GENERAL DISTRICT PROVISIONS

§ 150.020  ESTABLISHMENT OF DISTRICTS.

 

 The following zoning districts are hereby established within the City.

A-O     Agricultural-Open Space District

R-1      General Residential District

B-1      General Business District

I-1       General Industrial District

 

 

§ 150.021  MAP. 

 

The location and boundaries of the districts established by this Ordinance are hereby set forth on the zoning maps entitled "Zoning Map," a copy of which is on file with the City Clerk.  Said maps and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this Ordinance by reference.

 

 

§ 150.022  ANNEXATION & DETACHMENT.  

 

In the event of changes in the City limits by adding or removing territory from the City, district boundaries shall be constructed or removed by moving the City limits.

 

 

§ 150.023  ZONING DISTRICT BOUNDARIES.

 

(A)             Boundaries indicated as approximately following the center lines of streets, highways, alleys, or railroad lines shall be construed to follow such center lines.

 

(B)              Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

 

(C)              Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in shore line shall be constructed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, lakes, or other bodies of water shall be construed to following such center lines.

 

(D)             Boundaries indicated as approximately following the city limits shall be construed as following such city limits.

 

(E)              Where a district boundary line divides a lot which was in a single ownership at the time of passage of this Ordinance, the extension of the regulations for either portion of the lot may be interpreted by the Planning Commission upon request of the owner.

 

 

(F)               The exact location of all district boundaries shall be interpreted by the Planning Commission, subject to appeal as provided in § 150.245 – 251 of this Ordinance.

 

 

§ 150.024  DISTRICT REGULATIONS.  

 

The regulations of this Ordinance within each district shall be minimum regulations, and shall apply uniformly to each class or kind of structure of land, except as hereinafter provided.

 

(A)             No buildings, structure, or land shall hereafter be used or occupied, and no building structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

 

(B)              No buildings or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear, front, or side yards, or other open spaces than herein required; or in any other manner contrary to the provision of this Ordinance.

 

(C)              No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein.  Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

 

 

§ 150.025  SETBACKS.  

 

All setbacks will be measured from the owner’s property line.  The owner’s property line is determined from the locations of the most adjacent street right-of-way which is based on the individual street width.

 

 

 

"A-O" AGRICULTURE - OPEN SPACE DISTRICT

 

 

§ 150.030  PURPOSE.  

 

The Agricultural - Open Space District is intended to provide a district which will allow suitable areas of the City to be retained and utilized in open space and/or agricultural uses, prevent, scattered non-farm uses from developing improperly, promote orderly development, and secure economy in government expenditures for public utilities and service.

 

 

§ 150.031  SPECIAL REQUIREMENTS. 

 

Agricultural uses are subject to Minnesota Pollution Control Standards.

 

§ 150.032  PERMITTED USES. 

 

The following are permitted uses:

 

(A)             Agricultural activities for the growing of produce (field crop farming) and farmsteads, but not including commercial feed lots and the raising of farm animals.

 

(B)              Golf courses, county clubs, tennis courts, swimming pools and additional public and private recreational uses, all non-commercial.

 

(C)              Roadside stands for the sale of agricultural products.

 

(D)             Greenhouses or nurseries.

 

(E)              Parks.

 

 

§ 150.033  CONDITIONAL USES.  

 

The following uses may be permitted:

 

(A)             Airports.

 

(B)              Radio and television transmitting and receiving stations and antennae.

 

(C)              Public and private schools.

 

(D)             Public and private cemeteries.

 

(E)              Commercial recreational facilities.

 

(F)               Churches, parish houses, convents, child nurseries.

 

(G)             Single family dwellings on a site of not less than one (1) acre.

 

(H)             Planned Unit Developments as regulated by this Ordinance.

 

(I)                Agriculture buildings or structures over 35 feet in height.

 

 

§ 150.034  ACCESSORY USES.

 

The following are permitted accessory uses:

 

(A)             Operation and storage of such vehicles, equipment, and machinery which are incidental to permitted or conditional uses allowed in this district.

 

(B)              Living quarters of persons employed on the premises.

 

(C)              Home occupations consistent with § 150.138  of this Ordinance.

 

(D)             Fencing, screening and landscaping as permitted and regulated by § 150.130 of this Ordinance.

 

(E)              Essential services.

 

 

§ 150.035  MINIMUM LOT SIZE.

 

(A)             A lot area of more than one (1) acre for each farm or non-farm dwelling unit is required.

 

(B)              A lot width of not less than one hundred fifty (150) feet is required for each farm or non-farm dwelling unit.

 

(C)              A lot depth of not less than one hundred fifty (150) feet is required.

 

(D)             No more than forty (40) percent of the lot area shall be occupied by buildings or structures.

 

 

§ 150.036  FRONT, SIDE AND REAR YARD REQUIREMENTS.

 

(A)             Front Yard.  A front yard of not less than thirty-five (35) feet is required.

 

(B)              Side Yard.  Two (2) side yards are required, each having a width of not less than thirty (30) feet.  Where a lot is located at the intersection of two (2) or more streets, the width of the yard along the side street shall not be less than thirty (30) feet.  A side yard of not less than ten (10) feet may be permitted for accessory buildings or structures when said buildings or structures are located one-hundred (100) feet from the front lot line.

 

(C)              Rear Yard.  A rear yard of not less than twenty (20) feet is required.  No accessory buildings shall be less than ten (10) feet from the rear lot line.

 

 

§ 150.037  MAXIMUM BUILDING HEIGHTS.  

 

Building heights shall not exceed thirty-five (35) feet except for agricultural buildings with a conditional use permit.

 

 

 

"R-1" GENERAL RESIDENTIAL DISTRICT

 

 

§ 150.050  PURPOSE.  

 

The General Residential District is intended to establish an area of residential uses consisting of one and two-family dwellings, multiple unit dwellings and directly related complimentary uses.

 

 

§ 150.051  PERMITTED USES.  

 

The following are permitted uses:

 

(A)             One-family dwelling.

 

(B)              Two-family dwelling, if on lots of such areas and widths as hereinafter required.

 

(C)              Non-commercial gardening.

 

(D)       Public buildings and uses of the following kinds:  parks, playgrounds, libraries, museums, community centers, and public offices.

 

(D)             Manufactured homes on individually owned parcels of land and in compliance with

§ 150.137 of this Ordinance.

 

 

§ 150.052  CONDITIONAL USES.  

 

The following uses may be permitted:

 

(A)             Apartments within existing single family dwellings.

 

(B)              Cemeteries, hospitals, homes for the aged, institutions for special needs, churches, parish houses, convents, child nurseries.

 

(C)              Public and private schools.

 

(D)             Automobile parking lots when required for off-street parking spaces for any use not more than three hundred (300) feet in distance therefrom the use.

 

(E)              Public utility and public service uses.

 

(F)               The extension of a use into a district where it would otherwise be prohibited, in a case where a district boundary line is so located that a lot is in more than one district.

 

(G)             Outdoor furnaces or boilers of any size or type when used in conjunction with the heating of adjacent interior spaces or the heating of domestic hot water used within such spaces.  This shall include all furnaces not completely enclosed on all sides by the exterior building envelope walls.

 

(H)             Planned Unit Developments as regulated by this Ordinance.

 

(I)                Private garages or storage sheds exceeding 1,200 sq. ft.

 

(J)                Manufactured home park, subject to issuance of a license from the State Department of Health (Minnesota Statute 327.15, as may be amended from time to time) and subject to the requirements of § 150.158 of this Ordinance.

 

(K)             Multiple-dwelling structures consistent with the surrounding land uses and in conformance with the minimum lot dimensions and setback requirements as hereinafter required.

 

(L)              Golf courses, country clubs, tennis courts, swimming pools and additional private and private-club recreational uses, all non-commercial.

 

 

§ 150.053  ACCESSORY USES.  

 

The following are permitted accessory uses:

 

(A)             Private garages, parking spaces and car ports as regulated by § 150.206 of this Ordinance.

 

(B)              Outdoor storage of recreation vehicles and equipment.

 

(C)              Non-commercial greenhouses and conservatories.

 

(D)             Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

 

(E)              Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment.

 

(F)               Essential services.

 

 

(G)             Fencing, screening and landscaping as permitted and regulated by § 150.130 of this Ordinance.

 

(H)              Home occupations consistent with § 150.138 of this Ordinance.

 

(I)                Gazebos and similar structures.

§ 150.054  MINIMUM LOT SIZE.

 

(A)             A lot area of not less than eight thousand two-hundred fifty (8,250) square feet is required for single family dwellings and two-family dwellings.

 

(B)              Multiple-dwelling structures having three or more dwelling units must have a minimum lot area of ten thousand (10,000) square feet.  Not less than two thousand (2,000) square feet is required for each additional dwelling unit over three (3).

 

(C)              For all uses, no more than fifty (50) percent of the lot shall be occupied by buildings or structures.

 

 

§ 150.055  FRONT, SIDE AND REAR YARD REQUIREMENTS.

 

(A)             Front Yards. 

 

(1)               A front yard of not less than twenty-five (25) feet is required.

 

(2)        For buildings exceeding thirty-five (35) feet in height, each front yard shall be an additional front yard setback of one (1) foot for each one (1) foot that the building exceeds the height of thirty-five (35) feet.

 

(B)              Side Yards. 

 

(1)               Two (2) side yards are required, each with a width of not less than ten (10) feet. 

 

(2)               Where a lot is located at the intersection of two (2) or more streets, the width of the yard along the side street shall not be less than thirty (30) feet.

 

(3)               For buildings exceeding thirty-five (35) feet in height, each side yard shall have one (1) additional foot for each one (1) foot of building height over thirty-five (35) feet.

 

(C)              Rear Yards.  A rear yard with a depth of not less than twenty (20) feet is required.  No accessory building shall be less than ten (10) feet from the rear lot line.

 

 

 

§ 150.056  MAXIMUM BUILDING HEIGHTS.  

 

Except for multiple-dwelling structures with three or more units, building heights shall not exceed thirty-five (35) feet.   Multiple-dwelling structures with three or more units may be three (3) stories in height not to exceed forty-five (45) feet.

 

 

 

"B-1" GENERAL BUSINESS DISTRICT

 

 

§ 150.080  PURPOSE.  

 

The Central Business District is designed and intended to serve the pedestrian area of the City.  The "B-1" district will provide for a shopping and business environment, especially stressing the pedestrian function and interaction of people and businesses.

 

 

§ 150.081  SPECIAL REQUIREMENTS.

 

(A)             Enclosure of Uses.  Every use, unless expressly exempted in this Section or allowed by a conditional use permit, shall operate in its entirety within a completely enclosed structure.

 

§ 150.082  PERMITTED USES.  

 

The following are permitted uses:

 

(A)                         Antique store.

(B)                          Apparel and accessory store.

(C)                          Appliance store, sales and service.

(D)                         Art gallery.

(E)                          Artist studio or school.

(F)                           Auction rooms.

(G)                         Auto, glass, muffler and upholstery shop.

(H)                         Auto parts and accessory sales including outdoor display of auto accessories provided that such outdoor display of storage is separated from abutting development by ornamental fencing or screen planting to be not less than eight (8) feet in height.

(I)                            Auto repair garage.

(J)                            Auto storage, new or used.

(K)                         Auto sales.

(L)                          Bakery retail.        

(M)                        Bank, including drive‑in bank.

(N)                         Barbershop.

(O)                         Beauty shop.

(P)                           Bicycle sales and repair.

(Q)                         Blueprinting, photostating and lithographing.

(R)                          Boat sales and repair, not including dismantling or wrecking.

(S)                           Book store.

(T)                           Bowling alley and billiard parlor.

(U)                         Building material yard.

(V)                         Bus, railway, or airline depot or ticket office.

(W)                        Business machines store.

(X)                         Cafe.

(Y)                         Camera and photographic supply store.

(Z)                          Candy, ice cream and confectionery store, in which all manufacturing permitted only as an accessory use and is limited to fifteen (15) percent of the gross floor area.

(AA)                   Catalog and mail-order house.

(BB)                    Caterer.

(CC)                    Clothing store.

(DD)                   Dairy products store.

(EE)                     Dance hall. 

(FF)                      Delicatessen store.

(GG)                   Department store.

(HH)                   Discount store.

(II)                         Dressmaking, seamstress.

(JJ)                         Drugstore.

(KK)                   Dry cleaning.

(LL)                     Electric contractor.

(MM)                 Exterminator.

(NN)                   Feed store.

(OO)                   Floral sales.

(PP)                      Food locker plant: a food locker plant renting only individual lockers for home customer storage of food, including sale of retail, delivery of individual home orders and the cutting and packaging of meats or game, but not including slaughtering or eviscerating thereof.

(QQ)                   Fruit store.

(RR)                    Furniture store and home furnishings.

(SS)                      Garden supplies store, need not be enclosed, provided all unenclosed portions of the use are located on the rear one-half (1/2) of the zoning lot.

(TT)                      Gift, novelty or souvenir store.

(UU)                   Grocery store.

(VV)                   Gunsmith.

(WW)                Hall, renting for meetings, conventions, or social gatherings.

(XX)                   Hardware store.

(YY)                   Health equipment and supply store.

(ZZ)                     Health club or gym.

(AAA)             Hotel, motel, or tourist home.

(BBB)               Ice plant.

(CCC)               Interior decorator.

(DDD)             Janitorial service.

(EEE)                Jewelry store.

(FFF)                  Laboratory, scientific and testing.

(GGG)             Laundromat.

(HHH)             Linen supply.

(III)                      Liquor store (off‑sale).

(JJJ)                      Locksmith.

(KKK)             Luggage store.

(LLL)                Lumber yard.

(MMM)          Marine sales and service.

(NNN)             Meat market and processing, not including slaughtering.

(OOO)             Medical appliances, sales and fittings. 

(PPP)                  Mortuary.

(QQQ)             Motorcycle store.

(RRR)               Music store.

(SSS)                  Newsstand.

(TTT)                  Office of any type.

(UUU)             Optical goods.

(VVV)             Optician. 

(WWW)         Paint and wallpaper store.

(XXX)             Pawn shop.

(YYY)             Pet store.

(ZZZ)                Photographic studio, picture processing, or equipment.

(AAAA)       Plumbing contractor.

(BBBB)         Printing, publishing, and allied industries.

(CCCC)         Restaurants.

(DDDD)       Savings and loan association; state or federally chartered; including drive‑in facilities.

(EEEE)           Second hand shops.

(FFFF)             Shoe repair shop.

(GGGG)       Shopping mall, centers.

(HHHH)       Sign contractor.

(IIII)                   Sporting good store.

(JJJJ)                   Stationery store.

(KKKK)       Tailor.

(LLLL)           Taxidermist.

(MMMM)   Telephone exchange.

(NNNN)       Theater, not including drive‑in theater.

(OOOO)       Theatrical studio.

(PPPP)              Ticket agency.

(QQQQ)       Tire recapping and supply store.

(RRRR)         Toy store.

(SSSS)             Travel bureau or agency.

(TTTT)             Upholstery shop of any type.

(UUUU)       Variety store.

(VVVV)       Veterinarian, including observation kennels for household pets, provided however, all such kennels are contained within completely enclosed structures. 

(WWWW) Wholesale offices.

(XXXX)       Adult Uses – Accessory and in compliance with §116.05 of this Code.            

 

 

§ 150.083  CONDITIONAL USES.  

 

The following uses may be permitted.

 

(A)                         Ambulance service.

(B)                          Any drive-in type establishment.

(C)                          Apartments. 

(D)                         Auto sales.

(E)                          Automobile service stations.

(F)                           Car wash.

(G)                         Clinic, dental or medical, animal clinics, and related laboratories.

(H)                         Community or convention center.

(I)                            Multi-family dwellings.

(J)                            Other commercial uses determined by the Planning Commission to be of the same general character as identified permitted and conditional uses and found out not to be detrimental to the general public health and welfare.

(K)                         Parking and/or commercial storage of vehicles; need not be enclosed.

(L)                          Planned Unit Developments as regulated by Section 10 of this Ordinance.

(M)                        Public, private parking facilities.

(N)                         Public or quasi‑public development.

(O)                         Radio and television broadcasting, including transmitter.

(P)                           Restaurants, cocktail lounges and other eating or drinking establishments which require additional parking spaces.

(Q)                         Shipping and storage of merchandise solely intended to be retailed by the established principal permitted use.

(R)                          Shopping centers and malls.

(S)                           Sports arena or stadium.

 

 

§ 150.084  ACCESSORY USES.  

 

The following are permitted accessory uses:

 

(A)             Commercial or business buildings and structures for a use accessory to the principal use, but shall not exceed fifty (50) percent of the gross floor area of the principal use.

 

(B)              Off-street parking as regulated by this Ordinance.

 

(C)              Off-street loading as regulated by this Ordinance.

 

 

(D)             Fencing, screening and landscaping as permitted and regulated by Section 11, Subd. 6  of this Ordinance.

 

 

§ 150.085  MINIMUM LOT SIZE.

 

 A lot area of not less than four thousand one-hundred twenty-five (4,125) square feet is required.

 

 

§ 150.086  FRONT, SIDE AND REAR YARD REQUIREMENTS.  

 

No yards are required.  The space resulting from the foregoing setbacks (yard requirements) shall be utilized only for access to the permitted use and for landscaping purposes.

 

(A)             Where a side lot coincides with a side or rear lot line in an adjacent residential district, a yard shall be provided along such side lot line.  Such yard shall not be less than the minimum side yard which would be required under this Ordinance for a residential use on the adjacent residential lot.

 

(B)              Where a rear lot line coincides with a side lot line in an adjacent residential district, a yard shall be provided along such rear lot line.  Such yard shall not be less than the minimum side yard which would be required under this Ordinance for a residential use on the adjacent residential lot.

 

(C)              Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be not less than the minimum required for the rear yard for a residential use on the adjacent residential lot.

 

(D)             In each said case the lot line located in the central business district adjacent to a residential district shall erect a fence or vegetative screening as determined by the governing body.  The screening shall be set back five (5) feet from the central business district’s lot line adjacent to the residential district.  The fence or screening shall be located along the entire length of the transitional lot line.

 

 

§ 150.087  MAXIMUM BUILDING HEIGHTS.  

 

Building heights shall not exceed three (3) stories or forty-five (45) feet.

 

 

 

"I-1" GENERAL INDUSTRIAL DISTRICT

 

 

 

§ 150.095  PURPOSE.  

 

The General Industrial District is established to provide for areas for manufacturing, warehousing and related commercial operations.  It will be the intent to encourage industrial development which is compatible with surrounding uses and districts.  All activities in the district shall be carried on in a manner not injurious or offensive to the occupants of adjacent premises due to odors, dust, smoke, noise or vibrations.

 

 

§ 150.096  SPECIAL REQUIREMENTS.  

 

Any unenclosed uses, including storage, manufacturing and assembly, shall be subject to those regulations set forth by § 150.104 of this Section.

 

 

§ 150.097  PERMITTED USES.  

 

The following are permitted uses:

 

(A)                         Art equipment supplies - manufacturing.

(B)                          Bags, boxes and paper containers, manufacturing and storage.

(C)                          Bottling establishments.

(D)                         Books, looseleaf binders - fabrication and assembly.

(E)                          Books and bookbinding.

(F)                           Cabinet and woodworking establishments.

(G)                         Clothing and manufacturing.

(H)                         Camera and photographic manufacturing.

(I)                            Cold storage plants, commercial printing, publishing, engraving and reproduction firms.

(J)                            Commercial printing and publishing establishments.

(K)                         Confectionery and related products, manufacturing and packaging.

(L)                          Dental instruments and supplies.

(M)                        Laundry, dry cleaning and dying establishments.

(N)                         Electric lighting and wiring equipment - manufacturing.

(O)                         Electric measuring and testing equipment - manufacturing.

(P)                           Electronic tubes and other components - manufacturing.

(Q)                         Electrical products and appliances - manufacturing and assembly.

(R)                          Footwear - manufacturing and fabrication.

(S)                           Freight terminals.

(T)                           Hand and edge tools (except machine tools) - manufacturing and assembly.

(U)                         Hay, grain, feed and farm supply sales and storage.

(V)                         Ice plants and ice cream plants.

(W)                        Jewelry manufacturing.

(X)                         Laboratory instruments and associated equipment, scientific and testing.

(Y)                         Luggage, handbags, and similar items - manufacturing and assembly.

(Z)                          Mail-order house.

(AA)                   Meat processing, including slaughtering.

(BB)                    BB Medical and surgical instruments and supplies - manufacturing and assembly.

(CC)                    Newspaper plants and office.

(DD)                   Office furniture and supplies - manufacturing and assembly.

(EE)                     Optical instruments and lenses - manufacturing and assembly.

(FF)                      Patterns - design and manufacturing.

(GG)                   Pottery shops.

(HH)                   Precision instruments - manufacturing and assembly.

(II)                         Plastic extrusion and molding and fixture.

(JJ)                         Plumbing fixture and equipment - wholesale.

(KK)                   Public utility structures.

(LL)                     Radio and television - assembly and parts fabrication.

(MM)                 Sport equipment - manufacturing and assembly.

(NN)                   Scientific and research instruments and equipment - manufacturing and assembly.

(OO)                   Signs and advertising display materials.

(PP)                      Telephone and telegraph technical apparatus - manufacturing and assembly.

(QQ)                   Temperature controls - fabrication and assembly.

(RR)                    Trade schools.

(SS)                      Welding supply.

(TT)                      Warehousing, wholesaling and distribution operations.

 

 

§ 150.098  CONDITIONAL USES.  

 

The following uses may be permitted:

 

(A)             Other manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products determined by the Planning Commission to be similar to the permitted uses, and which conform with the purpose and performance standards set forth in this district.

 

(B)              Mining and related activities associated with the extraction and processing of sand, gravel, and other materials from the land.

 

(C)              Outdoor furnaces or boilers of any size or type when used in conjunction with the heating of adjacent interior spaces or the heating of domestic hot water used within such spaces.  This shall include all furnaces not completely enclosed on all sides by the exterior building envelope walls.

 

(D)             Planned Unit Developments as regulated by this Ordinance.

 

(E)              Adult Uses – Principle in conformance with § 116.04 of this Code.

 

 

§ 150.099  ACCESSORY USES.  

 

The following are permitted accessory uses:

 

(A)             Commercial or business buildings and structures for a use accessory to the principal use, but shall not exceed fifty (50) percent of the gross floor area of the principal use.

 

(B)              Off-street parking as regulated by this Ordinance, but not including semi-trailer trucks.

 

(C)              Off-street loading as regulated by this Ordinance.

 

(D)             Fencing, screening and landscaping as permitted and regulated by § 150.130 of this Ordinance.

 

 

§ 150.100  MINIMUM LOT SIZE.

 

(A)             A lot area of not less than twenty thousand (20,000) square feet is required.

 

(B)              All planned unit developments shall only be permitted on an area of at least one (1) acre.

 

(C)              There shall be a required minimum ten (10) percent reservation of the total lot area for landscaping use.  Such landscaping shall conform in design and appearance with the overall development plan as approved by the Planning Commission.

 

 

§ 150.101  FRONT, SIDE AND REAR YARD REQUIREMENTS.

 

(A)             Front Yard.  There shall be a front yard having a depth of not less than thirty (30) feet between building and the street right-of-way line to be devoted exclusively to landscaping except for necessary points of access.

 

(B)              Side Yard.  Two (2) side yards are required, each with a width of not less than twenty (20) feet.

 

(C)              Rear Yard.  A rear yard with a depth of not less than twenty-five (25) feet is required.

 

 

§ 150.102  TRANSITIONAL YARD REQUIREMENTS.  

 

When any lot line coincides with a lot line of an adjacent residential district, the setback shall be at least thirty (30) feet.

 

 

 

§ 150.103  PERFORMANCE STANDARDS.

 

(A)             Intent.  It is the intent of this Section to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of the following:

 

(B)              Noise.  Noise shall be measured on any property line of the tract on which the operation is located.  Noise shall be muffled so not to become objectionable due to intermittence, beat, frequency, shrillness or intensity.  At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in the table herein.

 

Maximum Permissible Sound Pressure Levels

 

Band Cycles Per Second        Maximum Permitted Sound Level

         (Frequency)                        (Decibels)                            

  20-75                                                                                     72

 75-150                                                                        67

150-300                                                                       59

300-600                                                                       52

600-1200                                                                     46

1200-2400                                                                   40

2400-4800                                                                   34

Over 4800                                                                   32

 

(C)              Odor.  No activity or operation shall cause at any time the discharge of toxic, noxious or odorous matter beyond the limits of the immediate site where it is located in such concentrations as to be obnoxious or otherwise detrimental to, or endanger the public health, welfare, comfort or safety or cause injury to property or business.

 

(D)             Glare.  Glare, whether direct or reflected, such as from floodlights, spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line.

 

(E)              Exterior Lighting.  Any lights used for exterior illuminations shall be directed away from adjacent properties.

 

(F)               Smoke, Dust, Fumes or Gases.  Every operation shall conform to local standards.

 

(G)             Hazard.  Every operation shall be carried on in accordance with local fires & safety codes.

 

(H)             Water Supply.  The design and construction of water supply facilities and water supply source shall be in accordance with local and Minnesota State Department of Health and Minnesota Pollution Control Agency standards and requirements.

 

(I)                Waste.  All sewage and industrial wastes shall be treated and disposed in such manner as to comply with Minnesota State Department of Health and Minnesota Pollution Control Agency standards and requirements, and local codes.

 

(J)                In order to assure compliance with the performance standards set forth above, the Planning Commission may require the owner or operator of any permitted use to make such investigations and tests as may be required to show adherence to the performance standards.

 

 

§ 150.104  REGULATIONS ON SCREENING.  

 

All principal, and conditional uses, except business signs, which are situated within fifty (50) feet of a Residential District, shall be screened and buffered from such district by a separation of open space which shall have a minimum depth of thirty (30) feet and a required fence or vegetative screening of not less than seven (7) feet in height above the level of the Residential District property at the district boundary.  Walls, fences, or planting screens of lesser heights may be permitted by the Planning Commission if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screen will as adequately promote and protect the use enjoyment of the properties within the adjacent Residential District, or there is a finding that a screening of the type required by this Ordinance would interfere with the provision of adequate amounts of light and air to same said properties.  Loading docks in the Industrial District shall be screened so as not to be visible from any public street right-of-way within a Residential District.  All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

 

 

 

"PUD"  PLANNED UNIT DEVELOPMENT DISTRICT

 

 

§ 150.115  PURPOSE.

 

To help encourage a more credible approach to the use of land, departures from this Ordinance may be granted by the City Council in Planned Unit Development Districts.  A Planned Unit Development is allowable as a conditional use in all zoning districts.  Permission to develop specific parcels of land under the provision which follow, shall be binding on all construction.  Any significant change in the development plan after approval by the City Council shall be resubmitted for consideration.  The land use, minimum lot area, yard, height and accessory used determined by the planned unit development requirements shall prevail over conflicting requirements listed elsewhere within this Ordinance.  To encourage innovations which produce efficient, high quality development in harmony with surrounding areas, the following regulations are set forth.

 

§ 150.116  REQUIREMENTS.

 

(A)             The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit.  In addition, the development plan must include provisions for the preservation of natural amenities.

 

(B)              The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site.

 

(C)              The proposed planned unit development is comprised of at least one acre of contiguous land.

 

(D)             Permitted uses may include:

 

(1)               Permitted, Accessory and Conditional Uses allowed within the traditional zoning district where the proposed "PUD" is to be located.

 

(2)               A combination of dwelling units of single family, two family, town houses, condominiums and apartments not to exceed eight (8) units.

 

(3)               Any non-residential use to the extent such non-residential use is designed and intended to serve the residents of the "PUD".

 

(E)              A minimum of 20 percent of the gross land area for private or public open air recreational use protected by covenants running with the land or by conveyances or dedicated as the Planning Commission may specify shall be an integral part of the plan.  Such open space areas shall not include land devoted to streets, parking and private yards.

 

(F)               Spacing between main buildings and dedicated streets shall be at least equivalent to the spacing requirements of buildings similarly developed under the terms of this ordinance on separate parcels.

 

(G)             Subdivision review shall be carried out simultaneously with the review of a "PUD" under this section of this Ordinance.

 

(H)             A certified check or money order to cover the costs incurred in checking and processing such plans in an amount affixed by the City Council.

 

 

§ 150.117  PROCEDURE.

 

(A)             Pre-Application Conference. Before submitting an application for a "PUD", an applicant may confer with the Administrator to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys, and other data.

 

(B)              Outline Development Plan.  An applicant shall apply to the Planning Commission for approval of a development concept of the "PUD" with a map and text as specified including enough information to demonstrate its relationship to adjoining uses.

 

(1)               Maps which are part of the outline development plan may be in schematic form and shall contain the following:

 

(a)                The existing topographic character of the land.

 

(b)               A composite of all natural amenities of the site including steep slopes, drainage ways, plus marshes, ponds and lakes.

 

(c)                The size of site and proposed used of the land to be developed together with an identification of off-site land use.

 

(d)               The density of land use to be allocated to the several parts of the development.

 

(e)                The approximate location of thoroughfares.

 

(f)                The location of common open space including public schools, parks and playgrounds or private natural preserves.

 

(2)               The written statement shall include the following:

 

(a)                A statement of the ownership of all land involved in the "PUD" together with a summary of previous work experience.

 

(b)               An explanation of the general character of the planned development.

 

(c)                A general indication of the expected time schedule of development.

 

(d)               A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open space.

 

(e)                A statement describing how all necessary governmental services will be provided to the development.

 

(f)                The total anticipated population to occupy the "PUD" with breakdowns indicating the number of school age children, adults and families.

 

(C)              Outline Development Plan Approval.

 

(1)               Within sixty days after the filing of an outline development plan, the Planning Commission shall forward the plan to the City Council with a written staff report recommending that the plan be disapproved, approved or approved with modifications, and giving reasons for these recommendations.

 

(2)               Within forty-five days after the receipt of the application by the City Council a public hearing shall be held by the City Council on the application.  The City Council may continue the hearing or refer the matter back to the Planning Commission for further study, provided, however, that the public hearing or hearings shall be concluded within 45 days after the date of the public hearing, unless the applicant shall consent in writing to an extension of the time.  Upon conclusion of all hearings the City Council shall within 30 days make and file findings and cause a copy thereof to be mailed to the applicant.

 

(3)               If the outline development plan is approved or approved with modifications, the City Council shall amend the zoning map to show the Planned Unit Development and its identification number.  "PUD" numbers shall be designated in sequential order, i.e. PUD-1, PUD-2, etc.  If the outline development plan is approved with modifications, the City Council shall not amend the zoning map until the applicant has filed with the City Council written consent to the plan as modified.  Refusal of any modification shall constitute denial of the plans by the City Council.  Failure of the landowner to notify the City Council of his acceptance or refusal of the modification to the plan constitute acceptance of these conditions.  No zoning permits may be issued on land within the "PUD" until final plans for the development have been approved by the City Council under the procedures provided in the following provisions.

 

(D)             Preliminary Development Plan Approval.

 

(1)               Following the approval of an outline development plan, applicant may file a preliminary development plan with the Planning Commission.  The Planning Commission shall give notice and provide an opportunity to be heard to each of the following:

 

(a)                Any person who is on record as having appeared at the hearing on the outline development plan.

 

(b)               Any other person who has indicated to the Planning Commission in writing that he wishes to be notified.

 

(c)                Any property owner within 350 feet of the property designated in the outline development plan.

 

(2)               In the event the plan as submitted for preliminary approval is not in substantial compliance with the outline development plan, the Planning Commission shall notify the applicant within 45 days of the date of application, setting forth the ways in which the plan is not in substantial compliance.

 

(a)                The applicant may treat such notification as denial of preliminary approval; or

 

(b)               The applicant may refile his plan so that it does substantially comply with the outline development plan; or

 

(c)                The applicant may file a written request with the Planning Commission, that it hold a public hearing on his request for preliminary approval.  Any such hearing shall be held within 30 days after the request for such hearing.  Within 45 days of such hearing the Planning commission shall either grant or deny preliminary approval to the plan.

 

(3)               The findings necessary for approval of both the preliminary and final development plans shall be based on the following and described in what respect the plan would or would not be in the public interest.

 

(a)                The plan is designed to form a desirable and unified development within its own boundaries.

 

(b)               The proposed uses will not be detrimental to present and future land use in the surrounding area.

 

(c)                Any exceptions to the standard requirements of the zoning and subdivision ordinance are justified by the design of the development.

 

(d)               The plan will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the "PUD".

 

(E)              Final Development Plan Approval.

 

(1)               Within six weeks following approval of the preliminary development plan, the applicant shall file with the City Council a final development plan containing in final form all of the information required in the preliminary development plan.  In its discretion and for good cause, the Council may extend for six months the period for the filing of the final development plan.

 

(2)               The Council shall review and approve the final development plan if it is in substantial compliance with the preliminary development plan. Following this, the applicant shall record the final development plan in the manner provided for recording subdivision plats.  If the final development plan is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the preliminary development plan.

 

 

§ 150.118  AMENDMENTS AND CONTROL.

 

(A)             Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the City.

 

(1)               Minor changes in the location, siting, and height of buildings and structures may be authorized by the Administrator if requested, and if caused by unforeseen circumstances.

 

(2)               All other changes in use, rearrangement of lots, blocks, and open space, must be authorized by the City Council under procedures outlined for amendment of the Zoning Ordinance.

 

(B)              Completion of the "PUD" shall be certified by the Planning Commission on the final development plan.  Thereafter, the use of land and the construction, modification, or alteration of any buildings shall be governed by the approved final development plan.  Changes may be authorized only under the procedures provided below:

 

(1)               Minor extensions, alterations or modifications of existing structures may be authorized by the Administrator if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure by more than ten percent than originally proposed in the preliminary development plan.

 

(2)               Changes in the use of common open space of the replacement of any building substantially destroyed which exceeds the intent and purposed of the final development plan may be authorized only by amendment to the final development plan.

 

 

 

GENERAL PROVISIONS

 

 

§ 150.125  PURPOSE.  

 

The purpose of this Section is to establish general development standards to assure compatible land uses; to prevent blight and deterioration; and to enhance the health, safety and general welfare of the City.

 

§ 150.126  DWELLING UNIT RESTRICTIONS.

 

(A)             No cellar, basement, garage, tent/camper or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently.

 

(B)              Basements may be used as living quarters as a portion of a residential dwelling.

 

(C)              Tents, play houses or similar structures may be used for play or recreational purposes.

 

(D)             Any new development that covers or replaces surface vegetation with an impervious surface of more than one (1) acre or more must specify controls to minimize off-site stormwater runoff, maximize overland flow and flow distances over surfaces covered with vegetation, increase on-site infiltration, minimize off-site discharge of pollutants to ground and surface water, encourage filtration functions, and reduce mosquito breeding habitat.  Sidewalks, paths, trails, and roads are exempt.

 

 

§ 150.127  BUILDING RESTRICTIONS.

 

(A)             Any person desiring to improve property shall submit to the Administrator information on the location, and dimensions of existing and proposed buildings, location of easements crossing the property encroachments, and any other information which may be necessary to insure conformance to City Ordinances.

 

(B)              All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City.

 

(C)              Only one principal use shall be permitted on a lot.

 

(D)             A registered land survey may be requested by the Planning Commission or Administrator for any property owner requesting a zoning permit, variance, conditional use permit, or rezoning action.

 

(E)              Except in the case of Planned Unit Development as provided for in this Ordinance, not more than one (1) principal building shall be located in a lot.  The words “principal building” shall be given their common, ordinary meaning; in case of doubt or on any question or interpretation, the decision of the Administrator shall be final, subject to the right of appeal to the Planning Commission and City Council.

 

(F)               Manufactured homes, buildings, tents or other structures temporarily maintained by an individual or company on the premise associated with a work project and used exclusively to house labor or other personnel occupied in such work project shall be exempt from the requirements of this Ordinance.  Such manufactured homes, buildings, tents, or other structures shall be removed within thirty days from the completion of the work project.

 

 

 

§ 150.128  LAND RECLAMATION.  

 

Under this Ordinance land reclamation is the reclaiming of land by depositing of materials so as to elevate the grade.  All land reclamation shall be controlled under the provisions of the Zoning Ordinance and shall meet the following minimum standards.

 

(A)             The smallest amount of bare ground is exposed for as short a time as feasible.

 

(B)              Temporary ground cover is used and permanent ground cover, such as sod, is planted.

 

(C)              Methods to prevent erosion and trap sediment are employed.

 

(D)             Fill is stabilized to accepted engineering standards.

 

(E)              Final slopes for cut slopes should be a maximum of 1:1 or 100%; fill slope 3:1 or 30%, and grade or construction slope 5:1 or 20%.

 

 

§ 150.129  MINING.  

 

The extraction of sand, gravel, or other material from the land in the total amount of four hundred (400) cubic yards or more and removal thereof from the site without processing shall be defined as mining.  The conduct of mining shall be permitted only upon issuance of a conditional use permit.  Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.

 

 

§ 150.130  FENCING, SCREENING, AND LANDSCAPING.

 

(A)             No fence shall exceed four (4) feet in the front yard or six (6) feet in the rear and side yards in height as measured from the average point between the highest and lowest grade.

 

(B)              No fence, screen, or structure which obstructs view shall be located within twenty-five (25) feet of any corner formed by the intersection of street or railroad right-of-ways as measured from the intersecting property lines.

 

(C)              Except as provided in (B) above, fences, hedges, or shrubs, less than four (4) feet in height may be located on any part of the lot.

 

(D)             In all zoning districts all usable open space as defined by this Ordinance shall be planted and maintained in grass, sodding, shrubs, or other suitable vegetation or treatment.

 

 

(E)              All screening required by the provisions of this Ordinance shall consist of either:

 

(1)               A green belt plating strip consisting of vegetative cover of sufficient width and density to provide an effective screen, or

 

(2)               A fence constructed of masonry, brick, wood or steel which is compatible with surrounding structures and buildings.

 

(F)               Except as provided in § 150.130 (B) fences shall be set back at least one (1) foot from the lot lines or upon mutual consent of the abutting property owner(s) may be placed along the lot line.

 

 

§ 150.131  NUISANCES AND BLIGHT.

 

 Public nuisances and blight affecting health, morals and decency, peace and safety are regulated in the City’s Code – Part 9. 

 

 

§ 150.132  JUNK YARDS.  

 

Junk yards, salvage yards or automobile reduction yards shall be permitted only within the I-1 District and in no case shall they be located so as to be plainly visible from a road or street.  Such junk yards shall be effectively screened on all sides so that the storage and operation is not visible from adjacent properties or streets.  Non-conforming junk yards in existence at the time of adoption of this ordinance shall be made to comply with the regulations of this ordinance within three (3) years of the date of ordinance passage.

 

 

§ 150.133  VISION CLEARANCE AT CORNERS, CURB CUTS AND RAILROAD CROSSINGS.  

 

Notwithstanding any part of this Ordinance or any permit or variance granted, no structure, vehicle, vegetation, fence, sign, building, or any obstacle, or any portion thereof shall be placed or retained in such a manner to constitute a traffic hazard or obstruct the vision clearance of corners, curb cuts, or railroad crossings.

 

 

§ 150.134  PERFORMANCE STANDARDS.  

 

All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including but not limited to glare, smoke, dust, odors, and noise.  The burden of proof for compliance of appropriate performance standards shall lie with the applicant.

 

 

 

 

§ 150.135  LIGHTING.  

 

Any lighting used to illuminate an off-street parking area, sign, or structure shall be arranged as to deflect light away from any adjoining residential properties or uses from the public streets.

 

 

§ 150.136  PUBLIC WATER ALTERATION.  

 

Any alteration which will change or diminish the course, current or cross section of a public water shall be approved by the Commissioner of the Minnesota Department of Natural Resources, in accordance with the procedures of Minnesota Statute 1974, Section 105.42 as amended.  This alteration includes construction of channels and ditches; lagooning; dredging of lake or stream bottoms for removal of muck, silt or weeds; and filling in the lake or stream bed.

 

 

§ 150.137  MANUFACTURED HOMES.  

 

All manufactured homes on individually owned parcels of land shall meet the following requirements;

 

(A)             The home shall have all wheels, axles, transporting lights and towing apparatuses removed, but in such a manner that they may be reattached at some later time;

 

(B)              The home and the lot on which it sits shall conform to all the requirements of the zoning district in which it is located.

 

(C)              All manufactured homes shall have access to a public road.

 

 

§ 150.138  HOME OCCUPATIONS.  

 

Home occupation uses are subject to the following requirements.

 

(A)             The home occupation must be conducted entirely within a building.

 

(B)              Offices, clinics, barber shops, beauty parlors, dress shops, coffee rooms, tourist homes, animal hospitals and kennels, music and  dance schools, or similar uses, shall require conditional use permits.

 

(C)              Such occupations as architects, artists, writers, clergymen, lawyers, teachers, domestic crafts and similar occupations shall be permitted.

 

(D)             When deemed appropriate, the Administrator may bring the home occupation to the attention of the Planning Commission at which time the Planning Commission may hold such public hearings, request such information, or require such conditions as deemed necessary to bring the  home occupation in compliance with the performance criteria.  The Planning Commission shall make a recommendation to the City Council for final consideration of Accessory Buildings in R-1 Districts.  Accessory buildings in R-1 (Residential) districts on lots where a garage is attached to the home, shall be limited to one additional storage building and one non-storage building, so long as the total lot coverage by buildings does not exceed 40% or more; accessory buildings on lots where a garage is not attached to the home shall be limited to two storage buildings and one non-storage building, so long as the total lot coverage by buildings does not exceed 40% or more.

 

 

 

YARD, AREA AND BUILDING SIZE REGULATIONS

 

 

§ 150.145  PURPOSE.  

 

The purpose of this Section is to determine minimum yard, area and building size requirements to be provided for each zoning district.

 

 

§ 150.146  YARD REQUIREMENTS.  

 

The minimum yard setback distances from the appropriate property lines are set forth within the district provisions of this Ordinance.

 

(A)             Front Yard Setbacks.  Where existing structures within a block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures.  If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure.  In no case shall the required front yard setback exceed thirty (30) feet.

 

(B)              Corner Lots.  Where a lot is located at the intersection of two (2) or more streets, the width of the yard along the side street shall not be less than thirty (30) feet.

 

(C)              Rear Yard With Alley Adjoining.  In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, one-half the width of such alley may be included as rear yard depth. In any residential district, the rear yard depth actually on the lot shall be not less than ten (10) feet.

 

(D)             Earth Sheltered Buildings.  Computations for yard requirements shall be based upon measurements from the exposed exterior surface of the building.

 

(E)              Exceptions.  The following shall not be considered as encroachment into yard requirements.

 

(1)               Architectural projects extending not more than three (3) feet into a yard area, except those indicated below.

 

(2)               Terraces, steps, stoops, or similar features provided, in each they do not exceed above the height of the principal structure’s main floor or extend to a distance less than five (5) feet from any lot line.