shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisoned for not
more than 90 days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each
day the violation continues shall be considered a separate offence.
(b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this division
is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof
abated by appointed judicial action.
(c) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to
prevent, remedy or remove any violation.
(D) Design Overlay District.
(1) Purpose. The Design Overlay Districts are established to increase the visual appeal and pedestrian
orientation of certain major street corridors within the city, thereby increasing the economic vitality of these
corridors, and to support the goals of the comprehensive plan, Energy Action Plan, Safe Streets for All, and the City’s
Complete Streets Policy.
(2) Establishment. The following Design Overlay Districts are established.
City of Columbia Heights – Ordinance 1711 Page 157
(a) Central Avenue Design District. The Central Business District, extending from 37th to 42nd Avenues,
includes a number of historic or architecturally interesting buildings, including the Heights Theatre. Most office and
storefront buildings meet the sidewalk, while shopping centers and franchise buildings are set back behind parking
lots. Architectural styles are diverse, from historic commercial or Mediterranean Revival (the theater) to 20th
century modern. Several off-street ramps help to reduce the need for surface parking. Recent streetscape
improvements and developments of the Public Safety building as well as the mixed-use City Hall redevelopment
project have enhanced the pedestrian character of this district. This district contains numerous neighborhood
oriented multi-tenant shopping centers including restaurants, personal and professional services, retail, and multi-
family developments. Redevelopment of the City’s Public Safety and City Hall has contributed to the character of this
district.
(b) 40th Avenue Design District. Fortieth Avenue has its own character, combining housing with institutions
such as City Hall John P. Murzyn Hall, smaller commercial businesses including restaurants, multi-tenant buildings
with professional and personal services, as well as housing and places of worship. Commercial buildings tend to be
single-story, set back 5 to 10 feet from the sidewalk, and have extremely limited parking options that causes some
properties to have legal nonconforming status. Housing is predominantly single-family, although additional
townhouse and multifamily development is envisioned in the Downtown Master Plan (2000). Future redevelopment
and reconfiguration of 40th should take into consideration of the parking needs of the existing businesses and seek
opportunities to enhance street parking.
(c) Highway Design District. The Highway District extends along Central Avenue from 42nd Avenue north to the
City boundary. This segment has a distinctly different character than the CBD: most buildings are set far back from
the street behind large parking lots or along frontage roads. Central Avenue is a six-lane highway through most of
this area, and the road width and traffic speeds combine to make the area less pedestrian-friendly. The Highway
District has issues related to stormwater quality and quantity that are apparent when there is significant or torrential
rainfalls. With these conditions in mind for future redevelopment and reconfiguration of Central Avenue, Complete
Streets elements shall be implemented when these are feasible and there are identified conflict points, stormwater
issues, areas that are “under-lit”, barriers to pedestrian/bicyclist movements, or referenced in guiding documents
such as Complete Streets, ADA Transition Plan, and Safe Streets for All.
(3) Design guidelines. The city design guidelines shall apply to development within the design districts. The city
design guidelines are hereby incorporated into this section by reference in order to:
(a) Guide developers or business owners wishing to propose expansions, renovations or new construction of
buildings or parking within the design districts; and
(b) Assist city officials and staff in reviewing development proposals.
(c) Support the implementation of city-wide guiding documents and standards.
(4) Applicability of design guidelines.
(a) Design guidelines shall apply to all nonresidential, mixed-use and/or multi-family buildings, and to the
following activities:
1. New construction;
2. Any exterior changes, including repainting, with the exception of replacement or repair of existing
materials;
3. Any internal remodeling or expansion activity that increases the overall size of the building by 10% or
more;
4. Any development or expansion of parking areas that would result in a lot with more than four parking
spaces; and
5. Minor alterations such as repainting, and the installation of new signage on existing buildings may be
handled administratively, as determined by the City Planner.
City of Columbia Heights – Ordinance 1711 Page 158
(b) The guidelines are intended to be mandatory. It is assumed that the intent of the guidelines shall be met;
however, it is understood that there may be ways to achieve the same design objective. The city may permit
alternative approaches that in its determination, meet the objective(s) of the guideline(s) equally well.
(c) The guidelines shall apply only to the building or site elements being developed or altered. That is, a
proposal for changes to a building would be required to meet only those standards that pertain to buildings, while
changes to a parking area would be required to meet all standards for parking areas, but not for buildings. The City
Planner will make the initial determination as to which standards are applicable.
(d) Design review shall be conducted as part of the site plan review process, as specified in § 9.104.
Section 10
The following language for Public and Open Space Districts is added and amended as provided in Section 9.115 of
the City Code of 2005, is hereby established to read as follows:
(A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the
city to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for
future development to ensure that development will be staged to maintain reasonable economy in public
expenditures for public utilities and services. Permitted, conditional, and accessory uses can be found in City Code
9.106 General Development Standards (S) Table of Uses.
(B) General provisions.
(1) Compliance with applicable regulations. Any use established in a public district after the effective date of this
article shall comply with all applicable local, state and federal standards for such uses.
(2) Administration. The administration and enforcement of this article shall be in accordance with the provisions
of § 9.104, Administration and Enforcement.
(3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to
the provisions of § 9.105, Nonconformities.
(4) Compliance with general development standards. Any use established, expanded or modified in a public
district after the effective date of this article shall comply with the applicable provisions of § 9.106, General
Provisions, including the Table of Uses defining the allowed uses in the Public and Open Space district.
(5) Compliance with specific development standards. Any use established, expanded or modified in a public
district after the effective date of this article that is identified in § 9.107, Specific Development Standards, shall
comply with the applicable provisions of that article.
(C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses
in the public district shall be as specified in the following table:
Public and Open Space
Minimum Lot Area
All uses None
Minimum Lot Width
All uses None
Building Setbacks
Front yard 25 feet
Side yard 5 feet
Corner side yard 10 feet
Rear yard 20% of lot depth