Baxter City Zoning Code
CHAPTER 3
ZONING DISTRICTS
10-3-1: USE DISTRICTS; PURPOSE:
A. Use Districts Established: The zoning districts designated herein are hereby established so as to assist the city in carrying out the intent and purpose of its comprehensive development plan and to control development in a manner consistent with the provisions of adequate services and utilities. For the purpose of this title, the area within the corporate limits of the city is hereby divided into the following use districts: (Ord. 8, 12-17-1996)
RR | Rural residential district |
RS | Residential staging district |
R-1 | Low density residential district |
R-1A | Medium density single family residential district |
R-2 | Medium density residential district |
R-3 | High density residential district |
C1 | Neighborhood commercial district |
C2 | Regional commercial district |
OS | Office service district |
I | Industry office district |
CI | Annexed commercial industrial district |
PB | Public benefit district |
MC | Memorial park/cemetery |
CP | Community park |
NP | Neighborhood park |
P | Preservation |
PU | Public use |
SL | Shore land overlay district |
B. Purpose Of Districts:
1. RR rural residential district:
a. To provide for long term rural residential development.
b. To allow compatible residential development.
c. To maintain density limitations.
d. To allow development that will not need central sewer service in the future.
e. To preserve open space.
f. To prohibit development of intensive irrigated agriculture and feedlots.
2. RS residential staging district:
a. To provide a staging zone of rural property until a landowner/developer makes application to rezone to develop property, at which time the city may rezone property if the application is consistent with the comprehensive plan and zoning ordinance and does not result in the premature extension of public utilities, roads, facilities and services.
b. To allow compatible residential development.
c. To maintain density limitations.
d. To allow staging of rural residential development to transition to future urban development with public utilities, roads, facilities and services.
e. To preserve open space.
3. R-1 low density residential district:
a. To establish areas for the development of single-family detached housing at a maximum density of up to three (3) units per net acre.
b. To reserve development areas for single-family housing.
c. To restrict encroachment of incompatible uses.
d. To maintain density limitations.
e. To take advantage of municipal utilities.
f. To preserve open space.
4. R-1A medium density single family residential district:
a. To establish areas for the development of higher density with single-family detached housing than with the R-1 district.
b. To reserve development areas for single family housing.
c. To restrict encroachment of incompatible uses.
d. To maintain density limitations.
e. To take advantage of municipal utilities.
f. To preserve open space.
5. R-2 medium density residential district:
a. To establish areas for the development of single- and two- family housing at a maximum density of up to seven (7) units per net acre.
b. To reserve development areas for housing.
c. To restrict encroachment of incompatible uses.
d. To maintain density limitations.
e. To take advantage of municipal utilities.
f. To preserve open space.
6. R-3 high density residential district:
a. To establish areas for development of multiple dwelling structures with a maximum density of twenty (20) units per net acre.
b. To permit the most intensive residential development allowed in the city.
c. To maintain an essentially residential character in areas developed at a more intensive density.
d. To take advantage of municipal utilities.
e. To preserve open space.
7. C1 neighborhood commercial district:
a. To minimize the effects of traffic congestion, noise, odor, glare and similar safety problems.
b. To provide a district which is related to and may reasonably adjoin high density or other residential districts.
c. To meet the shopping and service needs of surrounding neighborhoods and highway users.
8. C2 regional commercial district:
a. To meet retail shopping needs of the regional trade area by providing a district that will accommodate a wide range of retail goods and services.
b. To promote business prosperity by creating an attractive and functional retail center.
c. To provide an integrated retail trade center that groups compatible retail uses.
d. To group compatible retail and service business uses which will tend to draw trade that is naturally interchangeable and so promote business prosperity.
e. To produce a positive visual image by establishing a high standard of design and development.
f. To allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions.
g. To encourage grouping of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure.
h. To alleviate potential traffic congestion on local streets and adjacent highways by the design of the circulation pattern and arrangement of uses.
9. OS office service district:
a. To accommodate an adequate supply of businesses and services that serve the community and motorists traveling through the community with a broad range of services and goods.
b. To provide locations for uses that may be incompatible with retail centers, thereby keeping the retail centers compact and convenient.
c. To keep services in close proximity to arterial streets or highways in areas that are appropriately designated on the comprehensive plan.
d. To encourage grouping of compatible and mutually supportive business uses and services.
e. To promote business prosperity.
f. To establish a high standard of development and design that produces a positive visual image and minimizes the effects of traffic congestion, noise, odor, and glare.
g. To ensure acceptable traffic operations on local streets.
h. To promote flexibility in land uses and site development standards to achieve the purposes of the district.
i. To encourage open space.
10. I industry office district:
a. To provide an area where more intensive light industrial land uses may locate.
b. To present the least deleterious effect to adjacent, less intensive land uses.
c. To encourage grouping of uses with similar requirements for service provisions.
d. To promote business prosperity by concentrating like uses and promoting business interaction.
11. PB public benefit district:
a. MC memorial park/cemetery district: To allow for memorial parks/cemeteries as places to deposit deceased human remains and provide for an area to remember past generations in a pleasurable setting.
b. CP community park district: To allow the construction and maintenance of community parks which are designed and intended to serve the entire community with a broad range of recreation opportunities.
c. NP neighborhood park district: To allow for construction and maintenance of neighborhood parks which are designed and intended for limited recreation needs of a neighborhood.
d. P preservation district: To allow the preservation of representative samples of ecologically significant land and the diversity of life it supports.
e. PU public use district:
(1) To allow water treatment and supply and sewer facilities.
(2) To reserve and manage public land for future public benefit.
12. SL shore land overlay district:
a. To provide guidance for the wise development of shore lands of public waters and thus preserve and enhance the quality of surface waters.
b. To preserve the economic and natural environmental values of shore lands.
c. To provide for the wise use of water and related land resources of the state. (Ord. 8, 12-17-1996; amd. Ord. 2010-6, 5-4-2010; Ord. 2016-035, 6-21-2016; Ord. 2019-010, 7-16-2019)
10-3-2: ZONING DISTRICTS AND SHORE LAND OVERLAY DISTRICT MAPS:
The boundaries of the districts as established by this title are as shown on the map designated as the zoning district map. A permanent and updated copy of the zoning district map shall be filed with the clerk. Zoning district designation amendments shall be noted on the official map. The boundaries of the shore land overlay district are described as lands located within one thousand feet (1,000') of the ordinary high water mark of a lake or three hundred feet (300') of a river or stream, as shown on the map designated as the shore land overlay district map. A permanent and updated copy of the shore land overlay district map shall be filed with the clerk. (Ord. 8, 12-17-1996)
10-3-3: ZONING DISTRICT BOUNDARIES:
The district boundary lines are intended to follow street and highway right of way lines; street and highway centerlines, lot and property or section lines, unless a 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 the dimensions appearing on the map or those scaled from the map. (Ord. 8, 12-17-1996)
10-3-4: PERMITTED USES:
All permitted uses in any zoning district shall be located in a structure that meets all the requirements set forth in this title. A lot must first have a permitted use located in a structure that meets all the requirements of this title in order to have any accessory, conditional, or interim use. No structure, building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such structure, or tract of land shall be located, with the following exceptions:
A. Existing Uses: Uses already established before the effective date hereof and rendered nonconforming by the provisions thereof shall be subject to those regulations governing nonconforming uses.
B. Public Utility; Essential Services: Permitted uses in all districts shall include public utility uses and essential services not involving open storage or structures with a floor of more than twenty four (24) square feet. (Ord. 2010-16, 12-20-2010)
10-3A-1: PERMITTED USES:
Civic buildings such as city halls, fire stations and similar uses (without outside storage).
Essential services.
Fish, wildlife, sustainable yield forest management and similar uses.
Harvesting of wild crops.
Hunting in compliance with section 5-1-4 of this code, fishing, trapping and similar uses.
One-family detached dwelling.
Public parks and similar uses. (Ord. 2013-25, 12-17-2013)
10-3A-2: ACCESSORY USES:
Accessory uses incidental and customary to principal uses allowed in section 10-3A-1 of this article.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Agricultural uses.
Chicken keeping of up to four (4) hen chickens for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Daycare facility accessory to a one-family detached dwelling as defined by statute and licensed by the state.
Domestic animal keeping for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Home occupations pursuant to title 3, chapter 9 of this code.
Residential care facility accessory to a one-family detached dwelling, serving six (6) or fewer individuals as defined by statute and licensed by the state.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2014-19, 6-17-2014; amd. Ord. 2020-006, 7-21-2020)
10-3A-3: CONDITIONAL USES:
Apartment accessory to a one-family detached dwelling.
A. The one-family detached dwelling is owner occupied.
B. The accessory apartment is in the principal building.
C. The apartment accessory use shall be clearly incidental and subordinate.
D. There shall be no separate ownership of the apartment accessory use.
E. Only one such apartment shall be permitted in a one- family dwelling.
Essential service structures.
A. No building shall be located within fifty feet (50') of any lot line of an abutting lot in an R District.
Relocation of a previously occupied house within the City pursuant to subsection 10-1-3D7, "Moving Or Relocating Buildings", of this title and complies with conditions in the "Baxter House Moving Policy Manual" as may be amended.
School.
A. Provided no building shall be located within fifty feet (50') of any lot line.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (Ord. 2013-25, 12-17-2013; amd. Ord. 2018-006, 4-17-2018)
10-3A-4: INTERIM USES:
Animal kennels in compliance with section 10-5-10, "Animals", of this title.
A. Animal kennels shall be at least three hundred feet (300') from any property line.
Farm animal keeping accessory to an allowed principal use in compliance with section 10-5-10, "Animals", of this title.
A. Farm animal keeping shall be at least three hundred feet (300') from any property line.
Stables; commercial and private in compliance with section 10-5-10, "Animals", of this title.
A. Commercial and private stables shall be at least three hundred feet (300') from any property line. (Ord. 2014-19, 6-17-2014)
10-3A-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the F District. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
Without Public Sewer And Water |
Without Public Sewer And Water | |
Minimum lot size | 10 acres |
Minimum lot width | 200 feet interior 220 feet corner |
Minimum principal structure setbacks: | |
Front yard | 40 feet |
Side yard | 30 feet interior 40 feet abutting corner |
Rear yard | 30 feet |
Minimum accessory structure setbacks: | |
Front yard | 40 feet |
Side yard | 10 feet interior 40 feet abutting corner |
Rear yard | 10 feet |
Maximum lot coverage | 15 percent |
Maximum building height | 35 feet |
(Ord. 2016-021, 5-17-2016)
10-3B-1: PERMITTED USES:
Civic buildings such as city halls, fire stations and similar uses (without outside storage).
Essential services.
Fish, wildlife, sustainable yield forest management and similar uses.
One-family detached dwelling.
Public parks and similar uses. (Ord. 2013-25, 12-17-2013)
10-3B-2: ACCESSORY USES:
Accessory uses incidental and customary to principal uses allowed in section 10-3B-1 of this article.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Agricultural uses.
Chicken keeping of up to four (4) hen chickens for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Daycare facility accessory to a one-family detached dwelling as defined by statute and licensed by the state.
Domestic animal keeping for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Home occupations pursuant to title 3, chapter 9 of this code.
Outdoor retail sales of agricultural products provided the products are, at least in part, raised on the premises.
Residential care facility accessory to a one-family detached dwelling, serving six (6) or fewer individuals as defined by statute and licensed by the state.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2014-19, 6-17-2014; amd. Ord. 2020-006, 7-21-2020)
10-3B-3: CONDITIONAL USES:
Apartment accessory to a one-family detached dwelling.
A. The one-family detached dwelling is owner occupied.
B. The accessory apartment is in the principal building.
C. The apartment accessory use shall be clearly incidental and subordinate.
D. There shall be no separate ownership of the apartment accessory use.
E. Only one such apartment shall be permitted in a one-family dwelling.
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Commercial recreation, outdoor (e.g., golf courses, country clubs, public swimming pools and similar uses).
A. Accessory structures shall be a minimum of fifty feet (50') from any lot line.
B. The principal structure shall be one hundred feet (100') or more from any abutting lot in an R District.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Essential service structures.
A. No building shall be located within fifty feet (50') of any lot line of an abutting lot in an R District.
Garden center and landscape nursery.
A. All structures shall be set back at least one hundred feet (100') from any residential property line.
B. Lighting shall comply with all ordinance requirements. If more than twenty five percent (25%) of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.
C. On site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.
D. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line.
Relocation of a previously occupied house within the City pursuant to subsection 10-1-3D7, "Moving Or Relocating Buildings", of this title and complies with conditions in the "Baxter House Moving Policy Manual" as may be amended.
School.
A. Provided no building shall be located within fifty feet (50') of any lot line.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (Ord. 2014-19, 6-17-2014; amd. Ord. 2018-006, 4-17-2018; Ord. 2024-015, 10-15-2024)
10-3B-4: INTERIM USES:
Animal kennels in compliance with section 10-5-10, "Animals", of this title.
A. Animal kennels shall be at least three hundred feet (300') from any property line.
Farm animal keeping accessory to an allowed principal use in compliance with section 10-5-10, "Animals", of this title.
A. Farm animal keeping shall be at least three hundred feet (300') from any property line.
Stables; commercial and private in compliance with section 10-5-10, "Animals", of this title.
A. Commercial and private stables shall be at least three hundred feet (300') from any property line. (Ord. 2014-19, 6-17-2014)
10-3B-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the RS District. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
Without Public Sewer And Water |
Without Public Sewer And Water | |
Minimum lot size | 10 acres |
Minimum lot width | 200 feet interior 220 feet corner |
Minimum principal structure setbacks: | |
Front yard | 40 feet |
Side yard | 30 feet interior 40 feet abutting corner |
Rear yard | 30 feet |
Minimum accessory structure setbacks: | |
Front yard | 40 feet |
Side yard | 10 feet interior 40 feet abutting corner |
Rear yard | 10 feet |
Maximum lot coverage | 20 percent |
Maximum building height | 35 feet |
(Ord. 2016-021, 5-17-2016; amd. Ord. 2019-010, 7-16-2019)
10-3C-1: PERMITTED USES:
Essential services.
One-family detached dwelling.
Public parks and similar uses. (Ord. 2013-25, 12-17-2013)
10-3C-2: ACCESSORY USES:
Accessory uses incidental and customary to principal uses allowed in section 10-3C-1 of this article.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Chicken keeping of up to four (4) hen chickens for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Daycare facility accessory to a one-family detached dwelling as defined by statute and licensed by the state.
Domestic animal keeping for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Home occupations pursuant to title 3, chapter 9 of this code.
Residential care facility accessory to a one-family detached dwelling, serving six (6) or fewer individuals as defined by statute and licensed by the state.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2014-19, 6-17-2014; amd. Ord. 2020-006, 7-21-2020)
10-3C-3: CONDITIONAL USES:
Apartment accessory to a one-family detached dwelling.
A. The one-family detached dwelling is owner occupied.
B. The accessory apartment is in the principal building.
C. The apartment accessory use shall be clearly incidental and subordinate.
D. There shall be no separate ownership of the apartment accessory use.
E. Only one such apartment shall be permitted in a one-family dwelling.
Civic buildings such as city halls, fire stations and similar uses (without outside storage).
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Commercial recreation, outdoor (e.g., golf courses, country clubs and similar uses).
A. Accessory structure shall be a minimum of fifty feet (50') from any lot line.
B. The principal structure for any of the above listed uses shall be one hundred feet (100') or more from any abutting lot in an R district.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Essential service structures.
A. No building shall be located within fifty feet (50') of any lot line of an abutting lot in an R District.
Garden center and landscape nursery.
A. All structures shall be set back at least one hundred feet (100') from any residential property line.
B. Lighting shall comply with all ordinance requirements. If more than twenty five percent (25%) of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.
C. On site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.
D. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line.
Relocation of a previously occupied house within the City pursuant to subsection 10-1-3D7, "Moving Or Relocating Buildings", of this title and complies with conditions in the "Baxter House Moving Policy Manual" as may be amended.
School.
A. Provided no building shall be located within fifty feet (50') of any lot line.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (Ord. 2014-19, 6-17-2014; amd. Ord. 2015-06, 3-17-2015; Ord. 2018-006, 4-17-2018; Ord. 2024-015, 10-15-2024)
10-3C-4: INTERIM USES:
Accessory building as a principal use.
A. The accessory building is located on a parcel of land adjacent to a parcel of land where the landowner's home is located.
B. Both parcels shall be under the same ownership.
C. Only one accessory building shall be allowed on the lot.
D. The accessory building is used for a private garage or storage space and under no circumstances is used for commercial storage or operations or residential living space.
E. The garage shall be designed for the future addition of a home in compliance with all Zoning and Building Code requirements. Such items shall include, but are not limited to, placement on the lot, architectural design and construction of the accessory building with footings to accommodate a home addition in the future. Plans shall be submitted for City review and approval to ensure compliance with the purpose and intent of this section as part of the interim use permit application.
F. The landowner agrees to pay the full future assessment on the lot where the accessory building is located as a principal use.
G. The accessory building as a principal use is intended to be an interim situation. As a condition of approval the landowner agrees to either demolish the accessory building as part of the land sale or agrees to construct a new home on the lot with accessory building as principal use within six (6) months of the land sale.
H. The landowner agrees as a condition of approval that the interim use permit shall be terminated if either lot is sold separately or a new home is constructed on the lot where the accessory building is located as a principal use.
Stables; private in compliance with section 10-5-10, "Animals", of this title.
A. Private stables shall be at least three hundred feet (300') from any property line. (Ord. 2014-19, 6-17-2014)
10-3C-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. New Development: New development shall only be allowed when a full range of municipal services and facilities are available to serve the site.
1. New development for lots without municipal services and facilities of record pursuant to subsection 9-5-3B of this code, provided it complies with subsection 10-1-3D8c, "Nonconforming Lots", of this title.
B. Area Requirements: The following requirements shall be met in the R-1 district. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
Without Public Sewer And Water | With Public Sewer And Water |
Without Public Sewer And Water | With Public Sewer And Water | |
Minimum lot size | Lot of record pursuant to subsection 9-5-3B of this code, provided it complies with subsection 10-1-3D8c, "Nonconforming Lots", of this title | 15,000 square feet |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal building setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 10 feet | |
Maximum lot coverage | 40 percent | |
Maximum building height | 35 feet | |
(Ord. 2013-25, 12-17-2013; amd. Ord. 2016-021, 5-17-2016; Ord. 2019-010, 7-16-2019)
10-3C1-1: PERMITTED USES:
Essential services.
One-family detached dwelling.
Public parks and similar uses. (Ord. 2019-010, 7-16-2019)
10-3C1-2: ACCESSORY USES:
Accessory uses incidental and customary to principal uses allowed in section 10-3C1-1 of this article.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Daycare facility accessory to a one-family detached dwelling as defined by statute and licensed by the state.
Domestic animal keeping for non-commercial purposes in compliance with section 10-5-10, "Animals", of this title.
Home occupations pursuant to title 3, chapter 9 of this code.
Residential care facility accessory to a one-family detached dwelling, serving six (6) or fewer individuals as defined by statute and licensed by the state.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2019-010, 7-16-2019)
10-3C1-3: CONDITIONAL USES:
Apartment accessory to a one-family detached dwelling.
A. The one-family detached dwelling is owner occupied.
B. The accessory apartment is in the principal building.
C. The apartment accessory use shall be clearly incidental and subordinate.
D. There shall be no separate ownership of the apartment accessory use.
E. Only one such apartment shall be permitted in a one-family dwelling.
Civic buildings such as city halls, fire stations and similar uses (without outside storage).
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Commercial recreation, outdoor (for example, golf courses, country clubs and similar uses).
A. Accessory structure shall be a minimum of fifty feet (50') from any lot line.
B. The principal structure for any of the above listed uses shall be one hundred feet (100') or more from any abutting lot in an R district.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Essential service structures.
A. No building shall be located within fifty feet (50') of any lot line of an abutting lot in an R district.
Garden center and landscape nursery.
A. All structures shall be set back at least one hundred feet (100') from any residential property line.
B. Lighting shall comply with all ordinance requirements. If more than twenty five percent (25%) of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.
C. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota department of agriculture.
D. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line.
Relocation of a previously occupied house within the city pursuant to subsection 10-1-3D7, "Moving Or Relocating Buildings", of this title and complies with conditions in the "Baxter House Moving Policy Manual" as may be amended.
School.
A. Provided no building shall be located within fifty feet (50') of any lot line.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed. A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (Ord. 2019-010, 7-16-2019; amd Ord. 2024-015, 10-15-2024)
10-3C1-4: INTERIM USES:
Accessory building as a principal use.
A. The accessory building is located on a parcel of land adjacent to a parcel of land where the landowner's home is located.
B. Both parcels shall be under the same ownership.
C. Only one accessory building shall be allowed on the lot.
D. The accessory building is used for a private garage or storage space and under no circumstances is used for commercial storage or operations or residential living space.
E. The garage shall be designed for the future addition of a home in compliance with all zoning and building code requirements. Such items shall include, but are not limited to, placement on the lot, architectural design and construction of the accessory building with footings to accommodate a home addition in the future. Plans shall be submitted for city review and approval to ensure compliance with the purpose and intent of this section as part of the interim use permit application.
F. The landowner agrees to pay the full future assessment on lot where the accessory building is located as a principal use.
G. The accessory building as a principal use is intended to be an interim situation. As a condition of approval, the landowner agrees to either demolish the accessory building as part of the land sale or agrees to construct a new home on the lot with accessory building as principal use within six (6) months of the land sale.
H. The landowner agrees as a condition of approval that the interim use permit shall be terminated if either lot is sold separately or a new home is constructed on the lot where the accessory building is located as a principal use.
Stables; private in compliance with section 10-5-10, "Animals", of this title.
A. Private stables shall be at least three hundred feet (300') from any property line. (Ord. 2019-010, 7-16-2019)
10-3C1-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. New Development: New development shall only be allowed when a full range of municipal services and facilities are available to serve the site.
1. New development for lots without municipal services and facilities of record pursuant to subsection 9-5-3B of this code, provided it complies with subsection 10-1-3D8c, "Nonconforming Lots", of this title.
B. Area Requirements: The following requirements shall be met in the R-1A district. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | |
Minimum lot size | 12,500 square feet |
Minimum lot width | 80 feet interior 120 feet corner |
Minimum principal building setbacks: Front yard Side yard Rear yard | 40 feet 8 feet interior 40 feet abutting corner 30 feet |
Minimum accessory structure setbacks: Front yard Side yard Rear yard | 40 feet 10 feet interior 40 feet abutting corner 10 feet |
Maximum lot coverage | 40 percent |
Maximum building height | 35 feet |
(Ord. 2019-010, 7-16-2019)
10-3D-1: PERMITTED USES:
Civic buildings such as city halls, fire stations and similar uses (without outside storage).
Essential services.
One-family detached dwelling.
Two-family dwelling.
Up to four-family dwelling or townhouses. (Ord. 2013-25, 12-17-2013)
10-3D-2: ACCESSORY USES:
Accessory uses incidental and customary to principal uses allowed in section 10-3D-1 of this article.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Daycare facility accessory to a one-family detached dwelling as defined by statute and licensed by the state.
Domestic animal keeping for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Home occupations pursuant to title 3, chapter 9 of this code.
Residential care facility accessory to a one-family detached dwelling, serving six (6) or fewer individuals as defined by statute and licensed by the state.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2014-19, 6-17-2014)
10-3D-3: CONDITIONAL USES:
Apartment accessory to a one-family detached dwelling.
A. The one-family detached dwelling is owner occupied.
B. The accessory apartment is in the principal building.
C. The apartment accessory use shall be clearly incidental and subordinate.
D. There shall be no separate ownership of the apartment accessory use.
E. Only one such apartment shall be permitted in a one-family dwelling.
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Essential service structures.
A. No building shall be located within fifty feet (50') of any lot line of an abutting lot in any R district.
Manufactured home parks pursuant to section 10-5-6, "Manufactured Homes And Recreational Camping Vehicles", of this title.
A. The use on land that is at least ten (10) acres, excluding roads.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line. Relocation of a previously occupied house within the City pursuant to subsection 10-1-3D7, "Moving Or Relocating Buildings", of this title and complies with conditions in the "Baxter House Moving Policy Manual" as may be amended.
Rest homes or nursing homes.
A. When directly abutting an R-1 or R-2 District, the building setbacks from those property lines shall be an additional ten feet (10') for every story or fifteen feet (15') in building height.
B. All parking (driveways, aisles, etc.) shall be at least twenty feet (20') set back from those property lines.
C. An off street rider drop off and pick up drive is required.
School.
A. Provided no building shall be located within fifty feet (50') of any lot line.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
Seasonal recreational camping vehicle park (SRCVP) pursuant to title 3, chapter 19 of this Code.
A. The site is a minimum of twenty five (25) acres and is directly served by a collector street or greater road.
B. The development will have at least fifty percent (50%) open space.
C. The facility is under the management of an existing lodging facility located less than one-fourth (1/4) mile away or has on site management acceptable to the City or provides an alternative management system approved by the City.
D. The site is served by City sewer and water.
E. Licensing requirements of title 3, chapter 19 of this Code are met.
F. Any required State licenses are obtained and kept current.
G. The development complies with the "Baxter Seasonal Recreational Camping Vehicle Park Policy Manual" and employs low impact development design as determined by the City. (Ord. 2014-19, 6-17-2014; amd. Ord. 2015-06, 3-17-2015; Ord. 2018-006, 4-17-2018; Ord. 2024-015, 10-15-2024)
10-3D-4: INTERIM USES:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met. (Ord. 2013-25, 12-17-2013)
10-3D-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the R-2 District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 25,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal structure setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 10 feet | |
Maximum lot coverage | 50 percent | |
Maximum building height | 35 feet | |
(Ord. 2016-021, 5-17-2016)
10-3E-1: PERMITTED USES:
Civic buildings such as city halls, fire stations and similar uses (without outside storage).
Essential services.
Public parks and similar uses.
Two-family dwelling.
Up to four-family dwelling or townhouses.
Up to fifty-family dwelling. (Ord. 2013-25, 12-17-2013)
10-3E-2: ACCESSORY USES:
Accessory uses incidental and customary to principal uses allowed in section 10-3E-1 of this article.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Daycare facility accessory to a one-family detached dwelling as defined by statute and licensed by the state.
Domestic animal keeping for noncommercial purposes in compliance with section 10-5-10, "Animals", of this title.
Home occupations pursuant to title 3, chapter 9 of this code.
Residential care facility accessory to a one-family detached dwelling, serving six (6) or fewer individuals as defined by statute and licensed by the state.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2014-19, 6-17-2014)
10-3E-3: CONDITIONAL USES:
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Commercial recreation, outdoor (e.g., golf courses, country clubs and similar uses).
A. Accessory structures shall be a minimum of fifty feet (50') from any lot line.
B. The principal structure for any of the above listed uses shall be one hundred feet (100') or more from any abutting lot in an R district.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Daycare facility accessory to a multi-family dwelling, serving thirteen (13) to sixteen (16) individuals, licensed by the state.
Essential service structures.
A. No building shall be located within fifty feet (50') of any lot line of an abutting lot in an R district.
Manufactured home parks pursuant to section 12-1-10, "Manufactured Homes And Recreational Vehicles", of this Code.
A. The use on land that is at least ten (10) acres, excluding roads.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line.
Relocation of a previously occupied house within the City pursuant to subsection 10-1-3D7, "Moving Or Relocating Buildings", of this title and complies with conditions in the "Baxter House Moving Policy Manual" as may be amended.
Residential care facilities accessory to a multi-family dwelling, serving seven (7) to sixteen (16) individuals, licensed by the State.
Rest homes, nursing homes, and assisted living facilities.
A. When directly abutting an R-1 or R-2 District, the building setbacks from those property lines shall be an additional ten feet (10') for every story or fifteen feet (15') in building height.
B. All parking (driveways, aisles, etc.) shall be at least twenty feet (20') set back from those property lines.
C. An off street rider drop off and pick up drive is required.
School.
A. Provided no building shall be located within fifty feet (50') of any lot line.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (Ord. 2014-19, 6-17-2014; amd. Ord. 2015-06, 3-17-2015; Ord. 2017-009, 7-18-2017; Ord. 2018-006, 4-17-2018; Ord. 2023-013, 9-19-2023; Ord. 2024-015, 10-15-2024)
10-3E-4: INTERIM USES:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met. (Ord. 2013-25, 12-17-2013)
10-3E-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the R-3 District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 25,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal building setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 10 feet | |
Maximum lot coverage | 50 percent | |
Maximum building height | 45 feet | |
(Ord. 2016-021, 5-17-2016)
10-3F-1: PERMITTED USES:
The following neighborhood retail sales and service businesses with a ground floor footprint of thirty thousand (30,000) square feet or less supplying commodities or performing a service primarily for residents of the surrounding neighborhood:
Bakeries; retail.
Banks, savings and loans, credit unions and the like (without drive-through).
Barbershops, beauty shops; other personal service uses.
Civic buildings such as city halls, fire stations and the like (without outside storage).
Clinics including multispecialty outpatient clinic.
Convenience stores (without motor fuel stations).
Copy/printing services (excluding printing presses and publishing facilities).
Drugstores and pharmacies (without drive-through).
Dry cleaning and laundry pick ups, self-service laundromats, incidental pressing, tailoring, repair and the like (without dry cleaning processing).
Essential services.
Fitness centers and fitness related studios such as karate, yoga, dance and the like (less than 5,000 square feet in size).
Florists, hobby, craft or variety stores and the like.
Hardware stores.
Offices; professional and medical.
Restaurants (without drive-through).
Studios; art related.
Retail goods and services of a similar nature, as determined by the Zoning Administrator. (Ord. 2019-001, 3-19-2019)
10-3F-2: ACCESSORY USES:
Accessory uses incidental and customary to uses allowed in section 10-3F-1, "Permitted Uses", of this article shall not occupy more than thirty percent (30%) of the gross floor area of the principal building.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Adult use, accessory pursuant to title 3, chapter 4 of this Code.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this Code. (Ord. 2019-001, 3-19-2019)
10-3F-3: CONDITIONAL USES:
The following are conditional uses, subject to the conditions outlined in section 10-7-4 of this title and the specific standards and criteria that may be cited for a specific use:
Adult use, principal, pursuant to title 3, chapter 4 of this Code.
Car washes.
A. The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.
B. The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice buildup during winter months.
C. Hours of operation shall be limited to between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily.
D. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area.
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Daycare facility provided:
A. Unless exempted by the Zoning Administrator, where an outdoor play area of a daycare facility abuts any commercial or industrial use or zone, or public right-of-way, the daycare facility shall provide screening along the shared boundary of such uses, zones or public rights-of-way. All of the required fencing and screening shall comply with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
B. There shall be adequate off street parking which shall be located separately from any outdoor play area. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with section 10-5-2, "Off Street Parking", of this title.
C. When a daycare facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off street parking demand will result.
D. Off street loading space in compliance with section 10-5-3, "Loading Spaces", of this title.
E. All signing and informational or visual communication devices shall be in compliance with section 10-5-1, "Signs", of this title.
F. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly.
Funeral homes and mortuaries.
Motor fuel stations in compliance with section 10-5-8, "Motor Fuel Stations", of this title and the following:
A. Application Requirements: That the area and location of space devoted to nonautomotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be only as allowed by the conditional use permit and shall be limited to ten percent (10%) of the gross floor area of its associated principal use.
B. Separation Of Spaces: The off street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.
C. Installations: Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.
D. Compliance: All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements of the C1 District.
E. Canopy Lighting: All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a ninety degree (90°) cutoff. Illumination levels for pump islands shall not exceed thirty (30) foot-candles.
F. Litter Control: The operation shall be responsible for litter control within three hundred feet (300') of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.
Multi-business signs, as regulated in section 10-5-1, "Signs", of this title.
Pet daycare and overnight boarding (cats and dogs), provided:
A. The daycare/overnight boarding facility, including any outdoor play area, is located at least three hundred feet (300') from any property zoned as residential in the City's Zoning Map or guided as residential in the City's Future Land Use Map.
B. An eight foot (8') solid fence is constructed to fully enclose any outdoor play and potty areas.
C. All pets are kept indoors for overnight boarding.
D. The daycare/boarding facility shall be in compliance with section of this title.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line.
Veterinary; related indoor kennels provided:
A. All pens or cages must be completely enclosed within a building with the exception of incidental run areas that shall be limited to ten percent (10%) of the gross floor area of its associated principal use, to a maximum of five thousand (5,000) square feet.
B. All indoor activities shall include soundproofing and odor control.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this Code. (Ord. 2014-19, 6-17-2014; amd. Ord. 2015-06, 3-17-2015; Ord. 2019-001, 3-19-2019; Ord. 2023-013, 9-19-2023; Ord. 2024-015, 10-15-2024)
10-3F-4: INTERIM USES:
The following are interim uses, subject to the conditions outlined in chapter 7 of this title, interim uses, and the specific standards and criteria that may be cited for a specific use:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met. (Ord. 2013-20, 11-19-2013)
10-3F-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the C1 District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 20,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal structure setbacks: | ||
Front yard | 30 feet | |
Side yard | 10 feet interior 30 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks: | ||
Front yard | 30 feet | |
Side yard | 10 feet interior 30 feet abutting corner | |
Rear yard | 10 feet | |
Maximum building height | 35 feet | |
Maximum ground floor footprint | 30,000 square feet | |
Maximum lot coverage | 50 percent | |
Maximum impervious surface (other than Shore Land Overlay District) | 88 percent | |
Maximum impervious surface (Shore Land Overlay District) | 25 percent | |
(Ord. 2016-021, 5-17-2016)
B. Fence, Screen Required: Wherever a C1 District abuts or is across the street from an R District, a fence or compact evergreen screen is required pursuant to section 10-4-8, "Screening/Landscaping/Fencing", of this title. (Ord. 2013-20, 11-19-2013)
10-3G-1: PERMITTED USES:
The following retail sales and service businesses supplying commodities or performing a service primarily for residents of the surrounding trade area:
Auto accessory retail (not including service).
Bakeries; retail.
Banks, savings and loans, credit unions and the like (without drive- through).
Barbershops, beauty shops; other personal service uses.
Brewer and brewer taproom.
Bus/transit stations or terminals without vehicle storage.
Cannabis retailer, pursuant to the cannabis retail buffer and cannabis retail limit, as allowed in this title.
Cannabis delivery services.
Civic buildings such as city halls, fire stations and the like (without outside storage).
Clinics including multispecialty outpatient clinic.
Commercial recreation, indoor (e.g., bowling alleys, roller rinks and the like).
Convenience stores (without motor fuel stations).
Copy/printing services (excludes printing presses and publishing facilities).
Department stores.
Drugstores and pharmacies (without drive-through).
Dry cleaning and laundry pick ups, self-service laundromats, incidental pressing, tailoring, repair and the like (without dry cleaning processing).
Essential services.
Fitness centers and fitness related studios such as karate, yoga, dance and the like.
Florists, hobby, craft or variety stores and the like.
Furniture and household appliance stores.
Grocery stores.
Hardware stores.
Hotels and motels.
Liquor; off-sale.
Lower-potency hemp edible retailers.
Medical cannabis combination business, not including cultivation or manufacturing.
Motor vehicle detailing shops.
Offices; professional and medical.
Plumbing, television, radio, electrical sales and related accessory repair.
Public and private clubs and lodges.
Reception halls/event centers/conference centers.
Religious institutions (limited to worship and directly related social events).
Restaurant (without drive-through).
Sporting goods and similar retail sales.
Studios; art related.
Tobacco specialty store.
Retail goods and services of a similar nature, as determined by the Zoning Administrator. (Ord. 2013-20, 11-19-2013; amd. Ord. 2016-017, 5-17-2016; Ord. 2023-009, 7-18-2023; Ord. 2023-012, 8-15-2023; Ord. 2024-018,12-3-2024)
10-3G-2: ACCESSORY USES:
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Accessory uses incidental and customary to uses allowed in section 10-3G-1, "Permitted Uses", of this article shall not occupy more than thirty percent (30%) of the gross floor area of the principal building.
Adult use, accessory pursuant to title 3, chapter 4 of this Code.
Outdoor display and sales (permanent) of convenience items displayed by the principal use that directly relate to the principal use. Items may include windshield washer fluid, softener salt, fire wood, propane tanks for exchange, or other similar convenience items. The display area for such items shall not exceed ten percent (10%) of the principal structure footprint and must be located on a surface that is allowable under this title.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this code. (Ord. 2018-11, 8-22-2018)
10-3G-3: CONDITIONAL USES:
The following are conditional uses, subject to the conditions outlined in section 10-7-4 of this title and the specific standards and criteria that may be cited for a specific use:
Adult use, principal pursuant to title 3, chapter 4 of this Code.
Car washes.
A. The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.
B. The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice buildup during winter months.
C. Hours of operation shall be limited to between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily.
D. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area.
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Convenience stores/meat markets (without motor fuel stations) with accessory propane fill station provided:
A. One tank may be allowed not to exceed one thousand (1,000) pounds.
B. The tank and weighing station shall not exceed six feet (6') in height and shall be set back ten feet (10') or more from property lines.
C. The tank and weighing station shall be fully screened from view to public streets and adjacent properties with a solid fence or wall. The fence/wall shall include an earth tone color and be consistent in appearance with the principal structure.
D. Coniferous trees shall be planted on the outside of the fence/wall to soften the appearance of the fence/wall from adjacent properties and rights-of-way.
E. The propane tank shall be painted an earth tone color.
F. The weigh station building shall be painted an earth tone color or stainless steel.
G. Exterior signage is not allowed at the fill station.
Daycare facility provided:
A. Unless exempted by the Zoning Administrator, where an outdoor play area of a daycare facility abuts any commercial or industrial use or zone, or public right-of-way, the daycare facility shall provide screening along the shared boundary of such uses, zones or public rights-of-way. All of the required fencing and screening shall comply with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
B. There shall be adequate off street parking which shall be located separately from any outdoor play area. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with section 10-5-2, "Off Street Parking", of this title.
C. When a daycare facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off street parking demand will result.
D. Off street loading space in compliance with section 10-5-3, "Loading Spaces", of this title.
E. All signing and informational or visual communication devices shall be in compliance with section 10-5-1, "Signs", of this title.
F. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly.
Drive-through business subject to section 10-5-5, "Drive-Through Businesses", of this title provided:
A. Adequate stacking distance shall be provided, as determined by the City Engineer, which does not interfere with other driving areas, parking spaces, or sidewalks.
B. Electronic speaker devices, if used, shall not be audible beyond the property being served and shall not be operated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., unless extended by the City Council as part of the conditional use permit.
C. Screening shall be provided of automobile headlights in the drive-through lane to adjacent properties subject to section 10-4-8, "Screening/Landscaping/Fencing", of this title. Such screening shall be at least three feet (3') in height and fully opaque, consisting of a wall, fence, dense vegetation, berm, or grade change.
D. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area.
Entertainment, Live (Indoor/Outdoor) accessory to a restaurant or brewery, provided:
A. The subject property shall comply with the parking requirements of section Title 10, Chapter 5, 2. of tire City Code.
B. The facility shall comply with all applicable building and fire codes for the indoor and outdoor uses.
C. Restroom facilities shall be served by city sanitary sewer and water.
D. Noises emanating from the use shall be in compliance with Title 5, Chapter 4, "Noise Control" of the City Code and the Minnesota pollution control standards in Minnesota Rules chapter 7030 as may be amended.
E. The facility shall comply with the nonenclosed premises requirements of section Title 3, Chapter 3, 2.c. of the City Code,
F. Hours of operation of theoutdoor live entertainment shall be limited to ten o’clock (10:00) a.m. to ten o'clock (10:00) p.m.
Equipment rental provided:
A. All servicing of vehicles and equipment shall occur entirely within the principal structure.
B. Storage and use of all flammable materials, including liquid and rags, shall conform with applicable provisions of the Minnesota Uniform Fire Code.
C. Parking, driveway, and circulation standards and requirements shall be subject to sections 10-5-2, "Off Street Parking", and 10-5-3, "Loading Spaces", of this title and the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and trailers.
D. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building or removed from the site.
E. All applicable Federal, State and/or County permits are obtained.
F. To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.
G. Storage area is blacktop or concrete surfaced unless specifically approved by the City Council.
H. The storage/display areas do not take up parking space or loading space as required for conformity to this chapter.
I. A screening plan specific to the proposed use shall consider views from public streets and surrounding properties.
J. The sale of vehicles and equipment other than those specifically mentioned in this section shall be subject to a separate conditional use permit.
Funeral homes and mortuaries.
Garden center provided:
A. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this chapter. All structures shall be set back at least one hundred feet (100') from any residential property line.
B. On site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.
C. Lighting shall comply with all ordinance requirements. If more than twenty five percent (25%) of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.
Motor fuel stations in compliance with section 10-5-8, "Motor Fuel Stations", of this title and the following:
A. Application Requirements: That the area and location of space devoted to nonautomotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be only as allowed by the conditional use permit and shall be limited to ten percent (10%) of the gross floor area of its associated principal use.
B. Separation Of Spaces: The off street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.
C. Installations: Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.
D. Compliance: All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements of the C2 District.
E. Canopy Lighting: All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a ninety degree (90°) cutoff. Illumination levels for pump islands shall not exceed thirty (30) foot-candles.
F. Litter Control: The operation shall be responsible for litter control within three hundred feet (300') of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.
Motor vehicle, boat or equipment repair.
A. All servicing of vehicles and equipment shall occur entirely within the principal structure.
B. To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.
C. Storage and use of all flammable materials, including liquid and rags, shall conform with applicable provisions of the Minnesota State Fire Code.
D. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semitrailer/tractor trucks.
E. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
F. The sale of products other than those specifically mentioned in this section shall be subject to a separate conditional use permit.
Motor vehicle, boats and equipment sales, including manufactured housing and recreational camping vehicles, pursuant to section 10-5-6 of this title.
A. All sales shall occur on one lot.
B. Parking areas for the outside storage and sale of vehicles, boats and trailers, shall be on impervious surface, either bituminous, concrete, or approved equivalent.
C. Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking areas from landscaped areas.
D. All areas of the property not devoted to buildings or parking areas shall be landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
E. Off street parking shall be provided for customers and employees in accordance with section 10-5-2, "Off Street Parking", of this title.
F. Parking for a motor vehicle, boat, or trailer sales shall not be less than nine feet (9') wide by 18.5 feet in length.
Multi-business signs, as regulated in section 10-5-1, "Signs", of this title.
School.
A. The use when conducted entirely within a building.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
Veterinary and pet shop; related indoor kennels provided:
A. All pens or cages must be completely enclosed within a building with the exception of incidental run areas that shall be limited to ten percent (10%) of the gross floor area of its associated principal use, to a maximum of five thousand (5,000) square feet.
B. All indoor activity shall include soundproofing and odor control.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this Code. (Ord. 2014-19, 6-17-2014; amd. Ord. 2015-06, 3-17-2015; Ord. 2016-011, 4-19-2016; Ord. 2018-006, 4-17-2018; Ord. 2018-013, 8-22-2018; Ord. 2022-016, 11-15-2022; Ord. 2024-015, 10-15-2024)
10-3G-4: INTERIM USES:
The following are interim uses, subject to the conditions outlined in chapter 7 of this title, interim uses, and the specific standards and criteria that may be cited for a specific use:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met.
Outdoor seasonal Christmas tree sales (and related items), provided:
A. No required parking shall be used for the sales area.
B. All sales shall occur on the same lot as the principal use/structure.
C. All signage shall comply with the requirements of section 10-5-1 of this title.
Outdoor seasonal fireworks sales provided:
A. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this chapter. All structures shall be set back at least one hundred feet (100') from any residential property line.
B. Tents and stands may be used provided that they are located on the subject property, that appropriate permits are applied for and approved and provided, and provided that they are clearly identified on a plan to be reviewed and approved by the City as part of the interim use permit. Structures shall not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on the site.
C. All refuse shall be disposed in approved containers and the site shall be kept clean.
D. Lighting shall comply with all ordinance requirements. If more than twenty five percent (25%) of the tent or stand area is to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.
E. A maximum of two (2) 32-square foot banners are allowed. The banners shall be allowed only on the tent or stand. No additional temporary signage is allowed.
F. The tent or stand shall be staffed twenty four (24) hours a day with at least one person eighteen (18) years of age on the site at all times.
G. That adequate restroom facility is made available after business hours.
H. The net explosive weight of the product is provided to the City prior to the tent sale and there is compliance with all Fire Codes. (Ord. 2018-016, 9-18-2018)
10-3G-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the C2 District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 20,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal structure setbacks: | ||
Front yard | 35 feet | |
Side yard | 10 feet interior 35 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks: | ||
Front yard | 35 feet | |
Side yard | 10 feet interior 35 feet abutting corner | |
Rear yard | 10 feet | |
Maximum lot coverage | 50 percent | |
Maximum building height | 45 feet | |
Maximum impervious surface (other than Shore Land Overlay District) | 88 percent | |
Maximum impervious surface (Shore Land Overlay District) | 25 percent | |
(Ord. 2016-021, 5-17-2016)
B. Fence, Screen Required: Wherever a C2 District abuts or is across the street from an R District, a fence or compact evergreen screen is required pursuant to section 10-4-8, "Screening/Landscaping/Fencing", of this title. (Ord. 2013-20, 11-19-2013)
10-3H-1: PERMITTED USES:
Offices and complementary service uses of a general nature conducted in a building no greater than one hundred twenty five thousand (125,000) gross square feet, except as may be approved by the city council by conditional use permit:
Banks, savings and loans, credit unions and the like (without drive-through).
Barbershops, beauty shops; other personal service uses.
Bus/transit stations or terminals without vehicle storage.
Civic buildings such as city halls, fire stations and the like (without outside storage).
Clinics including multispecialty outpatient clinic.
Commercial recreation, indoor (e.g., bowling alleys, roller rinks and the like).
Community behavioral health hospital and similar facilities (excludes hospitals or similar institutions) existing prior to September 19, 2023.
Convenience stores (without motor fuel stations).
Essential services.
Laboratories and research facilities.
Offices, professional and medical.
Public and private clubs and lodges.
Radio and television stations or studios.
Religious institutions (limited to worship and directly related social events).
Studios; art related. (Ord. 2014-19, 6-17-2014; amd. Ord. 2023-013, 9-19-2023)
10-3H-2: ACCESSORY USES:
Accessory uses incidental and customary to uses allowed in section 10-3H-1 of this article, including retail, shall not occupy more than thirty percent (30%) of the gross floor area of the principal building.
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Signs as regulated by section 10-5-1, "Signs", of this title.
Warehousing as accessory to the permitted principal use.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 and section 9-4-3 of this code. (Ord. 2014-19, 6-17-2014)
10-3H-3: CONDITIONAL USES:
The following are conditional uses, subject to the conditions outlined in section 10-7-4 of this title and the specific standards and criteria that may be cited for a specific use:
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Daycare facility provided:
A. Unless exempted by the zoning administrator, where an outdoor play area of a daycare facility abuts any commercial or industrial use or zone, or public right of way, the daycare facility shall provide screening along the shared boundary of such uses, zones or public rights of way. All of the required fencing and screening shall comply with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
B. There shall be adequate off street parking which shall be located separately from any outdoor play area. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with section 10-5-2, "Off Street Parking", of this title.
C. When a daycare facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off street parking spaces required. An exception to this requirement may be granted by the zoning administrator in instances where no increase in off street parking demand will result.
D. Off street loading space in compliance with section 10-5-3, "Loading Spaces", of this title.
E. All signing and informational or visual communication devices shall be in compliance with section 10-5-1, "Signs", of this title.
F. The structure and operation shall be in compliance with state of Minnesota department of human services regulations and shall be licensed accordingly.
Drive-through business subject to section 10-5-5, "Drive-Through Businesses", of this title provided:
A. Adequate stacking distance shall be provided, as determined by the city engineer, which does not interfere with other driving areas, parking spaces, or sidewalks.
B. Electronic speaker devices, if used, shall not be audible beyond the property being served and shall not be operated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., unless extended by the city council as part of the conditional use permit.
C. Screening shall be provided of automobile headlights in the drive-through lane to adjacent properties subject to section 10-4-8, "Screening/Landscaping/Fencing", of this title. Such screening shall be at least three feet (3') in height and fully opaque, consisting of a wall, fence, dense vegetation, berm, or grade change.
D. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area.
Funeral homes and mortuaries.
Hospitals, provided that:
A. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.
B. An off street rider drop off and pick up drive and entrance is provided.
C. Adequate off street parking is provided in compliance with section 10-5-2, "Off Street Parking", of this title to include additional spots calculated for outpatient services.
D. Adequate off street loading is provided in compliance with section 10-5-3, "Loading Spaces", of this title.
E. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.
F. When abutting an R-1 or R-2 district, a buffer area with screening and landscaping in compliance with section 10-4-8, "Screening/Landscaping/Fencing", of this title shall be provided.
G. When abutting an R-1 or R-2 district, side yards are double the minimum requirement established for this district and are screened in compliance with section 10-5-2, "Off Street Parking", of this title.
H. If across the street from an R-1 or R-2 District, the front yard setback depth shall be a minimum of forty five feet (45').
I. All signing and information or visual communication devices shall be in compliance with section 10-5-1, "Signs", of this title and shall not impact surrounding or abutting residential uses.
Multi-business signs, as regulated in section 10-5-1, "Signs", of this title.
School.
A. The use when conducted entirely within a building.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
Veterinary; related indoor kennels provided:
A. All pens or cages must be completely enclosed within a building with the exception of incidental run areas that shall be limited to ten percent (10%) of the gross floor area of its associated principal use, to a maximum of five thousand (5,000) square feet.
B. All indoor activity shall include soundproofing and odor control.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this Code. (Ord. 2014-19, 6-17-2014; amd. Ord. 2015-06, 3-17-2015; Ord. 2018-006, 4-17-2018; Ord. 2024-015, 10-15-2024)
10-3H-4: INTERIM USES:
The following are interim uses, subject to the conditions outlined in chapter 7 of this title, interim uses, and the specific standards and criteria that may be cited for a specific use:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met. (Ord. 2013-20, 11-19-2013)
10-3H-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Area Requirements: The following requirements shall be met in the OS District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 20,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal structure setbacks: | ||
Front yard | 35 feet | |
Side yard | 10 feet interior 35 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks: | ||
Front yard | 35 feet | |
Side yard | 10 feet interior 35 feet abutting corner | |
Rear yard | 10 feet | |
Maximum lot coverage | 50 percent | |
Maximum building height | 45 feet | |
Maximum impervious surface (other than Shore Land Overlay District) | 88 percent | |
Maximum impervious surface (Shore Land Overlay District) | 25 percent | |
(Ord. 2016-021, 5-17-2016)
B. Fence, Screen Required: Wherever a Business District abuts or is across the street from an R District, a fence or compact evergreen screen is required pursuant to section 10-4-8, "Screening/Landscaping/Fencing", of this title. (Ord. 2013-20, 11-19-2013)
10-3I-1: PERMITTED USES:
Brewery.
Bus/transit stations or terminals and maintenance garage.
Civic buildings, city halls, fire stations, public works and the like.
Commercial recreation, indoor (e.g., bowling alleys, roller rinks and the like).
Contractor operations, lumberyard/building material sales and the like.
Distribution centers.
Essential services and structures.
Food processing or ice, cold storage plants, bottling works and the like.
Laboratories and research facilities.
Laundry, dry cleaning and dyeing plants.
Manufacturing or assembly of products that produces no exterior noise, glare, fumes, byproducts or wastes or creates other objectionable impact on the environment.
Motor vehicle detailing shops.
Offices, professional and medical.
Radio and television stations or studios.
Showrooms.
Studios; art.
Warehousing, wholesale offices and showrooms, excluding explosives and hazardous waste.
Wireless communications towers subject to title 9, chapter 4 of this Code. (Ord. 2019-001, 3-19-2019; amd. Ord. 2023-013, 9-19-2023)
10-3I-2: ACCESSORY USES:
No accessory structure or use of land shall be permitted except for one or more of the following uses:
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Accessory uses incidental and customary to uses allowed in section 10-3I-1 of this article in the I District, including retail, shall not occupy more than thirty percent (30%) of the gross floor area of the principal use.
Adult use, accessory pursuant to title 3, chapter 4 of this Code.
Licensed brewer taproom as an accessory to a brewery with limited accessory retail space provided:
A. The seating for the retail space is limited to no more than twelve (12) seats.
B. The retail space is limited to four hundred (400) square feet.
C. The on-sale of any liquor is limited to beer brewed on site as allowed by a valid liquor license(s).
D. The off-sale of any liquor is limited to beer brewed on site as allowed by a valid liquor license(s).
E. The hours of both on-sale and off-sale liquor are limited to the legal hours of off-sale liquor. Off-sale liquor must be removed from the premises before the applicable off-sale closing time.
F. There must be adequate street capacity as determined by the City (for the purposes of determining adequate street capacity, the property must be served by an urban collector street or greater capacity road).
G. Any required State, or City licenses are obtained and remain valid for the respective use.
H. That there is not another brewer taproom within one thousand three hundred twenty feet (1,320') (1/4 mile) as measured between the main front entrances following the route of ordinary pedestrian travel.
I. There is adequate screening in compliance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Signs as regulated by section 10-5-1, "Signs", of this title. (Ord. 2019-001, 3-19-2019)
10-3I-3: CONDITIONAL USES:
The following are conditional uses, subject to the conditions outlined in section 10-7-4 of this title and the specific standards and criteria that may be cited for a specific use:
Adult use, principal pursuant to title 3, chapter 4 of this Code.
Cannabis microbusinesses not including retail, cannabis mezzobusinesses not including retail, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis transporters, cannabis testing facilities, cannabis delivery services, lower-potency hemp edible manufacturers, medical cannabis combination businesses not including retail, subject to Minnesota Statue.
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Data Centers:
A. The use shall not be located within one thousand (1,000) feet of any property that is used, zoned, or guided in the comprehensive plan for residential use.
B. Mechanical equipment shall be screened from public view pursuant to the screening standards of this title.
C. The use shall not make, or cause to be made, any distinctly and loudly audible noise that reasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value. Noises emanating from any use shall comply with the Minnesota pollution control standards in Minnesota Rules chapter 7030 as may be amended.
D. Power/electricity usage shall not, in the city’s sole discretion, be detrimental to the city’s power supply to the point that it could reasonably limit additional growth in the city.
Homeless and Recovery Resource Centers, provided:
A. The facility shall comply with all applicable state building, fire, plumbing, mechanical and electrical codes.
B. Professional staff shall be present in the facility at all times during open hours.
C. Professional staff shall be present in numbers reflective of the number of people using the center.
D. The facility shall provide or have access to appropriate support services for the employees and clients using the center.
E. Hours of operation shall not be later than eight o'clock (8:00) P.M. and shall not be earlier than seven o'clock (7:00) A.M.
F. No overnight occupancy is permitted.
G. No loitering shall be allowed outside the facility or in any nearby areas.
H. The facility shall not be used as a detox facility.
I. If the site becomes a location having an inordinate number of police response calls that are criminal in nature, the city may revoke the conditional use permit.
J. There shall not be off-site parking or trespassing associated with the use.
K. Transportation shall be supervised and managed with the use.
L. Violations of the above conditions shall be grounds for revocation of the conditional use permit.
Ministorage/self-storage facilities:
A. Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human habitation, or any commercial activity, except as allowed by this section.
B. Combining office and/or retail space with a self-service storage facility may be allowed by conditional use permit.
C. Storage of hazardous or flammable materials is prohibited.
D. No exterior storage is allowed.
E. The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall face inward and away from the street and property lines.
F. An on site manager is allowed only where adequate sanitary facilities are provided, either through use of a septic system or through connection to the public sanitary sewer system.
Motor vehicle, boat or equipment repair.
A. All servicing of vehicles and equipment shall occur entirely within the principal structure.
B. To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.
C. Storage and use of all flammable materials, including liquid and rags, shall conform with applicable provisions of the Minnesota Uniform Fire Code.
D. Parking, driveway, and circulation standards and requirements shall be subject to sections 10-5-2, "Off Street Parking", and 10-5-3, "Loading Spaces", of this title and the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semitrailer/tractor trucks.
E. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
F. The sale of products other than those specifically mentioned in this section shall be subject to a separate conditional use permit.
Multi-business signs, as regulated in section 10-5-1, "Signs", of this title.
Open storage, accessory to a principal use.
A. All applicable Federal, State and/or County permits are obtained.
B. Storage area is blacktop or concrete surfaced unless specifically approved by the City Council.
C. The storage area does not take up parking space or loading space as required for conformity to this chapter.
D. The storage area is screened from public streets and surrounding properties.
Pet daycare and overnight boarding (cats and dogs), provided:
A. The daycare/overnight boarding facility, including any outdoor play area, is located at least three hundred feet (300') from any property zoned as residential in the City's Zoning Map or guided as residential in the City's Future Land Use Map.
B. An eight foot (8') solid fence is constructed to fully enclose any outdoor play and potty areas.
C. All pets are kept indoors for overnight boarding.
D. The daycare/boarding facility shall be in compliance with section 10-5-10 of this title.
E. The daycare/overnight boarding facility shall manage odors from animal waste to ensure that there is no negative impact to neighboring properties. The facility shall be cleaned regularly, and waste shall be disposed of in sealed containers to trap odors.
Ready-Mix Facility, located at least nine hundred (900) feet from a State Highway.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line. (Ord. 2019-001, 3-19-2019; amd. Ord. 2022-018, 11-15-2022; Ord. 2023-017, 10-17-2023; Ord. 2024-015, 10-15-2024; Ord. 2024-018, 12-3-2024; Ord. 2025-004, 2-18-2025)
10-3I-4: INTERIM USES:
The following are interim uses, subject to the conditions outlined in chapter 7 of this title, interim uses, and the specific standards and criteria that may be cited for a specific use:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met. (Ord. 2013-20, 11-19-2013)
10-3I-5: LOT AREA, HEIGHT, LOT WIDTH, AND YARD REQUIREMENTS:
A. Minimum Area Requirements: The following requirements shall be required in the I District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water |
With Public Sewer And Water | |
Minimum lot size | 20,000 square feet |
Minimum lot width | 100 feet interior 120 feet corner |
Minimum principal structure setbacks: | |
Front yard | 35 feet |
Side yard | 10 feet interior 35 feet abutting corner |
Rear yard | 30 feet |
Minimum accessory structure setbacks: | |
Front yard | 35 feet |
Side yard | 10 feet interior 35 feet abutting corner |
Rear yard | 10 feet |
Maximum lot coverage | 50 percent |
Maximum building height | 45 feet |
Maximum impervious surface (other than Shore Land Overlay District) | 88 percent |
Maximum impervious surface (Shore Land Overlay District) | 25 percent |
B. Fence, Screen Required: Whenever an I District abuts an R District, a fence or compact evergreen screen is required pursuant to section 10-4-8, "Screening/Landscaping/Fencing", of this title. (Ord. 2014-19, 6-17-2014; amd. Ord. 2016-021, 5-17-2016; Ord. 2020-006, 7-21-2020)
10-3J-1: PERMITTED USES:
A. The following uses have no square footage requirements:
Civic buildings, city halls, fire stations, public works and the like.
Commercial recreation, indoor (e.g., bowling alleys, roller rinks and the like).
Contractor operations, lumberyard/building material sales and the like.
Essential services and structures.
Food processing or ice, cold storage plants, bottling works and the like.
Laboratories and research facilities.
Laundry, dry cleaning and dyeing plants.
Manufacturing or assembly of products that produces no exterior noise, glare, fumes, byproducts or wastes or creates other objectionable impact on the environment.
Motor vehicle detailing shops.
Offices, professional and medical.
Radio and television stations or studios.
Studios; art.
Warehousing, wholesale offices and showrooms, excluding explosives and hazardous waste.
B. The following uses with a ground floor footprint of thirty thousand (30,000) square feet or less:
Bakeries; retail.
Banks, savings and loans, credit unions and the like (without drive-through).
Barbershops, beauty shops; other personal service uses.
Civic buildings such as city halls, fire stations and the like (without outside storage).
Clinics including multispecialty outpatient clinic.
Convenience stores (without motor fuel stations).
Copy/printing services (excluding printing presses and publishing facilities).
Drugstores and pharmacies (without drive-through).
Dry cleaning and laundry pick ups, self-service laundromats, incidental pressing, tailoring, repair and the like (without dry cleaning processing).
Essential services.
Fitness centers and fitness related studios such as karate, yoga, dance and the like (less than 5,000 square feet in size).
Florists, hobby, craft or variety stores and the like.
Hardware stores.
Restaurants (without drive-through).
Studios; art related.
Retail goods and services of a similar nature, as determined by the Zoning Administrator. (Ord. 2019-001, 3-19-2019)
10-3J-2: ACCESSORY USES:
No accessory structure or use of land shall be permitted except for one or more of the following uses:
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Accessory uses incidental and customary to uses allowed in section 10-3J-1 of this article in the CI District, including retail, shall not occupy more than thirty percent (30%) of the gross floor area of the principal use.
Adult use, accessory pursuant to title 3, chapter 4 of this Code.
Signs as regulated by section 10-5-1, "Signs", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this Code. (Ord. 2016-035, 6-21-2016; amd. Ord. 2019-001, 3-19-2019)
10-3J-3: CONDITIONAL USES:
The following are conditional uses, subject to the conditions outlined in section 10-7-4 of this title and the specific standards and criteria that may be cited for a specific use:
Adult use, principal pursuant to title 3, chapter 4 of this Code.
Car washes.
A. The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.
B. The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice buildup during winter months.
C. Hours of operation shall be limited to between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily.
D. A bypass lane shall be provided for each drive-through use, allowing cars to leave the drive-through lane from the stacking area.
Columbarium accessory to a religious institution pursuant to the following:
A. Columbaria shall be screened from adjoining residential properties.
B. All portions of the use shall meet the minimum district setback requirements for principal structures.
C. All portions of the use shall be setback a minimum of ten (10) feet from any wetland and shall be located outside of easements, except as approved by the city.
Daycare facility provided:
A. Unless exempted by the Zoning Administrator, where an outdoor play area of a daycare facility abuts any commercial or industrial use or zone, or public right-of-way, the daycare facility shall provide screening along the shared boundary of such uses, zones or public rights-of-way. All of the required fencing and screening shall comply with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
B. There shall be adequate off street parking which shall be located separately from any outdoor play area. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with section 10-5-2, "Off Street Parking", of this title.
C. When a daycare facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off street parking demand will result.
D. Off street loading space in compliance with section 10-5-3, "Loading Spaces", of this title.
E. All signing and informational or visual communication devices shall be in compliance with section 10-5-1, "Signs", of this title.
F. The structure and operation shall be in compliance with state of Minnesota Department of Human Services regulations and shall be licensed accordingly.
Ministorage/self-storage facilities.
A. Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human habitation, or any commercial activity, except as allowed by this section.
B. Combining office and/or retail space with a self-service storage facility may be allowed by conditional use permit.
C. Storage of hazardous or flammable materials is prohibited.
D. No exterior storage is allowed.
E. The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall face inward and away from the street and property lines.
F. An on site manager is allowed only where adequate sanitary facilities are provided, either through use of a septic system or through connection to the public sanitary sewer system.
Motor fuel stations in compliance with section 10-5-8, "Motor Fuel Stations", of this title and the following:
A. Application Requirements: That the area and location of space devoted to nonautomotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be only as allowed by the conditional use permit and shall be limited to ten percent (10%) of the gross floor area of its associated principal use.
B. Separation Of Spaces: The off street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.
C. Installations: Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.
D. Compliance: All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements of the CI District.
E. Canopy Lighting: All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a ninety degree (90°) cutoff. Illumination levels for pump islands shall not exceed thirty (30) foot-candles.
F. Litter Control: The operation shall be responsible for litter control within three hundred feet (300') of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.
Motor vehicle, boat or equipment repair.
A. All servicing of vehicles and equipment shall occur entirely within the principal structure.
B. To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.
C. Storage and use of all flammable materials, including liquid and rags, shall conform with applicable provisions of the Minnesota State Fire Code.
D. Parking, driveway, and circulation standards and requirements shall be subject to sections 10-5-2, "Off Street Parking", and 10-5-3, "Loading Spaces", of this title and the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semitrailer/tractor trucks.
E. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
F. The sale of products other than those specifically mentioned in this section shall be subject to a separate conditional use permit.
Open storage in a side or rear yard, accessory to a principal use.
A. All applicable Federal, State and/or County permits are obtained.
B. Storage area is blacktop or concrete surfaced unless specifically approved by the City Council.
C. The storage area does not take up parking space or loading space as required for conformity to this chapter.
D. The storage area is screened from public streets and surrounding properties.
Religious institutions.
A. No building shall be located within fifty feet (50') of any lot line.
Veterinary; related indoor kennels provided:
A. All pens or cages must be completely enclosed within a building with the exception of incidental run areas that shall be limited to ten percent (10%) of the gross floor area of its associated principal use, to a maximum of five thousand (5,000) square feet.
B. All indoor activities shall include soundproofing and odor control.
C. When abutting a residential use or district, the property shall be screened and landscaped in accordance with section 10-4-8, "Screening/Landscaping/Fencing", of this title.
Wireless communication towers as accessory to a permitted principal use subject to title 9, chapter 4 of this Code. (Ord. 2016-035, 6-21-2016; amd. Ord. 2019-001, 3-19-2019; Ord. 2024-015, 10-15-2024)
10-3J-4: INTERIM USES:
The following are interim uses, subject to the conditions outlined in chapter 7 of this title, interim uses, and the specific standards and criteria that may be cited for a specific use:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met. (Ord. 2016-035, 6-21-2016)
10-3J-5: LOT AREA, HEIGHT, LOT WIDTH, AND YARD REQUIREMENTS:
A. Minimum Area Requirements: The following requirements shall be required in the CI District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter. Existing buildings on private well and septic systems may be allowed to expand up to twenty percent (20%) of the total ground floor area that existed on the property, as of the date of this chapter, provided that all other requirements of this Code are met with the expansion.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 20,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal structure setbacks: | ||
Front yard | 35 feet | |
Side yard | 10 feet interior 35 feet abutting corner | |
Rear yard | 30 feet | |
Minimum accessory structure setbacks | 10 feet | |
Maximum lot coverage | 50 percent | |
Maximum building height | 45 feet | |
Maximum impervious surface (other than Shore Land Overlay District) | 88 percent | |
Maximum impervious surface (Shore Land Overlay District) | 25 percent | |
B. Fence, Screen Required: Whenever a CI District abuts an R District, a fence or compact evergreen screen is required pursuant to section 10-4-8, "Screening/Landscaping/Fencing", of this title. (Ord. 2016-035, 6-21-2016)
10-3K-1: PERMITTED USES:
Cemeteries.
Civic buildings, city halls, fire stations, public works and the like.
Essential services and structures.
Public, private parks and similar uses, including arboretum.
Reception halls/event centers/conference centers.
Wireless communications towers subject to title 9, chapter 4 of this Code. (Ord. 2013-20, 11-19-2013)
10-3K-2: ACCESSORY USES:
No accessory structure or use of land shall be permitted except for one or more of the following uses:
Accessory structures as regulated by section 10-5-9, "Accessory Structures", of this title.
Accessory uses incidental and customary to uses allowed in section 10-3K-1 of this article in the PB District, including retail, shall not occupy more than thirty percent (30%) of the gross floor area of the principal building.
Signs as regulated by section 10-5-1, "Signs", of this title.
Urban agriculture. (Ord. 2014-19, 6-17-2014)
10-3K-3: CONDITIONAL USES:
The following are conditional uses, subject to the conditions outlined in section 10-7-4 of this title and the specific standards and criteria that may be cited for a specific use:
Ground Solar Array.
A. Power And Communication Lines: Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions or variances may be granted in instances where shallow bedrock, watercourses, or other elements of natural landscape interfere with the ability to bury lines.
B. Height: Systems, equipment, and ground or pole-mounted solar energy systems shall not exceed fifteen feet (15') in height, when oriented at maximum tilt.
C. Lighting: Lighting shall be installed for security and safety purposes only. All lighting shall be shielded so that no glare extends substantially beyond the boundaries of the property upon which the solar farm is located and comply with 10-5-4, Lighting Standards of this Title.
D. Setbacks: Solar Arrays and their enclosures shall be set back at least one hundred feet (100') from public streets, private roads, and driveways. Solar Arrays and their enclosures shall also be set back two hundred feet (200') from all neighboring principal structures or one hundred fifty feet (150') from property lines, whichever is the lesser requirement.
E. Screening: A year-round screening of ninety percent (90%) opacity as approved by the Zoning Administrator is required adjacent to residential properties, public streets, and other views from adjacent property. Required screening can be achieved through a landscape plan depicting tree location, species, and size, a forest management plan, screen fencing, berms, combination thereof, or an alternative option approved by City Council.
F. Signage: An appropriate warning signage shall be provided at the entrance of the facility and along the perimeter to the solar farm project.
G. Fencing: Security fencing shall be allowed pursuant to the fence requirements of the 10-4-8 of this Title.
H. Reflectivity: All components associated with the solar array shall be comprised on non-reflective material approved by the City.
Open storage, accessory to a principal use.
A. All applicable Federal, State and/or County permits are obtained.
B. Storage area is blacktop or concrete surfaced unless specifically approved by the City Council.
C. The storage area does not take up parking space or loading space as required for conformity to this chapter.
D. The storage area is screened from public streets and surrounding properties.
School.
A. The use when conducted entirely within a building.
B. The site shall be located within one thousand feet (1,000') of a collector or arterial roadway.
C. A master plan shall be submitted that describes proposed physical development for the next ten (10) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
D. A transportation management plan shall be submitted to address off street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (Ord. 2013-20, 11-19-2013; amd. Ord. 2018-006, 4-17-2018; Ord. 2023-002, 1-17-2023)
10-3K-4: INTERIM USES:
The following are interim uses, subject to the conditions outlined in chapter 7 interim uses and the specific standards and criteria that may be cited for a specific use:
Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction.
A. All Building and Safety Codes are met.
Child care without urban utilities. (Ord. 2013-20, 11-19-2013; amd. Ord. 2021-014, 8-17-2021)
10-3K-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS:
A. Minimum Area Requirements: The following requirements shall be required in the PB District. New development shall only be allowed when a full range of Municipal services and facilities are available to serve the site. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter.
With Public Sewer And Water | ||
With Public Sewer And Water | ||
Minimum lot size | 20,000 square feet | |
Minimum lot width | 100 feet interior 120 feet corner | |
Minimum principal structure setbacks: | ||
Front yard | 40 feet | |
Side yard | 10 feet interior 40 feet abutting corner | |
Rear yard | 30 feet | |
Maximum lot coverage | 50 percent | |
Maximum building height | 45 feet | |
(Ord. 2013-20, 11-19-2013)
10-3L-1: STATUTORY AUTHORIZATION:
The shore lands of the city are hereby designated as a shore land overlay district pursuant to the authorization contained in the Minnesota statutes chapter 103F; Minnesota regulations parts 6120.2500 through 6120.3900; and the planning and zoning enabling legislation in Minnesota statutes chapter 462. (Ord. 8, 12-17-1996)
10-3L-2: POLICY:
The uncontrolled use of the shore lands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shore lands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shore lands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shore lands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city. To implement this policy all state mandated rules and regulations have been met or exceeded by the city. (Ord. 8, 12-17-1996)
10-3L-3: PUBLIC WATERS CLASSIFICATIONS:
The public waters of the state located within the city have been classified and numbered by the Minnesota commissioner of natural resources as follows:
A. Lakes:
1. Natural environmental lakes:
Island Lake (18-383). OHW = 1,175.9
Mile Lake (11-207). OHW = 1,187.3
Rush Lake (18-381). OHW = 1,190.7
Unnamed, southwest of Bass Lake (18-385). OHW = 1,168.1
Unnamed, southwest of Rush Lake and north of Island Lake (18-382). OHW = 1,179.60
2. Recreational development lakes:
Bass Lake (18-384). OHW = 1,168.1
Hardy Lake (11-209). OHW = 1,166.1
Perch Lake (18-371). OHW = 1,190.40
Red Sand Lake (18-386). OHW = 1,199.9
Whipple Lake, includes Moburg/Upper Whipple (18-387). OHW = 1,194.9
3. General development lakes and streams:
Baxter Lake (18-380). OHW = 1,191.3
White Sand Lake (18-379). OHW = 1,198.40
B. Rivers And Streams:
1. Urban Rivers: Mississippi River (from the east line of the city to a point 500 feet west of the west line of section 19).
2. Forested Rivers: Mississippi River (from a point 500 feet west of the west line of section 19 to the west line of the city).
3. Mississippi River: On the Mississippi, the base floodwater surface elevation ranges from 1,157.7 to 1,164.1 depending upon the location. The cross section map showing these elevations is as depicted in the flood insurance study for the city of Baxter and corresponding flood insurance rate map, both prepared by the federal emergency management agency, copies of which are available at city hall.
All protected watercourses in the city shown on the protected waters inventory map for Crow Wing County, a copy of which is hereby adopted by reference, not given a classification in urban or forested rivers shall be considered "tributary". (Ord. 2007-4, 2-20-2007)
10-3L-4: PERMITTED USES:
All permitted uses allowed and regulated by the applicable zoning district underlying this shore land overlay district as indicated on the official zoning district map. (Ord. 8, 12-17-1996)
10-3L-5: CONDITIONAL USES:
All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this shore land overlay district as indicated on the official zoning district map. (Ord. 2003-2, 8-5-2003)
10-3L-5-1: INTERIM USES:
Interim uses as determined by the planning and zoning commission. (Ord. 2003-2, 8-5-2003)
10-3L-6: ACCESSORY USES:
Any use permitted as accessory by the applicable zoning district underlying this shore land overlay district as indicated on the official zoning district map. (Ord. 8, 12-17-1996)
10-3L-7: DIMENSIONAL REQUIREMENTS:
A. More Restrictive Standards: The following dimensional requirements shall apply to all shore lands of all public waters within the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply.
B. Lot Area; Lot Width: The lot area (in square feet) and lot width (in feet) for lots created after the date of enactment hereof for the lake and river classifications are as follows: (Ord. 8, 12-17-1996)
Natural Environmental Waters | Recreational Development Waters | General Development Waters | ||
Natural Environmental Waters | Recreational Development Waters | General Development Waters | ||
Unsewered Areas: | ||||
Lot area (feet) | 80,000 | 40,000 | 20,000 | |
Water frontage and lot width at building line (feet) | 200 | 150 | 100 | |
Building setback from ordinary high water mark (feet) | 150 | 100 | 75 | |
Building setback from roads and highways (feet) | ------ | 50 (federal, state, or county) | ------ | |
Sewage systems setback from ordinary high water mark (feet) | 150 | 75 | 50 | |
Sewage system elevation above highest ground water level or bedrock (feet) | 3 | 3 | 3 | |
On urban rivers lot width is 100 feet, setback is 100 feet. | ||||
On forested rivers lot width is 200 feet, setback is 150 feet. | ||||
Sewered Areas: All provisions for unsewered areas shall apply to sewered areas except for the following, which shall supersede the provisions applied to unsewered areas: | ||||
Lot area (feet): | ||||
Waterfront lots | 40,000 | 20,000 | 20,000 | |
Interior lots | 20,000 | 20,000 | 20,000 | |
Water frontage and lot width at building line (feet) | 125 | 100 | 100 | |
Building setback from ordinary high water mark (feet) | 150 | 100 | 75 | |
On urban rivers lot width is 100 feet, setback is 75 feet. | ||||
Forested rivers lot width is 100 feet, setback is 150 feet. | ||||
(Ord. 8, 12-17-1996; amd. Ord. title 10-3L-7.1, 4-15-2003; Ord. 2003-11, 12-16-2003; Ord. 2008-13, 11-18-2008)
C. Setbacks:
1. Exception: The setbacks listed in subsection B of this section apply to all structures except docks and piers.
2. String Rule: Where development exists on both sides of a proposed building site, structural setbacks may be altered to take setbacks of existing structures into account, as determined by the zoning administrator. However, no structures shall be allowed in the shore impact zone or the bluff impact zone.
3. Additional Setbacks: In addition to the setbacks listed in subsection B of this section, there shall be an additional setback of thirty feet (30') from the top of the bluff and an additional setback of fifty feet (50') from any unplatted cemetery. (Ord. 2007-4, 2-20-2007)
D. Lots Of Record: (Rep. by Ord. 2009-18, 1-5-2010)
E. Access To Public Waters/Sharing Riparian Rights: Shoreline lots may not provide additional docks, boat storage or other riparian rights to nonshoreline lots. (Ord. 2007-4, 2-20-2007)
10-3L-8: GENERAL PROVISIONS:
A. Placement Of Roads And Parking Areas: The placement of roads and parking areas in shore land areas shall be controlled in accordance with the following criteria:
1. Impervious Surface: No impervious surface shall be placed within fifty feet (50') of the ordinary high water mark.
2. Setback Requirements: Where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures.
3. Parking Areas: Natural vegetation or other natural materials shall be used in order to screen parking areas when viewed from the water. (Ord. 8, 12-17-1996)
10-3L-9: SHORE LAND ALTERATIONS:
A. Removal Of Natural Vegetation: The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shore land aesthetics. Removal of natural vegetation in the shore land overlay district shall be subject to the following provisions:
1. Selective Removal: Selective removal of natural vegetation shall be allowed; provided, that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water.
2. Clear Cutting: Clear cutting of natural vegetation shall be prohibited.
3. Restoration: Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.
4. Exception: The provisions of this subsection shall not apply to permitted uses which normally require the removal of natural vegetation.
B. Grading And Filling: Grading and filling in shore land areas or alterations of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water must be authorized by a conditional use permit. The permit may be granted subject to the conditions that:
1. The smallest amount of bare ground is exposed for as short a time as feasible;
2. Temporary ground cover, such as sod, is planted;
3. Methods to prevent erosion and trap sediment are employed;
4. Fill is stabilized to accepted engineering standards.
C. Stairways, Lifts And Landings:
1. Width: Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used in planned unit developments.
2. Landings: Landings for stairways and lifts may not exceed thirty two (32) square feet in area. Larger landings are permitted in planned unit developments.
3. Canopies; Roofs: Canopies or roofs are not allowed on stairways, lifts or landings.
4. Location: Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots as viewed from the surface of the public water, assuming summer leaf-on conditions when practical.
D. Significant Historic Sites: No structure may be placed on a significant historic site, as identified by the Minnesota Historical Society, in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.
E. Steep Slopes: The zoning administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes.
F. Topographic Alterations/Grading And Filling:
1. Permit Required: The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones and the movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones requires a permit from the city.
2. Wetlands: No filling of wetlands is permitted.
3. Roads, Driveways, Parking Areas: Roads, driveways and parking areas must not be placed in the bluff and shore impact zones when other reasonable and feasible placement alternatives exist. (Ord. 8, 12-17-1996)
10-3L-10: EXCEPTIONS:
Exceptions to the placement of structures on lots shall be as follows:
A. Piers; Docks: Location of piers and docks shall be controlled by applicable state and local regulations. (Ord. 8, 12-17-1996)
B. Setbacks: (Rep. by Ord. 2007-4, 2-20-2007)
C. Conditional Uses: Commercial, industrial, or permitted open space uses requiring location on public waters may be allowed as conditional uses closer to such waters than the setbacks specified. (Ord. 8, 12-17-1996)
10-3M-1: PURPOSE AND INTENT:
The purpose of the planned unit development district (PUD) is to provide a comprehensive procedure intended to allow greater flexibility in the development of neighborhoods or nonresidential areas than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the city council to make in its legislative capacity. The intent of this article is to:
A. Provide for the establishment of planned unit development (PUD) zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the city's comprehensive plan.
B. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter.
C. Provide for variations to the strict application of the land use regulations in this chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations.
D. Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city.
E. Preserve and enhance natural features and open spaces.
F. Maintain or improve the efficiency of public streets and utilities.
G. Ensure the establishment of appropriate transitions between differing land uses.
H. Provide for the maintenance of, and an amendment procedure for, those planned unit developments existing as of February 10, 2015.
1. Any planned unit development approved by conditional use permit and legally existing prior to March 17, 2015, shall remain in full force and effect and may be continued in like fashion and activity. However, any change to such a use or building shall require a PUD general plan and rezoning to be processed according to this article, except as allowed as minor amendments in section 10-3M-9 of the City Code. (Ord. 2015-06, 3-17-2015; amd. Ord. 2023-013, 9-19-2023)
10-3M-2: USES:
A. All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in articles A through K of this chapter shall be treated as potentially allowable uses within a PUD district, provided they would be allowable on the site under the city's comprehensive plan.
B. Density and land uses allowed by the comprehensive plan may be allowed to shift within an approved PUD. For example, a ten (10) acre site with seven (7) acres of "commercial" guiding and three (3) acres of "medium density residential" guiding could be developed with seventy percent (70%) of the land area commercial and thirty percent (30%) of the land area at the medium residential density identified in the comprehensive plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the future land use map. (Ord. 2015-06, 3-17-2015)
10-3M-3: SETBACKS, LOT AREA, AND BUILDING HEIGHT:
The various setback, lot area, and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in this article. (Ord. 2015-06, 3-17-2015)
10-3M-4: INTEGRATED DESIGN:
A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces. (Ord. 2015-06, 3-17-2015)
10-3M-5: PREAPPLICATION SKETCH REVIEW:
Prior to the filing of a PUD general plan application, the applicant shall submit a sketch of the project to the zoning administrator. The sketch may be conceptual and may include the following related materials:
A. Information Requirement: A sketch plan application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed project. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.
1. A scale drawing of the proposed site with reference to existing development within two hundred feet (200') of adjacent properties.
2. General location of proposed structures.
3. Tentative street arrangements, both public and private.
4. Amenities to be provided such as recreational areas, open space, walkways, etc.
5. General location of parking areas.
6. Proposed public sanitary sewer, water and storm drainage.
7. A statement showing the proposed density of the project with the method of calculating said density also shown.
8. Topographic contours at two foot (2') intervals.
9. Wetland delineation.
10. Proposed general schedule of development.
11. Other information or materials useful in reviewing the sketch.
B. Analysis: The planning and zoning administrator shall review the sketch and provide informal comments. The planning and zoning administrator shall have the prerogative and authority to refer the sketch to the planning and zoning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the planning and zoning administrator, planning and zoning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision.
C. Filing: Requests for preapplication sketch review shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed project. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section. (Ord. 2015-06, 3-17-2015)
10-3M-6: GENERAL PLAN:
A PUD general plan is a plan and supportive text depicting general land use, circulation, open space, utilities, etc., for parcels of land within a PUD.
A. Application Procedure: PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in section 10-7-3 of this title.
B. Information Requirement:
2. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD.
3. Draft of any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.
4. The planning and zoning administrator, planning and zoning commission, and/or city council may excuse an applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered.
C. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the city council approves an ordinance reflecting said amendment, which shall take place at the time the city council approves the general plan.
D. Required Findings: The planning and zoning commission and the city council shall approve the requested PUD general plan and rezoning only if they find the proposal complies with the following:
1. The planned development is not in conflict with the comprehensive plan.
2. The planned development is not in conflict with the intent of the underlying zoning district.
3. The planned development is not in conflict with other applicable provisions of the city's zoning ordinance.
4. The planned unit development is consistent with purpose and intent of this article.
5. The planned development is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent unit or phase.
6. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development.
7. The planned development will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property.
8. The quality of the building and site design proposed by the PUD plan shall substantially enhance the aesthetics of the site, shall demonstrate higher standards, more efficient and effective uses of streets, utilities and public facilities, it shall maintain and enhance any natural resources within the development, and create a public benefit that is greater than what would be achieved through the strict application of the primary zoning regulations. (Ord. 2015-06, 3-17-2015)
10-3M-7: FINAL PLAN:
After approval of the general plan, the applicant may apply for final plan approval for all or a portion of the PUD. The final plan shall be accompanied by a fee as set forth in the fee schedule on file with the city. The applicant shall submit the following material for review by and approval of the planning and zoning administrator prior to issuance of any building permit(s):
A. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD.
B. Development plans in final form, based on the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan.
C. Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.
D. All certificates, seals and signatures required for the dedication of land and recording of documents.
E. Any other plans, agreements or specifications necessary for the planning and zoning administrator to review the proposed final plan.
F. Single-family developments and PUD districts approved for only one building shall be exempt from the requirement for a PUD final plan. (Ord. 2015-06, 3-17-2015)
10-3M-8: PERIODIC PUD REVIEW:
The city council may require periodic review of a PUD as a condition to approval of a PUD general plan in order to ensure compliance with the conditions of the PUD. At such time the city council may, at its discretion choose to take additional testimony on the PUD. (Ord. 2015-06, 3-17-2015)
10-3M-9: PLAN AMENDMENT OF A PUD:
A. Minor Plan Amendment: Plan amendments may be approved by the planning and zoning administrator, provided that the changes do not involve the following:
1. Increase in floor area of structures or number of dwelling units of more than ten percent (10%).
2. Changes involving ten percent (10%) or more of the site area.
3. Alteration of any condition attached or modification to the final development plan made by the city council.
B. Major Amendment: Any amendment not eligible for a minor amendment shall be considered a major amendment. The same review procedure shall be followed for a major amendment of a PUD as was followed with respect to the PUD general plan, as outlined in section 10-3M-6 of this article. (Ord. 2015-06, 3-17-2015)
10-3M-10: GENERAL REQUIREMENTS:
A. Records: The planning and zoning administrator shall maintain a record of all PUD zones approved by the city, including all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the planning and zoning administrator may deem appropriate.
B. Withdrawal Of An Application: Any application under this article may be withdrawn by an applicant without prejudice at any time prior to final city council action.
C. Platting Of A PUD: In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures contained in the subdivision regulations (title 11 of this code). The preliminary plat shall be processed in conjunction with the general plan as outlined in section 10-3M-8 of this article.
D. Final Plat: A separate action on the final plat shall be processed before the city council prior to the approval of a final plan.
E. Conveyance Of Property Within A PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this article shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the general plan for a project.
F. Performance Agreement/Financial Guarantee: If the project includes public improvements, the applicant shall enter into a development agreement with the city as described in title 11, chapter 5 of this code.
G. Expiration Of PUD Approval: Unless the city council specifically approves a different time period, the approval of a PUD shall expire one year from the date it was approved, unless the applicant has commenced the authorized use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the authorized use has not commenced, 2) what, if any, good faith efforts have been made to commence the authorized use, 3) the anticipated commencement date for the authorized use, and 4) the signature of the applicant and property owner. The planning and zoning administrator may approve up to two (2) such extensions of not more than one additional year per extension. (Ord. 2015-06, 3-17-2015)