In order to carry out the purpose and provisions of this code, the city is hereby divided into the following zoning districts and groups of districts:

      (1)   The “R-l” One and Two Family Residential District intends to create, preserve and enhance residential areas for one and two family attached dwellings.

      (2)   The “R-2" Multiple Family Residential District intends to create, preserve and enhance residential areas for multiple family use at low to medium densities (up to four dwelling units) for families and singles. It is typically appropriate for as a transition area between low-density residential districts and high- density residential districts.

      (3)   The “R-3" High Density Residential District intends to create, preserve and enhance residential areas for multiple family use at high densities (over four dwelling units per structure) for families and singles. It is typically appropriate in areas of good accessibility to thoroughfares, open space, public transportation, public community centers, libraries, education institutions and commercial centers.

      (1)   The “B-l” Central Business District intends to preserve and enhance the city’s central business district as the prime center for offices, government offices, shopping, and cultural activities.

      (2)   The “B-2" General Business District intends to permit selected businesses in areas adjacent to residential neighborhoods where analysis of the population demonstrates that such establishments are required and desirable.

      (3)   The “B-3" Highway Business District intends to permit service and retail businesses primarily orientated towards motorists and requiring high volumes of traffic and visibility from major roads.

      (1)   The “I-1" Limited Industrial District provides a location for non-nuisance type manufacturing and/or less intensive commercial uses such as wholesale activities, with incidental outside storage.

      (2)   The “I-2" General Industrial District provides a location for heavier industrial and manufacturing activities, without encroachment by incompatible use areas.

      (3)   The “I-3" Special Industrial District provides a location for industries that could use recycled products from the recycling center and industries that could benefit from railroad access and heavy truck traffic.

(Ord. 1112.03, passed 8-25-03; Ord. 1160.24, passed 3-4-24)

   (A)   Uses in the various districts shall be as follows:

      (1)   P = Permitted Use

      (2)   A= Permitted Accessory Use

      (3)   C= Conditional Use Permit Required

      (4)   N= Not Allowed

   (B)   The list of uses in the various districts stated in this section is not exhaustive; for uses not specifically listed below, said uses shall be classified as a conditional use whereby a conditional use permit is required pursuant to § 154.178 before said use shall be permitted in any of the below referenced districts.

 

* Drinking Water Source Management Area (DWSMA)

   (C)   Outlined on the Zoning Map is the Drinking Water Source Management Area (DWSMA) for the Benson Municipal Wells. The DWSMA is the visible boundary outlining the area which supplies all water to the Benson Municipal Wells. The aquifer which supplies water to the Benson Municipal Wells has been classified as “moderately vulnerable” by the Minnesota Department of Health. For the purpose of ensuring the protection of the municipal water supply, conditional use permits will be required for any land use within the DWSMA which requires the installation of wells, installation of aboveground or underground storage tanks over 500 gallons, all industrial uses, and any permitted agricultural uses. The conditional use permit requirement will allow the city to assess potential risks involved with any new permitted uses within the DWSMA prior to issuing a permit.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 1155.21, passed 8-2-21; Am. Ord. 212, passed 5-15-23)

   The boundaries of the above districts are hereby established on that certain map entitled the “Zoning Map of Benson, Minnesota.” The map is properly approved and in the office of the Zoning Administrator in the City Hall, and is hereinafter referred to as the “Zoning Map.” This map and all of the notations, references, and other information shown thereon shall have the same force and effect as if fully set forth and described herein.

(Ord. 1112.03, passed 8-25-03)

   District boundary lines as indicated on the Zoning Map follow lot lines, the center lines of streets, alleys, or railroads, the center lines of streets or alleys projected, the center of watercourses, or the corporate limit lines, all as they exist upon the effective date of this code or thereto. If district boundary lines do not follow any of the abovedescribed lines, the district boundary lines are established as drawn on the Zoning Map. Where a district boundary line divides a lot of record, which was in single ownership at the time of enactment of this code and places portions of such lot of record in two or more use districts, any portion of such lot within 50 feet on either side of such a dividing district boundary line may be used for any use of either use districts; provided, however, if any portion of such lot shall extend beyond the 50 foot limitation, the district line as shown shall prevail. Appeals from the Zoning Administrator’s determination and questions of doubt concerning the exact location of district boundary lines shall be heard by the Board of Appeals. See also § 154.181.

(Ord. 1112.03, passed 8-25-03)

 

 

 

 

 

 

 

 

 

 

 

   (A)   Height limitations.

      (1)   Height limitations as set forth elsewhere in this code may be increased by 50% when applied to the following:

         (a)   Church spires;

         (b)   Belfries;

         (c)   Water towers;

         (d)   Flagpoles;

         (e)   Smokestacks;

         (f)   Cooling towers;

         (g)   Elevators;

         (h)   Elevator penthouses.

      (2)   Heights in excess of those allowed under this section shall be permitted only by a conditional use permit granted by resolution of the City Council determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property.

   (B)   Front yards.

      (1)   In any “R” district, where the average front yard of lots with existing buildings within 200 feet of the lot in question and in the same block is less than the minimum required by this code, the minimum front yard shall, for the lot in question, be 90% percent of the average of the existing front yards. However, no front yard shall be less than the smallest front yard existing nor shall any front yard be less than 20 feet.

      (2)   The front yard in any “R” district may be varied in any single block and the minimum front yard may be less than the minimum prescribed by this chapter, but in no event less than 20 feet, if there is an overall design to the variation and the overall design is approved by action of the City Council upon the advice from the Planning Commission.

      (3)   Along thoroughfares as designated in the Guide Plan, the minimum front setback may be varied by action of the City Council upon advice from the Planning Commission.

   (C)   Frontage. No lot shall contain any building used as a dwelling unless it abuts at least 20 feet on a public right-of-way 50 feet or more in width.

   (D)   Side yards. A building may be excluded from side setback requirements if party walls are used and if the adjacent buildings are constructed as an integral unit. If party walls (fire resistant) or integral construction is planned, the structure shall be located along the side lot line.

   (E)   Lot requirements. A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date of this code shall be deemed a buildable lot provided it has frontage on a public right-of-way and space requirements for the district in which it is located can be maintained or adjusted to conform as follows:

      (1)   A lot or parcel of land recorded upon the effective date of this chapter which is in a residential district and that does not meet the requirements of this code as to area, width, or yard space may be utilized for dwelling purposes providing that the requirements for front yard setback remain the same and that each side yard be not less than 12% of the lot width, or in any event less than six feet, except that the street side of corner lots shall have a minimum of ten foot side yards. No building permit may be granted for lots of record whose measurements are less than 60% of the area, width, or yard space required by this code.

      (2)   In all districts there shall be no more than one principal building on one lot except as provided for in § 154.178.

   (F)   Yard and open space requirements.

      (1)   No yard or other open space shall be reduced in area or dimension by sale or other means so as to make such yard or other open space less than the minimum required by this code, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.

      (2)   No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.

      (3)   The following shall not be considered as encroachments on required yards:

         (a)   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not extend more than 1 ½ feet into a yard;

         (b)   Fences that do not exceed 3 ½ feet in height; terraces, steps, uncovered porches, stoops, or similar structures that do not extend above the height of the ground floor level of the principal building and do not extend to a distance less than two feet from any lot line; yard lights and nameplate signs in “R” districts; trees, shrubs, and plants; floodlights or other sources of light illuminating authorized illuminated signs; light standards for illuminating parking areas, loading areas, or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property; except as § 154.020 applies;

         (c)   Rear yard only: balconies, breezeways, detached outdoor picnic shelters, and recreational equipment, except as regulated hereinafter.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 1160.24, passed 3-4-24) Penalty, see § 10.99

   Manufactured home parks including manufactured single family housing units, office limited to administration of the park, recreational buildings and structures, storm shelters, and other directly related complementary uses are conditional uses subject to a site plan review and approval, pursuant to § 154.031, and/or planned unit development (PUD) agreement and final development plan, pursuant to §§ 154.040 - 154.047; and, in addition, in accordance with the following standards:

   (A)   General provisions for all manufactured home parks.

       (1)   Area. All land area shall be:

         (a)   Adequately drained;

         (b)   Landscaped to control dust;

         (c)   Clean and free from refuse, garbage, rubbish or debris.

      (2)   Outdoor camping. There shall not be outdoor camping anywhere in a manufactured home park.

      (3)   Public access. Public access to manufactured housing parks shall be as approved by the city.

      (4)   Building permit. All structures (fences, storage, decks, and the like) shall require a building permit from the Building Official.

      (5)   Foundation enclosure. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection.

      (6)   Emergency storm protections. Manufactured home parks shall comply with emergency storm protections as required by Minnesota Statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the city.

   (B)   Lot setbacks. In manufactured home parks created after January 1, 2003, no manufactured home shall be located closer than ten feet to a side or rear lot line. The front yard setback shall be at least 30 feet from the street surface. On corner lots, the side yard setback shall be at least 20 feet from the street surface. No manufactured home shall be located closer than 30 feet from the periphery lot line of the manufactured home park.

   (C)   Permitted encroachments. Attached steps, uncovered stoops, and landings may encroach up to five feet into a side yard setback, provided that they do not exceed 20 square feet in area or extend closer than ten feet to a structure on an adjacent lot; an eave or overhang may encroach up to one foot into a front, side, and rear setback.

   (D)   Building height requirements. No structure shall exceed one story or 30 feet, whichever is less.

   (E)   Utilities.

      (1)   All manufactured home parks shall be connected to a public water and sanitary sewer system.

      (2)   All installations for disposal of surface storm water must be approved by the city.

      (3)   All utility connections shall be as approved by the city.

      (4)   The source of fuel for cooking, heating, or other purposes at each manufactured home site shall be as approved by the city.

      (5)   All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street lighting or other lighting purposes.

      (6)   No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment.

      (7)   The method of garbage, waste, and trash disposal must be approved by the city.

      (8)   The owner shall pay any required sewer and water connection fees to the city.

       (9)   The owner shall pay inspection and testing fees for utility service to the city.

    (F)   Accessory buildings.

      (1)   Limit. Accessory buildings including garages shall be limited to one per manufactured home lot. Maximum allowable floor area shall not exceed 6% of the lot size in manufactured home parks where lot size is delineated by site plan or lot markers.

      (2)   Maximum building height. The maximum building height shall be no higher than 80% of the principal building.

   (G)   Location. The manufactured home park site plan shall designate the locations proposed for the development of garages and/or accessory buildings on each manufactured lot. Said accessory buildings shall comply with the following setback requirements:

      (1)   An accessory building shall only be located in side or rear yards;

      (2)   Accessory buildings shall not be located within any utility easements;

      (3)   In manufactured home parks and on manufactured home parks lots established after January 1, 2003, all accessory buildings located on individual manufactured home unit lots shall be owned, constructed, and maintained by the manufactured home park owner. All accessory structures shall be established as part of a predetermined site plan and subject to the approval of the City Council.

   (H)   Building type and construction. Any building addition shall either be manufactured or custom built of materials that are consistent or compatible to the design of the principal building. “Compatible” means that the exterior appearance of an accessory building is not at variance with the principal building from an aesthetic and architectural standpoint to cause:

      (1)   A difference to a degree to cause incongruity with the principal building;

      (2)   A deviation from the general character of the neighborhood;

      (3)   A depreciation of neighborhood value or adjacent property values;

      (4)   A nuisance. Types of nuisance characteristics include, but are not limited to noise, dust, odors, glare and unsightly building exterior.

   (I)   Design requirements for manufactured home parks created after January 1, 2003.

      (1)   Park size. The minimum area required for a manufactured home park designation shall be ten acres.

      (2)   Lot size: Individual manufactured home lots:

         (a)   Lot width. Not less than 65 feet.

         (b)   Lot depth. Not less than 120 feet.

         (c)   Changes to lot width and lot depth requirements may be allowed by conditional use permit as regulated by § 154.178.

         (d)   Each manufactured home shall have a frontage on an approved roadway and the corners of each manufactured home lot shall be marked and each lot shall be numbered.

   (J)   Parking.

      (1)   Each manufactured home lot shall have off-street parking space for two passenger motor vehicles.

      (2)   All parking spaces shall be hard surfaced according to specifications established by the city.

   (K)   Internal roads and streets.

      (1)   All streets shall be private streets and shall be developed with a roadbed of not less than 28 feet in width and shall meet city design specifications.

      (2)   The park shall have a street lighting plan approved by the city.

   (L)   Recreation. All manufactured home parks shall have at least 10% of the land area developed for recreational use (tennis courts, children’s play equipment, swimming pool, golf green, and the like) The recreational use shall be developed and maintained at the owner/operator’s expense.

   (M)   Operational standards for manufactured home parks.

      (1)   Maintenance. The operator of any manufactured home park, or a duly authorized attendant and/or caretaker shall be responsible at all times for keeping the manufactured home park, its facilities and equipment, in a clean, orderly, operable, and sanitary condition. The attendant or caretaker shall be answerable, along with said operator, for the violation of any provisions of these regulations to which said operator is subject.

      (2)   Inspections prior to sale. Prior to the sale of a manufactured home within a manufactured home park, the operator of a manufactured home park or the duly authorized attendant and/or caretaker must inform the Building Official of the prospective sale and provide him or her with confirming documentation from the Commissioner of compliance with the Manufactured Home Building Code required by M.S. § 327.32.

      (3)   Permits. Prior to a manufactured home being moved into a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking and a permit for connection to public sewer and water. The application for permits shall be accompanied by a site plan, drawn to scale, detailing the unit placement, accessory structures, and setbacks. See § 154.031 and §§ 154.040 - 154.047.

      (4)   Upgrading. Prior to locating a manufactured home housing unit constructed prior to July 1, 1997, on a lot within a manufactured home park within the city, said unit shall be upgraded to current life safety codes and subject to the approval of the Building Official.

      (5)   Street maintenance. All private internal streets in manufactured home parks shall be maintained by the park owner in a good state of repair, free from obstructions, encumbrances, depressions, pot holes, and break ups. Snow shall be promptly plowed and removed from streets and adjacent mail boxes and fire hydrants, so that snow or snow plows do not constitute a safety hazard to motorists and pedestrians, or constitute an obstruction to emergency service vehicles. Icy streets and areas adjacent to mail boxes shall be promptly sanded. “Promptly” shall mean no later than 24 hours after the end of a snowfall or in the case of ice within 24 hours after it was formed.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

   When land is proposed to be annexed to the city, the Planning Commission shall hold a public hearing to determine the zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the City Council. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the agricultural district “A” and such classification shall be considered as an interim step pending permanent classification.

(Ord. 1112.03, passed 8-25-03)