Afton City Zoning Code

DISTRICTS

§ 153.050 DISTRICTS; GENERAL PROVISIONS.

(A) Basic districts. For the purpose of this chapter, the community is hereby divided into the following basic zoning districts:

District Symbol	Intent and Primary Use
A	Preserve agriculture as a viable permanent land use and a significant economic activity within the city.
I	Provide areas adjacent to major thoroughfares for the express use of industrial developments.
MS	Provide an area for storage and repair of boats and boat trailers to complement the river access and marinas in the city.
RR	Provide rural low density housing on lands not capable of supporting long-term, permanent agricultural production.
VHS-C	Provide a mix of commercial and residential uses within the old village consistent with the atmosphere of a rural village.
VHS-R	Provide higher density housing consistent with a village atmosphere on lots capable of supporting on-site sewage treatment systems in order to prevent the need for public services.

(B) Overlay districts. The following overlay regulations are in addition to regulations imposed by the existing basic zoning district:

District Symbol	Intent and Primary Use
AP	Preserve large areas of agricultural production and provide owners of these areas with economic incentives in accordance with the Agricultural Preserves Act.
C	Preserve, protect and manage environmentally sensitive areas having wet soils, steep slopes, exposed bedrock or unique natural and biological features in accordance with compatible uses.
FP	Protect the natural environment, homes and other structures from floodwaters by preserving the natural overflow of lakes, streams, rivers and watersheds.
LS-1	Protect the ecological and scenic values of waterbodies by regulating setbacks and lot sizes.
SCRR	Conserve and protect the natural scenic values and resources of the St. Croix River Valley in order to maintain the high standard of environmental quality indicative of one of the few remaining wild rivers in the nation.
SCRU	Provide urban density residential and commercial uses within the old village while conserving and protecting the natural scenic values and resources of the St. Croix River Valley.

(Prior Code, § 12-131) (Ord. 1997-19, passed 7-15-1997)

§ 153.051 MINIMUM REQUIREMENTS.

(A) Minimum area, height and the like.

(1) The following chart sets out the dimensional requirements of each basic zoning district:

	A	RR	VHS-R	VHS-C	I-1A	I-1B	I-1C	MS
Front yard setback for all structures from centerline
Local roads (except 15th Street, 60th Street and 50th Street west of County Highway 21	105	105	0*****	65	105	105	105	105
State and county highways and 15th Street, 60th Street and 50th Street west of County Highway 21	150**	150**	0*****	65	150* *	150* *	150* *	150**
Frontage on improved public street (ft) and lot width on cul-de-sac	300***	300***	150***	150***	300* **	300* **	300* **	300** *
Lot area per dwelling unit (du)
One-family structure	1 du / 10A*** (5A min)	5A***	22,500 sq. ft.***	22,500 sq. ft.***				5A
Two-family		10A***
Lot depth (ft)	300*	300*	130*	130*	300*	300*	300*	300*
Maximum buildable slope for structures (percent) except substandards structures****	18	18	12	12	18	18	18	12
Maximum site coverage by any structure and/or impervious surface	10% or one-half acre, whicheve r is greater	10% or one-half acre, whichev er is greater	20%*	20% or 4,350 sq ft, whichever is greater*	35% *	35%	35%	25%
Maximum slope for on-site sewage treatment systems and driveways	12	12	12	12	12	12	12	12
Maximum structure height (ft)	35	35	35	35	50	50	35	35
Minimum main floor area per du (sq ft)	800	800	800	800	800	800	800	800
Minimum nonresidential area				22,500 sq ft	5A	5A	5A	5A
Rear yard setback for all structures (except accessory buildings over 1,500 sq ft)	50	50	30	30	50	50	50	50
Setbacks: accessory buildings over 1,500 sq ft
Side	100	100	NA	NA	50	50	50	50
Rear	100	100	NA	NA	50	50	50	50
Well	200	200	NA	NA	50	50	50	50
Side yard setback for all structures (except accessory buildings over 1,500 sq ft)
From interior lot line (ft)	50	50	10	10	50	50	50	50
From street	As required for a corner lot (ft)
du = dwelling unit / ft = feet / sq ft= square feet
* Maximum three times the width of the lot of ten or more acres.
** Whenever the street right-of-way is greater than 66 feet, the setback shall be 117 feet from the edge of the street right-of-way. In the I-1A and I-1B Districts, the setback from the I-94 right-of-way line shall be a minimum of ten feet.
*** Any division of land resulting in two or more parcels of less than 20 acres, having a width of less than 500 feet at the front lot line shall require subdivision approval. The state legislature has restricted, in municipalities having subdivision regulations, the filing and recording of conveyances on parcels of residential or agricultural land of less than 20 acres and having a width of less than 500 feet where the conveyance results in a division of the parcel into two or more parcels, any one of which is less than 20 acres in area or 500 feet in width.
**** Exceptions to the slope requirement for substandard structures are found in § 153.007 of this code.
***** Subject to all corner lots meeting an 80-foot site triangle.

(2) The maximum site coverage and/or impervious surface in the I-1C Industrial District may exceed 35% per conditional use approval subject to the site not exceeding a maximum of 65% and meeting the requirements of divisions (B)(12) and (C)(1) through (C)(4) below. Any site with coverage and/or impervious surface in excess of 25% or 35% shall require an effective reduction of the impact of impervious surface to the equivalent of 25% or 35% impervious surface site coverage through the use of Low Impact Design (LID) methods and the completion and acceptance by the City Engineer, the county’s Conservation District (WCD) Engineer and Valley Branch Watershed Organization (VBWD) Engineer of the Impervious Surface Worksheet, as set forth in the city’s Best Management Practice (BMP) and Storm Water Guide.

(3) For additional setback requirements (other than those included in the table above), see division (E) below.

(B) Exceptions to minimum area, height and other requirements.

(1) Existing lot. For the purpose of this chapter, the term EXISTING LOT means a lot or parcel of land which was of record as a separate lot or parcel in the office of the County Recorder, on or before the adoption date of the ordinance from which this chapter was derived, except as provided for in division (B)(2) below.

(2) Buildable lots. Except in the VHS-R and VHS-C Zoning Districts, any lot or parcel created in accordance with Ch. 160 of this code, which contains at least two and one-half acres of buildable or net developable area as defined by this chapter and has at least 60% of the required frontage on an improved public street for the zoning district in which it is located shall be considered buildable provided the lot or parcel can comply with all other requirements of this chapter, including division (B)(3) below.

(3) Contiguous lots or parcels. If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of division (B)(2) above, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels shall equal one or more parcels of land each meeting the lot width and area requirements of division (B)(2) above. In the case of two contiguous existing nonconforming lots under common ownership, each containing an existing residence, these lots shall have exemption from this division (B)(3), as long as both residences continue to qualify as existing legally nonconforming uses. The ordinance from which this chapter is derived shall take effect upon publication.

(4) Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of the ordinance from which this chapter was derived for purposes of erecting a structure, must be approved as required in Ch. 160 of this code.

(5) Lake and stream frontage lots. All lots having frontage on a waterbody or lying within a shoreland management area shall be subject to the regulations of Ch. 156 of this code.

(6) Lots in floodplains. All lots in a designated floodplain shall be subject to the regulations of Ch. 159 of this code.

(7) Through or double frontage lots. Lots as defined in Ch. 160 of this code and include lake and stream frontage lots having a public street as one lot line and a waterbody as the opposite lot line. The Zoning Administrator shall determine what shall be considered the front, side and rear yards for application of the provisions of this chapter.

(8) Reduction of required area. No lot or parcel shall be reduced in area or dimension so as to make the lot or parcel less than the minimum required by this chapter; and if the existing lot or parcel is less than the minimum required, it shall not be further reduced.

(9) Minimum area requirements for lots. Since no public sanitary sewer is planned to be installed in the city, all single- and two-family homes shall demonstrate suitable soil conditions for a minimum on-site sewage treatment area of one acre per dwelling unit. A building permit shall not be issued for a lot which does not either meet the minimum acreage of acceptable soils for on-site sewage treatment or does not have enough acceptable soils within the lot or under legal contract to construct at least two complete septic/drainfield treatment systems.

(10) On-site sewage treatment systems. All on-site sewage treatment systems shall be maintained in conformity with the regulations of Ch. 154 of this code. Where there is evidence of the system failing to function properly, failing to treat sewage adequately, septic tank effluent percolating from the ground or where there is evidence a failing system is posing a hazard to the public health, the system shall be corrected and conform to these standards within 30 days.

(11) Slopes. Land having a slope between 13% and 18%, outside of the Lower St. Croix Bluffland District, may be included in the required buildable area of a lot or parcel if the county’s Soil and Water Conservation District has determined that:

(a) The soils on the land shall support the structures, on-site sewage treatment systems and driveways without significant risk of erosion, groundwater contamination or damage to structures thereafter constructed;

(b) The development of this land shall not damage heavily wooded areas or other significant natural features;

(d) There is at least one acre of contiguous land with a slope of less than 13% that is suitable for the required on-site sewage treatment systems and the driveways.

(12) Site coverage. Site coverage (impervious surfaces) for churches and institutional housing permitted by administrative permit in the RR Zoning District may exceed their allotted maximum impervious surface allowance, provided that:

(a) The soils on the land shall support the structures and required on-site sewage treatment systems, parking areas, driveways and other proposed impervious surface. The site shall demonstrate the development does not pose significant risk of erosion, groundwater contamination or surface water discharge in excess of standards used by the Watershed District and the county’s Soil and Water Conservation District. In addition, whenever possible low impact development methods shall be used to mitigate any groundwater discharge;

(b) The applicant shall restrict its surface water runoff to predevelopment rates to be in conformance with the Watershed District rules and regulations;

(c) The applicant shall restrict its surface water runoff volumes to those volumes that would have been generated from the site had it been developed to have 10% of the parcel covered with impervious surfaces. That applicant shall prove that runoff equal to three-fourths’ inch times the total impervious surface area minus three-fourths’ inch times 10% of the impervious area shall infiltrate within 72 hours based on the infiltration rate of the soil. No infiltration basin shall be deeper than two feet. The bottom of all infiltration basins shall be a minimum of two feet above the seasonal high water table; and

(d) The development proposed by the applicant is in harmony with the goals of the Comprehensive Plan.

(13) Parcel or lot area of five or more acres. Wherever in this chapter a parcel or lot area of five or more acres is required, except for the subdivision or creation of new parcels or lots, that requirement may be met by a nominal parcel as defined in this chapter. All new parcels or subdivision of existing parcels must meet all of the requirements of this chapter.

(14) Maximum impervious surface coverage. The maximum impervious surface coverage in the I-1A, I-1B and I-1C Zoning Districts may be increased up to 35%, provided that the storm water impact and runoff from the site, both as to volume and rate, is equivalent of a surface coverage of 25%. The method and completion of reduction shall be approved by the City Engineer, County Engineer and Valley Branch Watershed District.

(C) Engineering and design guidelines. The following additional engineering and design guidelines are to be met for any use within the agricultural, except for agricultural activities and residences, rural residential, except for residences and agricultural activities, and Industrial Zoning Districts.

(1) The applicant shall also submit a plan for the entire site, showing what low-impact design methods are used. The applicant shall work directly with the city to develop the plan, using low-impact design methods, as established by the county’s Soil and Conservation Office and the appropriate governing bodies, Water Management Organization or Watershed District Management Office. The plan shall be reviewed and approved by both the city and the county’s Conservation Office prior to any building permits being issued.

(2) The applicant must identify in the development agreement all areas where there is any fractured bedrock. The city may require, as part of the study, a geotechnical analysis including soil borings taken, at a minimum radius of every 150 feet. In addition, any fractured bedrock found within 150 feet of any area of construction, must be covered with a minimum of five feet of soil to reduce the potential for any pollutants reaching the groundwater.

(3) The applicant may be asked, as a condition, to install a time dosing device to control rate of the flow of effluents from the septic system.

(4) The development agreement must address traffic concerns, and any improvements needed to accommodate additional traffic, as a result of the use.

(5) The applicant shall also enter into a development agreement, to address all of the conditions as set forth in divisions (B)(12)(a) and (B)(12)(b) above, along with a cash escrow deposit or an irrevocable letter of credit, equal to 150% of the City Engineer’s estimate to implement the low-impact design plan and for the maintenance of the low-impact areas for the next 20 years. A separate cash escrow deposit or an irrevocable letter of credit equal to 150% of the City Engineer’s estimate shall also be required to satisfy any conditions agreed to in the development agreement, in order to satisfy division (B)(12)(b) above.

(D) Permitted encroachments on required yards. The following shall be permitted encroachments into setback and height requirements, except as restricted by other sections of this chapter.

(1) Any yards. Posts, off-street parking spaces, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks, fences, essential services, exposed ramps (wheelchair) and similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three feet from any lot line nor less than one foot from any existing or proposed driveway, floodlights or other sources of light illuminating authorized illuminated areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

(2) Corner lots. Nothing shall be placed or allowed to grow in a manner as to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets within 100 feet of the intersection.

(3) Rear yards. Recreational and laundry drying equipment, picnic tables, open arbors and eating facilities, provided these are not less than five feet from any lot line.

(4) Yards abutting streets. Encroachments in any yard that abuts a public or private street shall be considered as permitted encroachments as outlined above, except that no encroachment shall be permitted within two feet of the present or proposed right-of-way lines.

(E) Setbacks.

(1) Front setbacks. Where a vacant lot is adjacent to structures existing at the time of adoption of this chapter having a substandard setback from that required by this section, the Zoning Administrator shall determine a reasonable, average, calculated front yard setback to implement the requirements of this section, and to fulfill its purpose and intent. However, in no case shall a building be required to be setback more than 180 feet from the street centerline, except where an Industrial District is adjacent to a Residential District. In a Residential Zoning District, the front yard setback shall conform to the established setback line, unless the Zoning Administrator determines that another setback is more appropriate as provided herein.

(2) Setbacks from slopes.

(a) All structures, including but not limited to, driveways, decks, swimming pools and the like, shall be setback a minimum of 20 feet from the crest of all slopes exceeding 18% as determined by the Zoning Administrator, with the exception of driveways crossing human-made slopes that were created by the construction of roads or related ditches, and that extend only perpendicular to the road for a horizontal distance of 30 feet or less, and, where no other option is available to the landowner.

(b) An exception to this requirement, allowing an encroachment within the 20-foot setback from an 18% slope, is allowed outside of the Lower St. Croix River Bluffland and Shoreland Management District via a conditional use permit. As a condition of approval the applicant must submit an erosion control plan for the proposed encroachment.

(c) The erosion control plan shall be reviewed and approved by the City Engineer. In addition, the Zoning Administrator shall require a performance bond or letter of credit for a period of two years beginning at the time of completion to ensure the applicant adheres to the erosion control, landscaping and any revegetation plan. The performance bond or letter of credit shall equal 125% of the total cost of the erosion control as recommended by the City Engineer.

(3) Setbacks adjacent to Residential Zoning Districts. Where a commercial or Industrial Zoning District is adjacent to a Residential Zoning District, the minimum commercial or industrial building setback from the lot line shall be 75 feet.

(4) Setbacks along collector and arterial streets. Along streets designated as collectors and arterials in the Comprehensive Plan, the minimum setback for all structures shall be as required in division (A) above from the nearest planned street centerline.

(5) Setbacks from private roads. All setback requirements of this section shall also be applicable to private roads and easement access rights-of-way.

(6) Side yard setback from interior lot line on substandard lots. The side yard setbacks for all structures from interior lot lines on lots in the rural residential and agricultural zones, which are less than five acres in size and which were of record prior to March 3, 1970, shall be 25 feet rather than 50 feet if the proposed structure meets the requirements for a administrative permit as set out in § 153.028 of this code and meets all other zoning ordinance requirements.

(7) Side yard setback from interior lot line on extreme substandard rural residential lots. The sideyard setback for all structures from interior lot lines on lots in the Rural Residential District which are two acres or less in size and/or have a lot width of 200 feet or less the setback shall be ten feet rather than 25 feet if the proposed use meets all other zoning ordinance requirements.

(F) Height.

(1) No structure except those for public utilities, wind generators, farm buildings, churches and other places of worship shall exceed a height of 35 feet.

(2) The maximum height limitations for churches and other places of worship shall be as follows:

(a) A maximum height of 35 feet for the occupied area of the structure;

(b) A maximum height of 50 feet for the structural elements; and

(c) A maximum height of 60 feet for the following non-structural elements: spires or steeples, belfries or bell towers, cupolas, crosses or other religious symbols or decorative elements.

(G) Public convenience structures. No public convenience structure shall be located within the public right-of way except by administrative permit issued by the Zoning Administrator. The structures shall include but not be limited to trash containers, institutional directional signs, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, signs and others. The structures do not include public utility facilities.

(Prior Code, § 12-132) (Res. 1997-16, passed 6-17-1997; Ord. 1997-10, passed 5-19-1998; Ord. 1997-19, passed 7-15-1997; Ord. 1997-27, passed 1-18-2000; Ord. 97-39, 3-20-2000; Ord. 2004-45, passed 8-17-2004; Ord. 13-2004, passed 9-21-2004; Ord. 7-2006, passed 3-16-2006; Ord. 09-2008, passed 9-16-2008; Ord. 11-2008, passed 12-17-2008; Ord. 01-2009, passed 1-20-2009; Ord. 05-2009, passed 6-16-2009; Ord. 01-2014, passed 5-20-2014; Ord. 03-2015, passed 8-18-2015; Ord. 11-2016, passed 10-18-2016; Ord. 01-2017, passed 1-17-2017; Ord. 01-2018, passed 6-19-2018)

§ 153.052 ZONING DISTRICT MAP.

(A) The boundaries of the districts as established by this chapter are as shown on the map published herewith and made part of this chapter, the map is designated as the official zoning map of the city and shall be maintained as provided herein by the City Administrator. The district boundary lines on the map are intended to follow street right-of-way lines, street centerlines or lot lines unless the boundary line is otherwise indicated on the map. In the case of unsubdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. Whenever any street or other public way is vacated, any zoning district line following the centerline of the vacated street or way shall not be affected by the vacation.

(B) When any permit as provided for in this chapter is issued which affects any zoning district in a substantial way, the permit shall be coded and noted on the Zoning District Map by the City Administrator so as to clearly indicate the use so permitted which may not otherwise be clearly evident from the map or text of this chapter.

(C) When uses in a zoning district are listed as both permitted and conditionally permitted uses, or when any other conflict appears in this chapter with respect to permitted uses within a zoning district, the more restrictive portion shall be applied.

(D) (1) Any landowner may request a determination that a use not included in any district of this chapter is substantially similar to a use classified as permitted, conditionally permitted or other specially permitted in the zoning district in which the property is located. An application for a determination shall be filed with the City Administrator who shall refer it to the Planning Commission.

(2) The Planning Commission shall review the application in accordance with this chapter and the Comprehensive Plan and forward a recommendation of approval or denial to the City Council along with an explanation for taking the action. If the City Council determines the use is substantially similar to a use included in these regulations, the use shall thereafter be an allowable use whenever the similar listed use is authorized.

(Prior Code, § 12-133)

§ 153.053 USES.

Uses in the various districts shall be as follows:

	Agricult ural (Ag)	Rural Residen tial (R)	VHS- Residen tial (VHS-R )	VHS- Commer cial (VHS-C)	Light Industr ial (I-1A)	Light Industr ial (I-1B)	Light Industr ial (I-1C)	Mari ne Service (MS)
Agricultural, rural	P	P	N	N	P	P	P	N
Agricultural, suburban	P	P	N	N	P	P	P	N
Airports, airstrips, heliports	N	N	N	N	N	N	N	N
Animal impounding facility	N	N	N	N	P	P	N	N
Animals, commercial training	C	N	N	N	C	C	C	N
Antennas or towers over 35 feet in height	C	C	N	N	C	C	N	N
Archery range, commercial	N	N	N	N	N	N	N	N
Armories, convention halls and similar uses	N	N	N	N	N	N	N	N
Auto/car wash	N	N	N	N	N	N	N	N
Auto reduction yard, junkyard	N	N	N	N	N	N	N	N
Auto repair	N	N	N	N	N	N	N	N
Automobile service station	N	N	N	N	N	N	N	N
Barbershop, beauty shops	N	N	N	C	N	N	N	N
Bed and breakfast (see § 153.108 of this code)	C	C	C	C	N	N	N	N
Blacktop or crushing equipment for highway construction (temporary use only)	C	N	N	N	C	C	I	N
Boat dock (non-commer cial)	A	A	A	N	N	N	N	N
Boat, boat trailer, marine sales	N	N	N	C	N	N	N	A
Boat, boat trailer and marine storage and repair, enclosed or screened	N	N	N	N	N	N	N	C
Broadcasting studio	N	N	N	C	N	N	C	N
Business service	N	N	N	P	P	P	P	N
Cafés and restaurants	N	N	N	C	N	N	N	N
Campgrounds	N	N	N	N	N	N	N	N
Cemeteries	C	N	N	N	N	N	N	N
Churches	C	C	C	C	N	N	N	N
Clear cutting	See § 153.104 of this code
*Clubs or lodges	N	N	N	N	N	N	N	N
*Commercial recreation	N	N	N	N	N	N	N	N
Commercial schools	N	N	N	C	N	N	N	N
Data center	N	N	N	N	C	C	C	N
Disposal, solid and liquid waste	N	N	N	C	N	N	N	N
Distribution center	N	N	N	N	C	C	C	N
Domestic pets	A	A	A	A	N	N	A/C	N
Drive-in business	N	N	N	N	N	N	N	N
Duplex	N	C	N	N	N	N	N	N
Essential services, government uses	N	C	C	C	C	C	C	N
Essential services, public utility	C	C	C	C	C	C	C	N
Explosives, manufacture, storage or use	N	N	N	N	N	N	N	N
Exterior sales and storage	N	N	N	N	N	N	N	N
Exterior sales and storage (wholesale only)	N	N	N	N	N	N	N	N
Farm, see agriculture
Farm equipment sales	N	N	N	N	N	N	N	N
Farmers market	N	N	N	N	N	N	N	N
Farm kitchen, accessory	A	A	N	N	N	N	N	N
Farm kitchen, A/C	A/C	A/C	N	N	N	N	N	N
Farm winery	C	N	N	N	N	N	N	N
Feedlots, commercial (see § 153.078 of this code)	C	N	N	N	N	N	N	N
Fences	See § 153.080 of this code
Flammable gases and liquids, business distribution	N	N	N	N	N	N	N	N
Flex office	N	N	N	N	C	C	C	N
Forests	P	P	P	P	P	P	C	N
Fuel sales (wholesale and storage)	N	N	N	N	N	N	N	N
Fulfillment Center: e-commerce	N	N	N	N	C	C	C	N
Funeral homes	N	N	N	N	N	N	N	N
Garage, private	A	A	A	A	A	A	A/C	N
Garage, repair (commercial)	N	N	N	N	N	N	N	N
Garage, storage (commercial)	N	N	N	N	N	N	N	N
Golf courses	C	N	N	N	N	N	N	N
Grading	See §§ 153.101 and 153.102 of this code
Greenhouses (commercial production only)	C	N	N	N	N	N	N	N
Gun clubs	N	N	N	N	N	N	N	N
Gun ranges	N	N	N	N	N	N	N	N
Home occupation	P	P	P	P	N	N	N	N
Hotel (see § 153.109 of this code)	N	N	N	C	N	N	N	N
Institutional housing	N	C	N	N	N	N	N	N
Junkyard	N	N	N	N	N	N	N	N
Kennels, private (see § 153.005 of this code)	C	C	N	N	N	N	N	N
Kennels, commercial (see § 153.005 of this code)	N	N	N	N	N	N	N	N
Land reclamation	See § 153.101 of this code
Laboratory: Medical, dental	N	N	N	N	C	C	C	N
Laboratory: research and development	N	N	N	N	C	C	C	N
Lodging room (not more than two)	A	C	C	N	N	N	N	N
Manufacturin g, heavy	N	N	N	N	N	N	N	N
Manufacturin g, light industrial (maximum height of 25 feet in I-1C)	N	N	N	N	C	C	C	N
Marina (including boat rental)	N	N	N	C	N	N	N	N
Medical uses	N	N	N	C	N	N	N	N
Mining, sand and gravel	N	N	N	N	N	N	N	N
Mobile home court/park	N	N	N	N	N	N	N	N
Motel	N	N	N	N	N	N	N	N
Multiple family dwellings (three or more units)	N	N	N	N	N	N	N	N
Nature center (public and private)	C	C	N	N	N	N	N	N
Nursery, retail sale of plants	S	N	N	N	N	N	N	N
Nursery, wholesale growing of plants	P	C	N	N	N	N	N	N
Nursery and garden supplies (exterior or enclosed sales)	P	C	N	N	N	N	N	N
Offices (maximum height of 35 feet in I-1C)	N	N	C	C	C	C	C	N
Offices, accessory	N	N	N	C	C	C	C	A
Office/wareho use	N	N	N	N	C	C	C	N
Off-street loading	N	N	N	A	A	A	A/C	A
Off-street parking	A	A	A	A	A	A	A/C	A
Park	P	P	P	P	P	P	P	N
Park, private	C	C	C	C	C	C	C	N
Photo/art studio	N	N	N	C	N	N	N	N
Race tracks	N	N	N	N	N	N	N	N
*Recreation areas (commercial)	N	N	N	N	N	N	N	N
Recreation equipment storage (private)	A	A	A	A	N	N	N	N
Reduction or processing of refuse, trash and garbage	N	N	N	N	N	N	N	N
Rental of cars, trailers, campers, trucks and similar equipment	N	N	N	N	N	N	N	N
Repair garage (commercial)	N	N	N	N	N	N	N	N
Repair shop (small appliances)	N	N	N	C	N	N	N	N
Research (see § 153.005 of this code)	C	C	N	N	C	C	C	N
Research, agricultural	C	C	N	N	C	C	C	N
No CUP for homes
Residential, multiple-famil y	N	N	N	N	N	N	N	N
Residential, single-family detached	P	P	P	P	N	N	N	C
Residential waterfront uses	A	A	A	A	N	N	N	N
Resorts	N	N	N	N	N	N	N	N
Rest or nursing home	N	N	N	N	N	N	N	N
Retail business	N	N	N	C	N	N	N	N
Retail business, accessory to office	N	N	N	C	C	C	C	N
Retail sales of agricultural supplies	C	N	N	N	N	N	N	N
Riding stable, commercial (minimum of 20 acres)	C	N	N	N	N	N	N	N
Riding stable, private (minimum of 20 acres)	C	C	N	N	N	N	N	N
Riding stable, private, with equine-assiste d therapy (minimum of 20 acres)	C	C	N	N	N	N	N	N
Sales, open lot and outdoor	N	N	N	N	N	N	N	N
Sales, seasonal agricultural	N	N	N	C	N	N	N	N
Schools, private	N	N	N	N	N	N	N	N
Schools, public	N	C	N	N	N	N	N	N
Self storage, multi-story	N	N	N	N	C	C	C	N
Service station	N	N	N	N	N	N	N	N
Signs	See § 153.130 of this code
Solar, accessory to principal use	A	A	A	A	A	A	A	A
Solar, community solar energy system
Ground- mounted					CUP	CUP	CUP
Rooftop					P	P	P
Solar farm					CUP	CUP	CUP
Stand, private roadside (notify neighbor for CUP)	ADMIN	C	N	C	N	N	C	N
Storage, highway during construction	ADMIN	ADMIN	ADMIN	ADMIN	ADMI N	ADMI N	I	N
Storage, enclosed or screened principal use	N	N	N	N	C	C	N	A
Storage, open principal use	N	N	N	N	N	N	N	N
Storage, enclosed, accessory to a principal use	A	A	A	A	A	A	C	N
Storage, not accessory to permitted principal use	N	N	N	N	N	N	N	N
Storage, underground, flammable materials accessory to agricultural or residential use	C	C	C	C	N	N	N	N
Studio, arts or crafts	C	C	C	C	N	N	N	N
Supper club	N	N	N	C	N	N	N	N
Swimming pool (commercial)	N	N	N	N	N	N	N	N
Swimming pool (private)	ADMIN	ADMIN	ADMIN	ADMIN	N	N	N	N
Taverns and bars	N	N	N	C	N	N	N	N
Tennis courts (private)	ADMIN	ADMIN	ADMIN	ADMIN	N	N	N	N
Training facility	N	N	N	N	C	C	C	N
Terminal, transportation /motor freight	N	N	N	N	N	N	N	N
Theater	N	N	N	C	N	N	N	N
Theater, drive-in	N	N	N	N	N	N	N	N
Townhouses	N	N	N	N	N	N	N	N
Trailer parks	N	N	N	N	N	N	N	N
Truck and auto service station	N	N	N	N	N	N	N	N
Temporary farm dwelling (mobile home)	ADMIN	ADMIN	N	N	N	N	N	N
Transportation school	N	N	N	N	N	N	N	N
Used auto parts	N	N	N	N	N	N	N	N
Utility substation	C	C	C	C	C	C	C	C
Vegetative cutting	See § 153.104 of this code
Vehicle sales	N	N	N	N	N	N	N	N
Veterinary clinic	C	N	N	N	N	N	N	N
Warehousing	N	N	N	N	C	C	C	N
Waterfront uses (commercial)	N	N	N	C	N	N	N	N
Waterfront uses (residential)	A	A	A	A	N	N	N	N
Wholesale business	N	N	N	N	C	C	C	N

A	Permitted accessory use
ADMIN	Administrative permit required
C	Conditionally permitted use
I	Interim use permit
N	Not allowed
P	Permitted use
A/C	Permitted accessory, conditional use permit required
*	Except as otherwise noted
**	Conditional permitted uses may be subject to performance standards set out in §§ 153.075 through 153.116 of this code

(Prior Code, § 12-134) (Res. 1997-16, passed 6-17-1997; Ord. 1997-10, passed 5-19-1998; Ord. 1997-12, passed 8-18-1998; Ord. 1997-21, passed 12-15-1998; Ord. 1997-15, passed 1-19-1999; Ord. 07-2008, passed 4-18-2008; Ord. 09-2008, passed 9-16-2008; Ord. 06-2009, passed 6-16-2009; Ord. 02-2014, passed 5-20-2014; Ord. 03-2015, passed 8-18-2015; Ord. 05-2016; passed 5-17-2016; Ord. 01-2018, passed 6-19-2018; Ord. 04-2019, passed 8-20-2019; Ord. 07-2021, passed 8-17-2021; Ord. 08-2021, passed 10-19-2021; Ord. 02-2022, passed 6-21-2022)

§ 153.054 FLOODPLAIN OVERLAY DISTRICT.

(A) Permitted uses. As permitted and regulated under Ch. 159 of this code.

(B) Accessory uses. As permitted and regulated under Ch. 159 of this code.

(Prior Code, 12-135)

§ 153.055 SHORELAND MANAGEMENT OVERLAY DISTRICT.

(A) Permitted uses. As permitted and regulated under Ch. 156 of this code.

(B) Accessory uses. As permitted and regulated under Ch. 156 of this code.

(Prior Code, 12-136)

§ 153.056 CONSERVANCY OVERLAY DISTRICT.

(A) Purpose. To manage areas unsuitable for development due to wet soils, steep slopes or large areas of exposed bedrock, and manage areas of unique natural and biological characteristics in accordance with compatible uses. These are areas which may be unsuitable for development due to wet soils, steep slopes, heavy vegetation, scenic views, bedrock formations and/or other physical features of unique natural and biological characteristics in need of proper land use management. The areas shall also include the following:

(1) Elements of the local hydrological system in need of protection and preservation;

(2) Protection of open space as designated in the Comprehensive Plan; and

(3) Critical areas and state management areas as designated by federal and state actions and regulations related to the Lower St. Croix River.

(B) Permitted and accessory uses. All uses permitted in the basic zoning district and other regulating overlay districts shall require an administrative permit.

(C) Conditionally permitted uses. All uses allowed by conditional use permit in the basic zoning district and other regulating overlay districts shall require a conditional use permit.

(D) Designation of conservancy areas. Any land area within the city which meets the criteria listed in division (A) above, whether or not so designated on the official zoning map shall be considered conservancy for permit purposes. Areas designated on the official zoning map as conservancy may be excluded by action of the City Council if it is demonstrated conservancy conditions do not exist.

(Prior Code, § 12-137)

§ 153.057 ST. CROIX RIVER OVERLAY DISTRICT.

(A) Permitted uses. As permitted and regulated under Ch. 157 of this code.

(B) Accessory uses. As permitted and regulated under Ch. 157 of this code.

(Prior Code, § 12-138)

§ 153.058 AGRICULTURAL PRESERVES (AP) OVERLAY DISTRICT.

(A) Purpose. To preserve, promote, maintain and enhance the use of land for agricultural purposes where it is necessary and desirable because of high quality soils, availability of water and/or highly productive agricultural capability and to protect the land from encroachment by nonagricultural uses, structures or activities.

(B) Permitted uses and structures. The following uses shall be permitted by right:

(1) Commercial agricultural and horticulture;

(2) Farm buildings;

(3) Farm drainage and irrigation systems;

(4) Forestry and tree farms;

(5) One farm dwelling on each farm;

(6) Up to three dwelling units on each quarter-quarter section to include at most one farm dwelling and two non-farm dwellings, or three non-farm dwellings provided:

(a) The landowner has enough acres in AP so that the overall density does not exceed the one dwelling unit per quarter-quarter section limitation of the agricultural preserve, and agrees to covenant that the acreage necessary to maintain that density may not be subdivided, or developed with additional dwelling units, until the encumbered acres have been removed from the agricultural preserve, and in conformance with the provisions of § 153.059 of this code;

(b) Each dwelling unit shall be located on a separately owned parcel which shall be at least five acres in size and entirely within one quarter-quarter section;

(c) This procedure is subject to the regulations of Ch. 160 and § 153.059(K) of this code. When the parcels on which the dwelling units are located are created by a minor subdivision, at most three parcels may be created in each quarter-quarter section;

(d) Each parcel on which a dwelling unit is located must have at least 300 feet of frontage along an existing, improved public street;

(e) The driveway serving the parcel shall be separated from adjacent driveways on the same side of the street by the following distances depending upon street type:

1. Local street: 300 feet;

2. Collector street: 300 feet;

3. Minor arterial: 500 feet; and

4. Minimum distance from the intersection of two or more of the above: 100 feet.

(f) The dwelling shall be set back at least 105 feet from the nearest existing or planned street centerline and be separated at least 500 feet from the nearest farm building.

(7) Historic sites; and

(8) Other uses as permitted by § 153.053 of this code for the zoning district.

(C) Permitted accessory uses and structures. The following accessory uses and structures shall be permitted. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, and those accessory uses permitted by § 153.053 of this code for the zoning district.

(D) Conditionally permitted uses. The following conditionally permitted uses may be approved by the City Council provided that the provisions and requirements of this chapter are fully met:

(1) Feedlots and poultry facilities;

(2) Home occupations; and

(3) Agricultural service establishments incidental to the principal agricultural use of the property primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including corn shelling, hay bailing, thrashing, sorting, grading and packing of fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; fruit picking; grain cleaning; harvesting and plowing; farm equipment service and repair; veterinary services; and the boarding and training of horses.

(E) Other specially permitted uses. Other uses as allowed by administrative permit by § 153.053, of this code for the zoning district.

(F) Standards for granting conditional use permits. No conditional use permit shall be issued by the City Council unless following review and written findings it determines that the proposed use satisfies the following conditions and the conditions set forth in § 153.027 of this code.

(1) Non-farm structures shall be sited on a separately surveyed and described parcel.

(2) The use shall not be one to which the noise, odor, dust or chemical residues of commercial agriculture may have an adverse impact on or result in the agricultural use being designated a nuisance or trespass.

(3) All agricultural service establishments shall be located at least 300 feet from any driveway affording access to a farm dwelling or field and at least 500 feet from any single-family dwelling.

(4) All agricultural service establishments shall be screened on the perimeter of the establishment by a solid fence, wall or natural vegetation of not less than six feet in height.

(5) An agricultural service establishment shall be incidental and necessary to the conduct of agriculture within the Agricultural Zoning District; and public utility and service structures shall be located and constructed at the places and in a manner that they shall not interfere with the conduct of agriculture by limiting or interfering with the access of fields or the effectiveness and efficiency of the farmer and farm equipment including crop spraying aircraft.

(G) Prohibited uses and structures. All other uses and structures which are not specifically permitted by right or by conditional use permit shall be prohibited in the AP Overlay District.

(H) Minimum lot sizes, yard requirements and structure spacings.

(1) Lot size. Five acres with a minimum buildable area of two and one-half acres, not to exceed a density of one dwelling unit for each quarter-quarter section of at least 35 acres.

(2) Yard requirements. As regulated by § 153.053 of this code for A and AP Zoning Districts of this chapter.

(3) Structure spacing. Non-farm uses shall be separated at least 500 feet from the nearest farm building.

(I) Conservation. Land within an agricultural preserve shall be farmed and otherwise managed according to sound soil and water conservation management practices. Management practices which are not sound shall be any use of the land resulting in wind or water erosion in excess of the soil loss tolerance for each soil type as found in the United States Soil Conservation Service, and the state’s technical guide.

(J) Complaint. Upon receipt of a written complaint stating the conditions or land management practices which are believed to be in violation of division (H) above, the City Council shall consult with the County Soil Conservation District. The district shall determine the average soil loss in tons per acre per year for each field cited in the complaint according to the universal soil loss equation and the wind erosion equation, and shall return to the City Council a report showing the average soil loss in tons per acre per year for each field and a list of alternative practices that the landowner can use to reduce the soil loss to the allowed limit mentioned in division (H) above. After consultation, and if in the judgment of the City Council the land is not being managed properly as required herein, the City Council shall adopt a resolution to this effect and shall seek corrective measures from the owner. At the request of the landowner, the district shall assist in the planning, design and application of the practices selected to reduce the soil loss to an acceptable level and shall give landowners a high priority for providing technical and cost share assistance.

(K) Subdivision. Subdivision of property within an AP Overlay District shall be subject to the following regulations in addition to the regulations of Ch. 160.

(1) To the extent feasible, each lot created for a non-farm use shall be located on land not suitable for agricultural use. The land includes areas of nonprime agricultural soils as defined in the Comprehensive Plan, areas with slopes of 13% and greater, areas of heavy natural vegetation and areas unsuitable for agricultural production because of size.

(2) Each lot less than one quarter-quarter section in area created for nonagricultural use shall be approved by the City Council prior to recording of the deed at the County Recorder’s office. No building or zoning use permit shall be issued for any lot created after the adoption date of the ordinance from which this chapter was derived unless the City Council has approved the property description and certificate of survey for the lot.

(3) No lot shall be created that results in a need for the construction of any public or private street or access easement.

(4) Each lot created shall have a minimum buildable area of two and one-half acres. Buildable area shall be defined as land having a slope of 13% or less and enough soils suitable for the installation of two on-site sewage treatment systems.

(5) No lot shall be created that might be adversely affected by adjacent agricultural operations in terms of noise, dust, odors or other activities that might result in the agricultural operation being designated a nuisance or trespass.

(L) Eligibility. To be eligible for agricultural preserve certification, the landowner must submit a rezoning application to the City Administrator requesting that his or her land be zoned at a density of one dwelling unit for each quarter-quarter section and prove the land meets the following criteria.

(1) The land shall be designated as being agricultural on the Comprehensive Plan land use map.

(2) The land comprises 40 or more contiguous acres or a minimum of 35 acres provided the land is a single quarter-quarter parcel and the amount less than 40 acres is due to a public right-of-way or a perturbation in the rectangular survey system resulting in a quarter-quarter section of less than 40 acres; noncontiguous parcels may be included to achieve the minimum acreage requirement provided that each parcel is at least ten acres in size and provided that all separate parcels are farmed together as a unit.

(3) The land comprises not less than 20 acres, is surrounded by eligible land on not less than two sides, consists predominately of class I, II or III soils according to the land capability classification system of the county’s Soil Conservation District, is considered by the City Council to be an essential part of the Agricultural District, and was a parcel of record prior to January 1, 1980, or was an agricultural preserve prior to becoming a separate parcel of at least 20 acres.

(M) Application for rezoning. An application for rezoning shall be processed as regulated by § 153.029 of this code.

(N) Forms. The following forms may be obtained from the Zoning Administrator or City Administrator. An application for agricultural preserve certification shall consist of the following completed forms to be submitted to the City Administrator:

(1) Application for initiating placement of land into a metropolitan agricultural preserve;

(2) Affidavit of authority; and

(3) Metropolitan agricultural preserves restrictive covenant.

(O) Review. The City Administrator shall submit the application for agricultural preserve certification to the Planning Commission for its review and recommendation at its next regularly scheduled meeting following submission of the application to the City Administrator.

(P) Recommendation. The Planning Commission shall review the application and forward a recommendation of certification or denial to the City Council at its next regularly scheduled meeting following the Planning Commission’s meeting at which the review was conducted.

(Q) Granting or denial of certification. The City Council shall either grant or deny the application for certification. If certification is granted, the City Council shall, within five days, submit the original application to the County Recorder for proper recording and copies to:

(1) The County Auditor, County Assessor, County Soil Conservation District; and

(2) The Metropolitan Council.

(R) Fee. The City Council may require an application fee not to exceed $50 to defray administrative costs.

(S) Termination of an agricultural preserve. An agricultural preserve shall continue until either the landowner or the City Council initiates expiration as follows.

(1) A landowner may initiate expiration by submitting a notice initiating expiration of a metropolitan agricultural preserve, available from the City Administrator to the City Council. The applicant may rescind the notice and expiration at any time during the first two years following the notice.

(2) (a) The City Council may initiate expiration by notifying the landowner by registered letter provided the Comprehensive Plan and zoning for the land have been officially amended so that the land is no longer planned and zoned for long-term agriculture, evidenced by a maximum residential density permitting more than one dwelling unit on each quarter-quarter section.

(b) The notice shall describe the property for which the expiration is desired and shall state the date of expiration which shall be at least eight years from the date of the notice.

(c) Upon receipt of the notice provided in this section, or upon notice served by the City Council as provided in this section, the City Council shall notify the County Recorder, County Auditor, County Assessor, County Soil Conservation District and the Metropolitan Council of the date of expiration.

(d) An agricultural preserve shall not expire any sooner than eight years after the date of the notice initiating expiration of a metropolitan agricultural preserve.

(T) Expiration. Expiration of an agricultural preserve initiated by the landowner shall not automatically result in a rezoning of the property to a greater density.

(U) Early termination. Termination of an agricultural preserve earlier than a date derived through application as regulated in this section shall be permitted only if the governor declares a public emergency pursuant to a petition submitted to him or her by either the landowner or the City Council.

(V) Architectural standards for institutional use structures. Institutional use structures shall be of fire-resistive construction, and exterior surfaces of all structures must be faced with brick, stone, architectural concrete (block), precast concrete, EIFS/stucco panels or glass, of earthtones or other tones or colors in harmony with the natural characteristics of the area in which it is constructed and approved by the Design Review Commission, acting as the Architectural Standards Committee.

(1) Building design shall be reviewed and evaluated by the Design Review Commission, City Planner and/or Zoning Administrator.

(2) Blank facades without windows and doors are prohibited, with the exception of the side facing away from the public street.

(3) All sides of structures shall have the same quality of architectural treatment.

(4) Variety and creativity in building facade is required through changes in building materials (but not in quality of materials), placement of doors and windows, height and roof lines. Primary facades shall not present a continuous wall without architectural details that add visual interest through articulation, recession or projection.

(5) Topographical features shall be incorporated into the form of the structure when possible, utilizing natural grade.

(6) (a) The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed shall be screened from the ground level view. Screening may include parapet walls, penthouses or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening.

(b) The term GROUND LEVEL VIEW shall be defined as the view of the building from the property line(s) that abuts a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.

(7) Rooftop solar collectors, skylights and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views from other sites and structures.

(8) Roof slopes shall not exceed 1:12 for all principal buildings.

(9) Delivery, service, storage, maintenance and trash collection areas shall be located out of view from the public right-of-way or substantially screened through landscaping or architectural features that match the primary structure. Service, storage and trash collection areas are not allowed in setback areas.

(10) All permanent utilities connecting to a building shall be underground.

(Prior Code, § 12-139) (Ord. 01-2012, passed 1-17-2012; Ord. 08-2020, passed 10-20-2020) Penalty, see § 153.999

§ 153.059 AGRICULTURAL (Ag) ZONING DISTRICT.

(A) Purpose.

(1) The Ag Zoning District is intended to recognize land in the city that is primarily rural in character with the primary land use being farming or agriculture.

(2) This district is designated in recognition of the Comprehensive Plan that states the city’s policy to retain prime agricultural land and to encourage the continuance of commercial farming.

(3) While non-farm housing is a permitted use as regulated herein, the primary purpose of the district is to preserve and protect land for commercial farming.

(B) Permitted uses and structures. The following uses shall be permitted:

(1) Single-family residential housing at a density of one dwelling unit per ten acres provided that total acreage divided by ten equals allowed density. All numbers shall be rounded down. Each dwelling unit shall be located on a separately owned parcel which shall be at least five acres in area;

(2) The parcel on which a dwelling unit is located shall have at least 300 feet of frontage along an existing, improved public street;

(3) The driveway serving the parcel shall be separated from adjacent driveways on the same side of the street by the following distances depending upon street type:

(a) Local street: 300 feet;

(b) Collector street: 300 feet;

(d) Minimum distance from the intersection of two or more of the above: 100 feet.

(4) The dwelling shall be set back at least 105 feet from the nearest existing or planned street centerline and be separated at least 500 feet from the nearest farm building;

(5) Twenty acres are required to subdivide a property, of which two or more parcels may qualify if 100% of all of the land owners apply; and

(6) Other uses as permitted by § 153.053 of this code for the zoning district.

(C) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, and those accessory uses permitted by § 153.053 of this code for the zoning district shall be permitted.

(D) Conditionally permitted uses. The following conditionally permitted uses may be approved by the City Council provided that the provisions and requirements of this chapter are fully met:

(1) Agricultural service establishments incidental to the principal agricultural use of the property primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including corn shelling, hay bailing, thrashing, sorting, grading and packing of fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; fruit picking, grain cleaning; harvesting and plowing; farm equipment service and repair; veterinary services; and the boarding and training of horses; and

(2) Those uses listed as being allowed by conditional use permit in the Ag Zoning District in § 153.053.

(E) Standards for granting conditional use permits. No conditional use permit shall be issued by the City Council unless following review and written findings it determines that the proposed use satisfies the conditions set forth in §§ 153.027 and 153.058 of this code.

(F) Prohibited uses and structures. All other uses and structures which are not specifically permitted or permitted by conditional use permit shall be prohibited.

(G) Minimum lot sizes, yard requirements and structure spacings.

(1) Lot size. Five acres with a minimum buildable area of two and one-half acres, not to exceed a density of three dwelling units in any quarter-quarter section.

(2) Yard requirements. As regulated by § 153.051 of this code.

(3) Structure spacing. Non-farm uses shall be separated at least 500 feet from the nearest farm building.

(H) Nuisances. In areas where agricultural and nonagricultural uses interface, the nonagricultural developer is to be responsible for any desired screening or fencing that does not interfere with the agricultural use. No condition such as animals, dust, noise or odors shall be considered a nuisance if doing so would inhibit normal agricultural practices and operations unless a condition must be controlled to protect the health and safety of the public.

(I) Development of substandard parcels.

(1) In areas where the maximum density of three dwelling units for each quarter-quarter section was exceeded at the time the ordinance from which this chapter was derived was adopted, individual lots of record before the adoption of the ordinance that are at least five acres in size, and have at least 300 feet of frontage on an existing, improved public street and have enough soils suitable for the installation of two on-site sewage treatment systems may be developed in accordance with the regulations for the RR Zoning District contained in § 153.051 of this code.

(2) Existing dwelling units in areas where the maximum density of three dwelling units for each quarter-quarter section was exceeded prior to the adoption date of the ordinance from which this chapter was derived shall not be considered nonconforming uses and may be altered or otherwise developed in accordance with the regulations for the RR Zoning District contained in § 153.051 of this code.

(J) Conservation. Land within the Ag Zoning District shall be farmed and otherwise managed according to sound soil and water conservation management practices.

(K) Subdivision. Subdivision of property within the Ag Zoning District shall be subject to the following regulations in addition to the regulations of Ch. 160 of this code.

(2) Each lot less than 20 acres in size shall be approved by the City Council prior to recording the deed at the County Recorder’s office. No building or zoning use permit shall be issued for any lot created after the adoption date of the ordinance from which this chapter was derived unless the City Council has approved the property description and certificate of survey.

(3) No lot shall be created that results in a need for the construction of any public or private street or access easement.

(4) Each lot shall have a minimum buildable area of two and one-half acres.

(L) Rezoning. In accordance with the Comprehensive Plan, the City Council shall consider rezoning requests to allow a greater residential density for property within this district only for those properties adjacent to or contiguous with the RR Zoning District.

(M) Architectural standards for institutional use structures. Institutional use structures shall be of fire-resistive construction, and exterior surfaces of all structures must be faced with brick, stone, architectural concrete (block), precast concrete, EIFS/stucco panels or glass, of earthtones or other tones or colors in harmony with the natural characteristics of the area in which it is constructed and approved by the Design Review Commission, acting as the Architectural Standards Committee.

(1) Building design shall be reviewed and evaluated by the Design Review Commission, City Planner and/or Zoning Administrator.

(2) Blank facades without windows and doors are prohibited, with the exception of the side facing away from the public street.

(3) All sides of structures shall have the same quality of architectural treatment.

(5) Topographical features shall be incorporated into the form of the structure when possible, utilizing natural grade.

(6) (a) The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed shall be screened from the ground level view.

(b) Screening may include parapet walls, penthouses or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening.

(c) The term GROUND LEVEL VIEW shall be defined as the view of the building from the property line(s) that abuts a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.

(8) Roof slopes shall not exceed 1:12 for all principal buildings.

(10) All permanent utilities connecting to a building shall be underground.

(Prior Code, 12-140) (Ord. 7-2006, passed 8-15-2006; Ord. 01-2012, passed 1-17-2012) Penalty, see § 153.999

§ 153.060 RURAL RESIDENTIAL (RR) ZONING DISTRICT.

(A) Purpose. The RR District is intended to be primarily a Residential District, but which may also accommodate agriculture and related and accessory uses. This is the general area of the city which is not primarily suited to farming due to soil conditions, slope, tree cover, rock formations and other physical features as indicated in the Comprehensive Plan and is better suited to non-farm housing and related accessory uses.

(B) Permitted uses. As permitted and regulated under § 153.053 of this code.

(D) Minimum lot requirements. Each lot shall be a minimum of five acres in size with a minimum buildable area of two and one-half acres except as provided for in this chapter. Due to limiting environmental conditions, some lots may have to be larger than five acres to assure that those lots shall have the minimum required buildable area.

(E) Architectural standards for institutional use structures. Institutional use structures shall be of fire-resistive construction, and exterior surfaces of all structures must be faced with brick, stone, architectural concrete (block), precast concrete, EIFS/stucco panels or glass, of earthtones or other tones or colors in harmony with the natural characteristics of the area in which it is constructed and approved by the Design Review Commission, acting as the Architectural Standards Committee.

(1) Building design shall be reviewed and evaluated by the Design Review Commission, City Planner and/or Zoning Administrator.

(2) Blank facades without windows and doors are prohibited, with the exception of the side facing away from the public street.

(3) All sides of structures shall have the same quality of architectural treatment.

(5) Topographical features shall be incorporated into the form of the structure when possible, utilizing natural grade.

(6) The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed shall be screened from the ground level view. Screening may include parapet walls, penthouses or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term GROUND LEVEL VIEW shall be defined as the view of the building from the property line(s) that abuts a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.

(8) Roof slopes shall not exceed 1:12 for all principal buildings.

(10) All permanent utilities connecting to a building shall be underground.

(Prior Code, § 12-141) (Ord. 08-2020, passed 10-20-2020) Penalty, see § 153.999

§ 153.061 VILLAGE HISTORIC SITE, RESIDENTIAL (VHS-R) AND COMMERCIAL (VHS-C) ZONING DISTRICTS.

(A) Purpose. These districts are intended to recognize the unique and special environmental qualities and problems of the old village. The purposes of these regulations are:

(1) To assure that all uses, new development and construction, building and site rehabilitation, remodeling, property access, parking and pedestrian circulation are in conformity with the Comprehensive Plan;

(2) To develop and maintain these districts as an economic, social and physical asset to the entire city;

(3) To recognize the unique and special problems of the old village not common to new commercial and residential areas;

(4) To provide an opportunity for all landowners and tenants to be aware of and comment upon all significant activities and development which may affect the well-being of the area; and

(5) To promote the preservation and protection of historic structures to enhance the environmental quality of neighborhoods and to establish and improve property values.

(B) Permitted uses. In addition to those uses permitted by § 153.053 of this code, the following uses shall be permitted: Interior remodeling, except those requiring structural alterations and those allowing a more intensive use of the structure.

(1) All public improvements;

(2) Signs as required in § 153.130 of this code;

(3) All new construction requiring a building permit and exceeding $500 in assessed value as determined by the Building Official; and

(4) All exterior construction, alteration, remodeling or restoration of any structure or sign, except normal maintenance or repairs.

(D) Standards for granting administrative permits. An administrative permit shall be issued by the Zoning Administrator if he or she determines the proposed use satisfies the following conditions and the conditions set forth in § 153.028 of this code.

(1) All work shall be of a character and quality that maintains the distinguishing features of the building and the environment. The removal or alteration of distinctive architectural features shall be avoided as shall alterations that have no historical basis and which seek to create an earlier appearance. The restoration of altered original features, if documentable, is encouraged.

(2) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(3) Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event of replacement, new materials shall match the original in composition, design including consideration of proportion, texture and detail, color and overall appearance.

(4) New additions or alterations to structures shall be constructed in a manner that if the conditions or alterations were to be removed in the future, the form and integrity of the original structure would be unimpaired.

(5) The impact of alterations or additions on individual buildings as well as on the surrounding streetscape shall be considered; major alterations to buildings which occupy a corner lot or are otherwise prominently sited shall be avoided.

(6) New construction shall be compatible with the historic and architectural character of the district.

(7) The city design guidelines that are adopted by the City Council as §§ 161.15 and 161.16 of this code, provide additional guidance for administrative permit design review.

(E) Special uses.

(1) As permitted by § 153.053 of this code; and

(2) As regulated by the standards contained in division (D) above and § 153.027 of this code.

(F) The Design Review Committee.

(1) Established; members. The Design Review Committee is a function of the Heritage Preservation Commission described in § 32.32 of this code.

(2) Determination of level of review; minor work. The Zoning Administrator may apply the guidelines in division (D) above and §§ 161.15 and 161.16 of this code, and, if the work is conforming, approve permits for the following types of work without convening the Design Review Committee:

(a) Reroofing;

(b) Repair or replacement of porches, windows, siding, trim and doors if new materials match existing; or

(3) Determination of level of review; major work. The Zoning Administrator shall convene the Design Review Committee review of all other types of work, including:

(a) Roof alterations and skylights;

(b) Alterations to the front or side elevations visible from the public street including alterations to windows, siding, entries and trim;

(d) New construction, including garages; or

(e) Demolition.

(G) Exemptions. Properties abutting Pennington Avenue and west of Pennington Avenue are exempt from division (D) above and §§ 161.15 and 161.16 of this code. Residences constructed after 1940 and before January 1, 1995, shall be exempt from division (D) above and §§ 161.15 and 161.16 of this code, unless the proposed work involves additions, the construction of new accessory buildings or demolition.

(Prior Code, § 12-142) (Ord. 02-2008, passed 1-9-2008)

§ 153.062 LIGHT INDUSTRIAL (I-1A), LIGHT INDUSTRIAL (I-1B) AND LIGHT INDUSTRIAL (I-1C).

(A) Purpose. The purpose of these districts is to preserve land along major traffic routes to be used by industrial uses that shall provide a sound tax base for the city.

(B) Permitted uses. As permitted and regulated in § 153.053 of this code.

(D) Architectural standards. In the industrial zone, structures must be of fire-resistive construction and exterior surfaces of all structures must be faced with brick, stone, architectural concrete (block), precast concrete, EIFS/stucco panels or glass, of earthtones or other tones or colors in harmony with the natural characteristics of the area in which it is constructed and approved by the Design Review Commission, acting as the Architectural Standards Committee.

(1) Building design shall be reviewed and evaluated by the Design Review Commission, City Planner and/or Zoning Administrator.

(2) Blank facades without windows and doors are prohibited.

(3) All sides of structures shall have the same quality of architectural treatment.

(4) Variety and creativity in building facade is required through changes in building materials (but not in quality of materials), fenestration height and roof lines. Primary facades shall not present a continuous wall without architectural details that add visual interest.

(5) Minimizing continuous expanses of wall through facade articulation, recession or projection is required.

(6) The incorporation of topographical features into the form of the structure when possible, utilizing natural grades to create unique design, is required.

(7) The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed shall be screened from the ground level view. Screening may include parapet walls, penthouses or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term GROUND LEVEL VIEW shall be defined as the view of the building from the property line(s) that abuts a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.

(8) Rooftop solar collectors, skylights and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views from other sites and structures. Screening may be in the form of walls constructed of the same building material and match the coloring of the principal building.

(9) Roof slopes shall not exceed 1:12 for all principal buildings.

(10) Overhead garage doors shall not be visible from a public street, with the exception of interstate highway I-94, and shall not exceed 50% of the perimeter of the building exterior.

(11) Above ground and underground fuel storage tanks are prohibited, with the exception of an above-ground fuel storage tank incorporated into an emergency generator.

(12) Delivery, service, storage, maintenance and trash collection areas shall be located out of view from the public right-of-way or substantially screened through landscaping or architectural features that match the primary structure. Service, storage and trash collection areas are not allowed in setback areas.

(13) All permanent utilities connecting to a building shall be underground.

(E) Landscaping standards. All landscaping shall comply with §§ 153.081 and 153.082 of this code. All properties zoned Light Industrial shall be landscaped in accordance with the following:

(1) Green space. Total green space shall be a minimum of 20% of the gross lot area.

(2) Quality landscape treatment. The minimum number of major or overstory trees on any given site shall be as indicated below. These are the minimum substantial plantings, in addition to other understory trees, shrubs, flowers and ground cover deemed appropriate for a complete quality landscape treatment of the site. Industrial sites shall contain at a minimum the greater of one tree per 500 square feet of gross building floor area, or one tree per 25 lineal feet of site perimeter.

(3) Minimum size of plantings. Required trees and shrubs shall be of the following minimum planting size:

(a) Deciduous trees: Three inches in diameter as measured six inches above ground;

(b) Coniferous trees: Six feet in height; and

(4) Sodding and ground cover. All areas not otherwise improved in accordance with approved site plans shall be planted with tough native materials where appropriate to reduce the amount of watering required and to increase permeability of the site as approved by the Planning Commission and City Council. Native vegetation such as prairie grasses and pollinator-friendly vegetation rather than turf grass is required to be used on 25% of the green space on a site.

(5) Front or side yards. The front or side yard from a public street shall be at least ten feet deep, measured from the street right-of-way line. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, this front or side yard shall extend along the entire frontage of the lot and along both streets in the case of a corner lot.

(6) Buffer yard. The buffer yard requirements for a specific use shall be determined as part of the CUP review process based on the standards and factors listed below.

(a) Buffer yard on side or rear property lines adjacent to property zoned for industrial use.

1. The buffer yard shall be a minimum of 25 feet wide.

2. The buffer yard is not required to include landscaped screening.

3. The buffer yard shall be pervious and vegetated and/or may include areas of stormwater ponding.

4. The buffer yard may also include deciduous canopy trees, shrubs and eco-grasses, but may not include irrigated grass.

5. If a side or rear property boundary is adjacent to undevelopable open space, i.e. wetlands, this open space may reduce or replace the need for a buffer yard.

(b) Buffer yard adjacent to property zoned for residential use.

1. The buffer yard shall extend a minimum of 100 feet from the property line, but can be reduced to a minimum of 50 feet if adequate screening is provided and maintained. Adequate screening is generally defined as 90% opacity year-round that is achieved within a period of five years. The degree of opacity is measured based on the view of a person standing on the adjacent property at a distance equal to the required yard setback.

2. The actual type and amount of screening to be considered adequate screening for a specific use shall be determined based on the following criteria:

a. The height and width of the proposed structure(s) to be screened;

b. The anticipated level of activity and noise to be generated by the proposed use;

c. The distance to the nearest residential structure;

d. The quality and density of existing vegetation on the adjacent property;

e. The ability to adequately screen the proposed structure(s) from the residential use;

f. The topography of the area, which could make it difficult or impossible to fully screen the industrial building or use from the residential;

g. The buffer yard shall not include irrigated lawn area; and

h. The maintenance of the vegetation in the buffer yard shall be the responsibility of the conditional use permit holder.

(c) Plant units required. Within the landscaped buffer yard, a minimum of 200 plant units shall be required for each 100 feet of property line.

(d) Plant unit credit. Credit for plant units shall be assigned as follows:

Vegetation	Plant Unit Value
Deciduous trees	10
Evergreen/coniferous shrubs	5
Evergreen trees	15
Shrubs/bushes	1

(7) Landscape guarantee. An agreement shall be signed between the city and the owner which states that in exchange for issuance of a building permit, the owner shall construct, install and maintain all items shown on the approved plan and that he or she shall replace and/or correct any deficiencies or defaults that occur in the plan for a period of two complete growing seasons subsequent to the installation of the landscaping plan. A letter of credit or cash deposit shall be submitted along with the agreement at this time.

(a) If after two growing seasons all the commitments are met, then the letter of credit or cash deposit and contract agreement are released to the applicant or property owner.

(b) According to ordinance, the developer/owner is responsible for permanently maintaining the landscaping in a neat and proper fashion.

(8) Approved landscaping plan maintenance.

(a) It shall be the responsibility of the current property owner to see that the approved landscaping plan is maintained in an attractive and well-kept condition. Maintenance shall include replacement of dead or damaged plant material; the furnishing and installation of mulch; weeding; mowing of grass; cleaning of litter; or any other action deemed necessary by the city to ensure the requirements of this section are met.

(b) Any action that reduces canopy cover and/or landscaping below what is required in this section shall require in-kind replacement. Failure to maintain a landscape area shall be deemed a violation of this chapter.

(9) Landscaping in parking areas.

(a) Parking areas that contain more than four parking spaces shall be landscaped throughout the lot to the extent of at least 10% of the hard surface area of the parking lot and driveways to the public right-of-way, as measured from the outside curb. These landscaped areas shall consist of curb islands approximately ten feet in width at the ends of each row of parking, excluding locations of handicapped spaces. Curb islands shall also be designed to break up longer rows of parking.

(b) Where feasible, linear parking lot landscaped islands, parking lot rain gardens, depressed infiltration curb islands and demonstrated parking areas shall also be included in the parking lot design.

(c) A combination of at least one tree and shrubs or semi-annual flower species plants shall be planted in curb islands or interior parking lot open space for each ten required parking spaces. Where the city determines that the parking lot design cannot reasonably accommodate curb islands or other landscaping open space features or cannot accommodate that amount of landscaping cited herein, plant materials shall be moved to the outside perimeter of the parking lots.

(F) Lighting. The following shall apply to all industrial properties in addition to the requirements set forth in § 153.085 of this code.

(1) Any light fixture intended to illuminate the site shall contain a cutoff which directs the light at an angle of 90 degrees or less. Exposure of the light source shall not be permitted in view of adjacent property or public right-of-way.

(2) The maximum height above the ground grade for light fixtures mounted on a pole is 25 feet.

(3) No light sources shall be located on the roof unless the light enhances the architectural features of the building and is approved by the Zoning Administrator.

(4) All light poles shall be black or another similarly dark color.

(G) Exterior storage screening standards.

(1) Exterior storage includes the storage of goods, materials, manufactured products, equipment school buses, motor freight tractors and trailers and similar items not fully enclosed by a building.

(2) Exterior storage requires 100% screening with a wall constructed only of the materials allowed to be used for the principal structure, and requires vegetative screening along the wall.

(3) The area of exterior storage may not exceed 40% of the area of a lot that is five or more acres. The area of exterior storage may not exceed the lesser of 75% of the footprint of the building or 40% of the area of the lot on lots smaller than five acres. Storage must be located to the rear or side of the principal building on the site.

(Prior Code, § 12-143) (Ord. 11-2007, passed 8-7-2007; Ord. 07-2009, passed 6-16-2009; Ord. 01-2018, passed 6-19-2018; Ord. 03-2021, passed 5-18-2021) Penalty, see § 153.999

§ 153.063 MARINE SERVICES (MS) ZONING DISTRICT.

(A) Purpose. The purpose of this district is to complement the river accesses and marinas by providing storage and repair of boats and boat trailers.

(B) Permitted uses. As provided in § 153.053 of this code.

(D) Architectural standards. In harmony with the natural characteristics of the area in which it is constructed and approved by the Design Review Committee, acting as the Architectural Standards Committee.

(Prior Code, § 12-144) (Ord. 1997-15, passed 1-19-1999)

§ 153.064 PRESERVATION AND LAND CONSERVATION DEVELOPMENT (PLCD).

(A) Purpose. To encourage a more creative and efficient development of land and its improvements through the preservation of agricultural land, natural features and amenities than is possible under the more restrictive application of zoning requirements, while at the same time, meeting the standards and purposes of the Comprehensive Plan and preserving the health, safety and welfare of the citizens of the city, as provided in Ch. 166 of this code.

(B) Permitted uses. As permitted and regulated under this title.

(Prior Code, § 12-145) (Ord. 06-2008, passed 4-15-2008)

Afton City Zoning Code

DISTRICTS

§ 153.050 DISTRICTS; GENERAL PROVISIONS.

(A) Basic districts. For the purpose of this chapter, the community is hereby divided into the following basic zoning districts:

District Symbol	Intent and Primary Use
A	Preserve agriculture as a viable permanent land use and a significant economic activity within the city.
I	Provide areas adjacent to major thoroughfares for the express use of industrial developments.
MS	Provide an area for storage and repair of boats and boat trailers to complement the river access and marinas in the city.
RR	Provide rural low density housing on lands not capable of supporting long-term, permanent agricultural production.
VHS-C	Provide a mix of commercial and residential uses within the old village consistent with the atmosphere of a rural village.
VHS-R	Provide higher density housing consistent with a village atmosphere on lots capable of supporting on-site sewage treatment systems in order to prevent the need for public services.

(B) Overlay districts. The following overlay regulations are in addition to regulations imposed by the existing basic zoning district:

District Symbol	Intent and Primary Use
AP	Preserve large areas of agricultural production and provide owners of these areas with economic incentives in accordance with the Agricultural Preserves Act.
C	Preserve, protect and manage environmentally sensitive areas having wet soils, steep slopes, exposed bedrock or unique natural and biological features in accordance with compatible uses.
FP	Protect the natural environment, homes and other structures from floodwaters by preserving the natural overflow of lakes, streams, rivers and watersheds.
LS-1	Protect the ecological and scenic values of waterbodies by regulating setbacks and lot sizes.
SCRR	Conserve and protect the natural scenic values and resources of the St. Croix River Valley in order to maintain the high standard of environmental quality indicative of one of the few remaining wild rivers in the nation.
SCRU	Provide urban density residential and commercial uses within the old village while conserving and protecting the natural scenic values and resources of the St. Croix River Valley.

(Prior Code, § 12-131) (Ord. 1997-19, passed 7-15-1997)

§ 153.051 MINIMUM REQUIREMENTS.

(A) Minimum area, height and the like.

(1) The following chart sets out the dimensional requirements of each basic zoning district:

	A	RR	VHS-R	VHS-C	I-1A	I-1B	I-1C	MS
Front yard setback for all structures from centerline
Local roads (except 15th Street, 60th Street and 50th Street west of County Highway 21	105	105	0*****	65	105	105	105	105
State and county highways and 15th Street, 60th Street and 50th Street west of County Highway 21	150**	150**	0*****	65	150* *	150* *	150* *	150**
Frontage on improved public street (ft) and lot width on cul-de-sac	300***	300***	150***	150***	300* **	300* **	300* **	300** *
Lot area per dwelling unit (du)
One-family structure	1 du / 10A*** (5A min)	5A***	22,500 sq. ft.***	22,500 sq. ft.***				5A
Two-family		10A***
Lot depth (ft)	300*	300*	130*	130*	300*	300*	300*	300*
Maximum buildable slope for structures (percent) except substandards structures****	18	18	12	12	18	18	18	12
Maximum site coverage by any structure and/or impervious surface	10% or one-half acre, whicheve r is greater	10% or one-half acre, whichev er is greater	20%*	20% or 4,350 sq ft, whichever is greater*	35% *	35%	35%	25%
Maximum slope for on-site sewage treatment systems and driveways	12	12	12	12	12	12	12	12
Maximum structure height (ft)	35	35	35	35	50	50	35	35
Minimum main floor area per du (sq ft)	800	800	800	800	800	800	800	800
Minimum nonresidential area				22,500 sq ft	5A	5A	5A	5A
Rear yard setback for all structures (except accessory buildings over 1,500 sq ft)	50	50	30	30	50	50	50	50
Setbacks: accessory buildings over 1,500 sq ft
Side	100	100	NA	NA	50	50	50	50
Rear	100	100	NA	NA	50	50	50	50
Well	200	200	NA	NA	50	50	50	50
Side yard setback for all structures (except accessory buildings over 1,500 sq ft)
From interior lot line (ft)	50	50	10	10	50	50	50	50
From street	As required for a corner lot (ft)
du = dwelling unit / ft = feet / sq ft= square feet
* Maximum three times the width of the lot of ten or more acres.
** Whenever the street right-of-way is greater than 66 feet, the setback shall be 117 feet from the edge of the street right-of-way. In the I-1A and I-1B Districts, the setback from the I-94 right-of-way line shall be a minimum of ten feet.
*** Any division of land resulting in two or more parcels of less than 20 acres, having a width of less than 500 feet at the front lot line shall require subdivision approval. The state legislature has restricted, in municipalities having subdivision regulations, the filing and recording of conveyances on parcels of residential or agricultural land of less than 20 acres and having a width of less than 500 feet where the conveyance results in a division of the parcel into two or more parcels, any one of which is less than 20 acres in area or 500 feet in width.
**** Exceptions to the slope requirement for substandard structures are found in § 153.007 of this code.
***** Subject to all corner lots meeting an 80-foot site triangle.