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Bemidji City Zoning Code

ARTICLE III

DISTRICT REGULATIONS

Sec. 28-81.- Allowed, permitted, conditional, and interim uses.

Permitted, conditional, and interim uses are enumerated by each zoning district according to the land use regulation matrix. Permitted, conditional, and interim uses shall meet the required criteria of both the zoning district and any overlay district. In cases where two standards exist, the stricter standard shall apply.

Building permits are required unless specifically exempted or allowed without a permit. There shall be erected or placed no more than one principal use or structure on any lot in a C, R-1, R-2, R-3, R-4, or R-5 district. In all other districts a second principal use or structure may be approved via conditional or interim use permit.

Whenever an application proposes a use not identified by this development code as either a permitted, conditional or interim use, the planning director, after reviewing the comprehensive plan and in consultation with the planning commission, either formal or informal, shall issue a statement of clarification, finding that the use is either substantially similar in character and impact to a use identified as either allowed, permitted, conditional or interim within the particular district, or that the use is not sufficiently similar to another use listed within the district. Such statement of clarification shall include the findings that led to such conclusion, and shall be filed in the official repository of the council.

If the proposed use is not sufficiently similar to a use regulated as either a permitted, interim, or conditional use in the specific district, the use shall be prohibited. If an enumerated use in the land use regulation matrix is not specifically identified as allowed, permitted, conditional, or interim; then such use shall be deemed prohibited in the corresponding zoning district.

(Ord. No. 199, 3rd series, § 1, 11-6-2023)

Sec. 28-82. - Land use regulation matrix.

Land Use Matrix
P = Permitted Use
C = Conditional Use, If a Conditional Use Permit is required and the use will be located in a leased space, the Interim Use Permit shall be required.
I = Interim Use
A = Allowed Without Permit
- A blank means the use is prohibited and may not occur within the district. Some uses may also be more restricted by performance standards, or special provision related to that use.
- If a land use is not displayed in this matrix see Sec. 28-81. Allowed, permitted, conditional, and interim uses.
- The definition for each land use can be found in Sec. 28-9. Definitions of this development code.
Land Uses Zoning Districts
Conservation
Residential
Commercial
Shoreland Commercial
Mixed-Use
Med./Office
University
Industrial
Use Specific Standards
C R-1 R-2 R-3 R-4 R-5 R-6 MH B-1 B-2 LC LD UR OM U I-1 I-2
Residential Land Uses
Single Family P P P P P P P Sec 28-121(C)
Duplex, Tri-Plex, Quad (Townhome) (2-4 Units) P P Sec 28-121(C)
Multi-Family or Townhome Development (5 to 29 Units) C P C C Sec. 28-121(D)
Multi-Family or Townhome Development (30 or Greater Units) C C C C Sec. 28-121(D)
Multi-Family/ Mixed-Use C C C C P C C Sec. 28-121(E)
Mobile Home P Sec. 28-121(C) and Sec. 28-413
Tiny House Subdivision C C C C C C Sec. 28-471(f)
Assisted Living Facility C C C
Dormitory C C C P
Fraternity or Sorority C C C P
Homeless Facility I I I I I I I I I Sec. 28-418
Residential Facility (6 or Fewer) P P P P P P P Sec. 28-430
Residential Facility (7 or More) P Sec. 28-430
Transitional Housing I I I I I I I I I Sec. 28-418
Public, Institutional, and Civic Buildings
Community Facilities
Armory C C C C P
Art Galleries and Museums C P P P P C P
Athletic Complex/Community Center C C C C C C C C C C C C C C C C
Auditorium and Performing Arts P P C C C P
Cemetery C C C C
Farmers Market (Flea/Food/Crafts) I I I P I I I
Public Library C C C C C P
Park, Athletic Fields and Active Outdoor Recreation C C C C C C C C C C C C C C C C
Passive Recreation Facilities P P P P P P P P P P P P P P P P
Parking Structure (Public) C C C C C
Government building or public safety facility C C C C C C C C P P P P P P P P P
Public Transportation Facility C C P P P
Religious Institution C C C C C C C C C C C C C C
Educational Facilities
Charter School I I I I I I I I I I I I I I
School C C C C C C C C C C C P C
Art, Business or Vocational I I I I I I
University or College P
University Building C C C C C C C C C C C C C P C C
Healthcare Facilities
Ambulance Service P P P P P
Cannabis Businesses See Sec. 28-429
Counseling Service (Behavioral, Mental Health, Drug and Alcohol Abuse) C C C C C
Indoor Fitness, Health Club or Spa I I P P P P P P I
Hospital C C C C
Medical or Dental Clinic P P P P P P
Nursing Home C P
Commercial Land Uses
Agriculture, Animals, and Natural Resources
Agriculture (Crop Farming) A A A A A A A
Agricultural Building C C C C
Agriculture, Domestic Animal Farm(>3 Acres) A A A A A Sec 28-421
Agriculture, Domestic Animal Farm (>1 <3 Acres) P P P P P Sec 28-421
Agriculture, Non-Domestic or Exotic Animal I I I I I I I Sec 28-421
Agricultural Produce, and Livestock Sales (Land owner property) A
Animal Breeding I I P
Animal Kennel and Grooming/Boarding I I I I I I I I
Land Alteration/ Tree Removal not Incidental to Permitted Use C C C C C C C C C C C C C C C C C
Forestry, Land Management and Timber Harvest P P P P P P P P P P P P P P P P P Sec. 28-406 and Sec. 28-407
Mining or Extraction (Sand, Gravel, and Peat) I I I I Sec. 28-424
Veterinary Clinic or Animal Hospital P C C P
Food, Beverage, Indoor Entertainment
Adult Use or Entertainment I Sec. 28-426
Community Indoor Entertainment, Small (Less than 10,000 S.F.) P P P P P
Community Indoor Entertainment, Large (10,000 S.F or more) C C C C C
Convention or Event Center C C C
Restaurant and Lounge P P P P P P
Restaurant Drive-Thru or Drive-In C C C C C C
Lodging
Bed and Breakfast C C C C C C
Campground or RV Park I I I
Hotel or Motel C C C C C C C
Short-Term Rental Unit P P P P P P Sec. 28-420
Office, Business and Technology
Bank or Financial Institution C C C C C
Printing or Publishing C P P P P P
Professional or Business Office C P P P P P P P
Research, Design, and Testing C C P P P
Outdoor Recreation and Entertainment
Club or Lodge P P P P P
Shooting Range (Indoor) I I P P
Shooting Range (Outdoor I Sec. 28-428
Marina (Surface Water Orientated Commercial Use) C C C
Personal Services
Daycare Facility (Licensed Commercial Care) I I I I I I I P I I I P I I
Funeral Home or Crematorium C C C C
Mini-Storage or Self-Service Storage C C P P
Personal Service and Repair, Small (Less than 10,000 S.F.) P P C C P P P
Personal Service and Repair Large (10,000 S.F or more) C C C C C P P
Retail Sales
Building Material Sale or Lumberyard C C C P Sec. 28-402
Bulk Fuel Sales and Storage I I I
General Retail Store, Small (Less than 10,000 SF) P P P P P
General Retail Store, Large (10,000 SF or More) C C C C C
Grocery Store, Small (Less than 15,000 SF) C C P P P P P
Grocery Store, Large (15,000 SF or More) C C C C C
Liquor Store P P P P P I
Pawn or Trade Shop C C C
Pharmacy or Convenience, Small P P P P P P P
Pharmacy or Convenience, Large C C C C C C C
Vehicle Related
Automobile Towing/Impound Lot I I I P
Automobile Repair or Body Shop C C P P
Automobile Sales or Rental I I Sec. 28-402
Automobile Service P P C C P P
Automobile Car Wash and Detailing P P P P P P
Atv, Boat, Recreational Vehicle, Snowmobile, Trailer, and Small Engine Sales and Service I I P
Gas Station and Convenience C C C C C
Heavy Truck, Farm Implement, Construction Equipment Repair, Rental, Sales, and Service I I P
Heavy Truck Fuel and Convenience C C C
Heavy Truck Wash and Detailing C C P P
Used Parts, Salvage and Reclamation I I I
Industrial Land Uses
Industrial Services
Bituminous or Concrete Plant and Sales C C C
Contractor's Shop and Storage Facility C C P P
Hazardous Chemical Storage or Distribution C C
Laundry Plant C C P P
Manufacturing
Food Processing or Production P P P P
Light Manufacturing/Processing C P P
Heavy Manufacturing/Processing C P
Utilities and Services
Cellular, Radio or Television Tower (Less than 75 feet in height) P P P P P P P P P P P P P P P P Sec. 28-422
Cellular, Radio or Television Tower (Primary Use or 75 feet or more in height) I I I I I I I I I I I I I I I I Sec. 28-422
Public Utility Building (major) C C C C C C C C C C C C C C C C C
Public Utility, Building (minor) P P P P P P P P P P P P P P P P P
Refuse Waste Facility (Transfer Station) C C
Refuse Waste Facility (Construction Debris Service and Recycling) C C C
Solar or Renewable Energy Power Generating Facility (Commercial) C P P Sec. 28-423
Waste Water Treatment or Cluster Sewage Treatment Facility C C C C C C C C C C C C C C C C C
Wind Energy Conversion System (WECS) (Small Commercial) I I I I I Sec. 28-422
Warehouse Distribution and Transportation
Airport and related facilities P Sec. 28-416
Warehouse Storage and Distribution Facility C P P
Planned Unit Developments
PUD, Commercial C C C C C C
PUD, Mixed Use C C C C C C C C C C
PUD, Residential C C C C C C C C C C
Tiny House Subdivision C C C C C
Accessory Land Uses*
Accessory Use or Structure P P P P P P P P P P P P P P P P P Sec. 28-201
Accessory Dwelling Unit P/C P/C P/C P/C Sec. 28-204
Accessory Home Share A A A A A A A Sec. 28-420
Accessory Recreation Facility A A A A A A A A A A A A A A
Caretaker Quarters (Incidental for security) P P P P P P P P P P P P
Daycare Facility (Licensed Home Care 14 or Less) A A A A A A A
Fence A A A A A A A A A A A A A A A A A Sec. 28-404
Home Occupation Type 1 A A A A A A A
Home Occupation Type 2 P P P P P Sec. 28-412
Home Occupation Type 3 I I I I I Sec. 28-412
Open Sales Lot, Minor P P Sec. 28-402
Open Sales Lot, Major I I I Sec. 28-402
Private and Public Water Craft Access Ramps C C C C C C C C C C C C C C C Sec. 28-360
Temporary Usage P P P P P P P P P P P P P P P P P Sec. 28-411
Solar or Renewable Energy Power Generating Facility (Personal Use) A A A A A A A A A A A A A A A A A Sec. 28-423
Wind Energy Conversion System (WECS) (Small Non-Commercial) (Less than 75 Feet in Height) P P P P P P P P P Sec. 28-422
Wind Energy Conversion System (WECS) (Small Non-Commercial) (Greater than 75 Feet in Height) I I I I I Sec. 28-422

 

(Ord. No. 199, 3rd series, § 1, 11-6-2023; Ord. No. 213, 3rd series, § 2, 11-18-2024)

Editor's note— Ord. No. 213, 3rd series, § 2, adopted Nov. 18, 2024, amended the title of § 28-82 to read as herein set out. The former § 28-82 title pertained to Greater Bemidji area land use regulation matrix.