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Big Lake City Zoning Code

SECTION 1003

DISTRICT REGULATIONS

§ 1003.01 Establishment of Districts.

In order to classify, regulate, and restrict the location of trade and industry and the location of buildings designated for specific uses, to protect residential uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards, recreation and open space within and surrounding such buildings, the city is hereby divided into zoning districts. The use, height, and area regulations shall be uniform in each district, and said districts shall be known as:
         1.   AG: Agricultural District;
         2.   R-1: Single-Family Residential District;
         3.   R-2: Medium Density Residential District;
         4.   R-3: High Density Residential District;
         5.   R-4: Single-Family Manufactured Home Park District;
         6.   R-5: Residential Redevelopment District;
         7.   B-1: Community Business District;
         8.   B-2: General Business District;
         9.   CI: Mixed Use Commercial Industrial District;
         10.   I-1: Industrial Park District;
         11.   I-2: General Industrial District;
         12.   I-3: Innovation Industrial District;
         13.   DD: Downtown Design Overlay District;
         14.   PUD: Planned Unit Development District;
         15.   SD: Shoreland Management Overlay District;
         16.   W: Wetland Overlay District;
         17.   FW: Floodway District; and
         18.   FF: Flood Fringe District.
(Ord. 2004-09, passed 4-14-2004)

§ 1003.02 Zoning District Boundaries.

Zoning district boundary lines established by this subsection follow lot lines, the centerlines of railroad right-of-way lines, street rights-of-way, water courses, or the corporate limit lines, all as they exist upon the effective date of this chapter.
   Subd. 1.   Appeals. Appeals concerning the exact location of a zoning district boundary line shall be heard by the City Council serving as the Board of Adjustment and Appeals pursuant to subsection 1002.13.
   Subd. 2.   Vacations. Whenever any street, alley, or other public way is vacated by official action of the city as provided in subsection 1101.10 of the City Code, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
   Subd. 3.   Designation. All streets, alleys, public ways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting upon such alleys, streets, public ways, or railroad rights-of-way. Where the centerline of a street, alley, public way, or railroad right-of-way serves as the district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
   Subd. 4.   Water Areas. All areas within the corporate limits of the city which are under water and which are not shown as included within any zone shall be subject to all regulations of the zone which immediately adjoins such water area. If such water area adjoins two or more zones the boundaries of each zone shall be construed to be extended into the water area in a straight line until they meet the other district at the halfway point and/or to the corporate limits.

§ 1003.03 Zoning Map.

The location and boundaries of the districts established by this text are hereby set forth on the official “Big Lake Zoning Map.” Said map shall be on file with the Zoning Administrator, and hereinafter referred to as the “zoning map.” Said map and all the notations, references, and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter by reference.
(Ord. 2023-06, passed 6-14-2023)

§ 1003.04 Annexations.

All territory hereafter annexed to the city which is not shown on the zoning map shall automatically, upon annexation, be classified within the Agricultural District and shall be subject to all regulations, notations, references, and conditions as are applicable to said district until such time that a determination may be made as to the proper district classification for such territory and an amendment can be made to that effect.

§ 1003.05 Use Table.

The use table in this subsection identifies the uses allowed within zoning districts.
   Subd. 1.   Uses. Uses are defined in subsection 1001.02. Uses not defined are subject to standard dictionary definitions.
   Subd. 2.   Permitted Uses. Uses identified in the zoning district column with the letter “P” are allowed as permitted uses in the respective zoning district.
   Subd. 3.   Accessory Uses. Uses identified in the zoning district column with the letter “A” are allowed as accessory uses in the respective zoning district.
   Subd. 4.   Administrative Uses. Uses identified in the zoning district column with the letter “AP” are allowed as administrative uses in the respective zoning district. Administrative uses must obtain an administrative permit, subject to the performance standards in this chapter and procedures in subsection 1002.05, prior to commencing.
   Subd. 5.   Conditional Uses. Uses identified in the zoning district column with the letter “C” are allowed as conditional uses in the respective zoning district. Conditional uses must obtain a conditional use permit, subject to the performance standards in this chapter and procedures in subsection 1002.08, prior to commencing.
   Subd. 6.   Interim Uses. Uses identified in the zoning district column with the letter “I” are allowed as interim uses in the respective zoning district. Interim uses must obtain an interim use permit, subject to the performance standards in this chapter and procedures in subsection 1002.09, prior to commencing.
   Subd. 7.   The code reference column in the table below provides information about the City Code section establishing additional standards required for certain uses.
TABLE 1
Use
AG
R-1
R-2
R-3
R-4
R-5
Code Reference
TABLE 1
Use
AG
R-1
R-2
R-3
R-4
R-5
Code Reference
Accessory dwelling unit
C
C
C
 
 
C
Subsection 1006.07
Accessory structures and uses incidental and customary to the uses allowed
AP
AP
AP
AP
AP
AP
Subsection 1005.02
Agriculture, farms, nursery farms, greenhouses for growing only, landscape gardening, including sale of products only grown on premises
P
 
 
 
 
 
Alternative energy systems
AP
AP
AP
AP
AP
AP
Subsection 1005.08
Antennas
A, AP, C, P
A, AP, C, P
A, AP, C, P
A, AP, C, P
A, AP, C, P
A, AP, C, P
Subsection 1005.02
Assisted living facility
 
 
 
C
 
 
Subsection 1006.07
Cannabis cultivation (outdoor)
P
Subsection 1005.15
Cemeteries and memorial gardens
C
C
 
 
 
C
Subsection 1006.07
Day care facility, commercial
C
Subsection 1006.07
Day care facility, in home
A
A
A
A
A
A
Subsection 1006.07
Detached accessory structure (off-site)
 
 
 
 
 
C
Subsection 1006.07
Dwelling, multifamily
 
 
 
P
 
 
Dwellings, single-family detached
P
P
P
 
 
P
Dwellings, townhomes
 
 
P
P
 
C
Dwellings, two-family
 
 
P
P
 
C
Essential services
P, AP, C
P, AP, C
P, AP, C
P, AP, C
P, AP, C
P, AP, C
Subsection 1005.04, 1006.07
Fences
AP
AP
AP
AP
AP
AP
Subsection 1006.05
Garage
A
A
A
A
A
A
Subsection 1006.02
Gardening and other horticultural uses, with no sale of products on premises
A
A
A
A
A
A
Golf courses, archery ranges, ski clubs, and other private recreational land uses of a similar nature
P
 
 
 
 
 
Grading and mining operations
I
I
I
I
I
I
Subsection 1005.05
Grading, filling, and excavating
AP
AP
AP
AP
AP
AP
Subsection 1005.05
Home occupations
A, C
A, C
A, C
A, C
A, C
A, C
Subsection 1003.13
Keeping of animals
A
A
A
A
A
A
Section 390
Kennels, commercial
I
 
 
 
 
 
Subsection 1006.07
Manufactured home park
 
 
 
 
C
 
Model homes/temporary real estate office
 
AP
AP
AP
I
AP
Subsection 1005.06
Off-street loading
 
 
A
A
A
A
Outdoor wood burner
A
A
A
A
A
A
Public, educational, and religious buildings
C
C
C
C
C
C
Subsection 1006.07
Recreation, public
P
P
P
P
P
P
Recreational field, structure, or building
C
C
C
C
C
C
Subsection 1006.07
Recreational vehicles
A
A
A
A
A
A
Subsection 1005.07
Septic and well
I
Subsection 1006.07
Short-term rental housing
AP
AP
AP
AP
AP
Subsection 1006.07
Signs
A
A, C
A, C
A, C
A, C
A, C
Section 1300
Solar farms and gardens
I
 
 
 
 
 
State licensed residential facility (6 or fewer people)
P
P
 
 
 
P
State licensed residential facility (7 or more people)
 
 
C
C
C
 
Subsection 1006.07
Temporary classroom
I
I
I
I
I
I
Temporary mobile towers for personal wireless service antennas
AP
AP
AP
AP
AP
AP
Subsection 1005.02
Temporary structures and uses
AP
AP
AP
AP
AP
AP
Subsection 1002.10
Uses incidental and directly related to public and private recreational facilities
A
A
A
A
A
A
Table 2
Use
B-1
B-2
CI
I-1
I-2
I-3
Section Reference
Table 2
Use
B-1
B-2
CI
I-1
I-2
I-3
Section Reference
Accessory structures and uses incidental and customary to the uses allowed
AP
AP
AP
AP
AP
AP
Subsection 1005.02
Animal hospital
P
P
P
P
P
P
Animal grooming
P
P
P
P
P
P
Antennas
A, AP, C, P
A, AP, C, P
A, AP, C, P
A, AP, C, P
A, AP, C, P
A, AP, C, P
Subsection 1005.02
Artisan studio/makerspace
P
P
P
P
P
Auction facility
P
P
P
P
P
P
Auto repair (major/minor), with a retail component
 
C
Subsection 1006.07
Automobile repair, major
P
P
P
Banks, credit unions, and other financial institutions
P
P
P
Bed and breakfast establishment
P
P
Breweries, taproom
P
P
P
P
P
P
Brewpubs
P
P
P
Cannabis cultivation (indoor)
P
P
P
P
P
P
Subsection 1005.15
Cannabis manufacturing, processing, extraction
P
P
P
P
P
P
Subsection 1005.15
Cannabis retail
P
P
P
P
Subsection 1005.15
Cannabis wholesale
P
P
P
P
P
P
Subsection 1005.15
Canopies
A
A
A
Subsection 1006.07
Car wash
C
C
Subsection 1006.07
Catering/commercial kitchen
P
P
P
P
Contractor’s operations
P
P
Subsection 1006.07
Co-working space/flexible office space
P
P
P
P
P
Day care facility, commercial
C
C
Subsection 1006.07
Day care, as a conditional accessory use
C
C
C
C
Subsection 1006.07
Dispatch center
P
 
Distribution center
P
P
Drive through lanes
A
A
Subsection 1006.07
Dry cleaning, laundromat, laundry service
P
P
Essential services
P, AP, C
P, AP, C
P, AP, C
P, AP, C
P, AP, C
P, AP, C
Subsection 1005.04, 1006.07
Event center
P
P
P
P
P
P
Farmer’s market
AP
AP
AP
AP
AP
AP
Fences
AP
AP
AP
AP
AP
AP
Subsection 1006.04
Firearm range
C
Funeral homes and mortuaries
P
P
P
P
P
P
Garage, private
A
A
A
A
A
A
Grading, land filling, and excavation
AP, I
AP, I
AP, I
AP, I
AP, I
AP, I
Subsection 1005.05
Grocery, supermarket
 
P
Health clubs
P
P
P
P
Hemp manufacturing
P
P
P
P
P
P
Subsection 1005.15
Hospitals and medical campus
P
P
P
P
P
P
Hotels and motels
P
P
P
Keeping of animals
 
A
A
A
P
Section 390
Kennels, commercial
I
I
Subsection 1006.07
Laboratories
 
 
P
P
P
P
Liquor, on-sale or off-sale
P
P
Manufacturing, compounding, assembly, packaging, treatment of products
C
C
P
P
P
P
Motor fuel station
C
C
Subsection 1006.07
Motor vehicle sales
 
C
C
C
Subsection 1006.07
Motor vehicle sales, indoor
P
Retail and personal service business
P
P
P
Offices, professional/medical
P
P
P
Office/warehouse or business
P
P
P
Off-street loading
A
A
A
A
A
A
Open sales lot
A
Outdoor dining, accessory
AP
AP
AP
AP
AP
AP
Subsection 1006.07
Outdoor sales and services, accessory
C
C
Subsection 1006.07
Outdoor storage, accessory
I
AP, I
Subsection 1006.07
Parking ramp
P
P
P
P
P
P
Processing or fabrication
P
P
P
P
Public, educational, and religious buildings
C
C
C
C
C
C
Subsection 1006.07
Radio and television stations
P
P
P
P
P
P
Recreation, commercial
P
P
P
P
P
Recreation, field, structure, or building
C
C
C
C
C
C
Subsection 1006.07
Recreation, public
P
P
P
P
P
P
Restaurant
P
P
P
Restaurant/cafeteria accessory to an allowed use
A
A
A
A
A
A
Subsection 1006.07
Self-service storage facility
P
P
P
Sexually oriented business
P, A
P, A
P, A
P, A
P, A
P, A
Subsection 1005.11
Shopping center
 
P
Signs
A, AP, C
A, AP, C
A, AP, C
A, AP, C
A, AP, C
A, AP, C
Section 1300
Sports arena and stadiums
C
C
State licensed residential facility (> 7 or more persons)
P
P
Storage, containerized
 
I
Temporary structures and uses
AP
AP
AP
AP
AP
AP
Subsection 1002.10
Trade or business schools
 
P
P
Transit station
P
P
P
P
P
P
Truck or freight terminal
C
Subsection 1006.07
Vehicle rental, accessory
 
I
Subsection 1006.07
Wholesale showrooms, warehousing, and indoor storage
P
P
P
P
P
(Ord. 2025-01, passed 1-22-2025)

§ 1003.06 AG, Agricultural District.

   Subd. 1.   Purpose. The Agricultural Zoning District is established for the purpose of preserving and maintaining the use of land for agricultural purposes, to prevent scattered and disorderly urbanization, and to protect and preserve natural resources. In areas of the city where municipal sewer and water are available or planned, the purpose of the Agricultural District is to provide a holding zone until a landowner/developer makes application for development, at which time, the city may rezone the affected property consistent with its designation in the Comprehensive Plan, provided that the development does not result in the premature extension of public utilities, facilities, and services as specified above.
   Subd. 2.   Uses Allowed. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Use Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in an AG District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 3
AG, AGRICULTURAL DISTRICT
Requirements
TABLE 3
AG, AGRICULTURAL DISTRICT
Requirements
SINGLE-FAMILY DWELLINGS
 
Maximum height principal structure
35 feet
Minimum lot area
5 acres
Minimum lot width
500 feet
Principal Structure Setbacks
 
Front
50 feet
Rear
30 feet
Side
20 feet
SOLAR FARMS AND SOLAR GARDENS
 
Maximum height solar panels
15 feet at maximum tilt
Minimum lot area
5 acres
Minimum lot width
500 feet
Solar Panel Setbacks
 
Front
20 feet
Rear
20 feet
Side
20 feet
OTHER USES
 
Maximum height principal structure
35 feet
Minimum lot area
20 acres
Minimum lot width
500 feet
Principal Structure Setbacks
 
Front
100 feet (or as specifically identified)
Rear
40 feet (or as specifically identified)
Side
50 feet (or as specifically identified)
 
   Subd. 5.   Density. The maximum density within the AG District shall be one dwelling unit per quarter/quarter section.
   Subd. 6.   Quarter/Quarter Residential Divisions. In a complete quarter/quarter section which contains no dwellings, one parcel may be subdivided to be used as a residential site, provided that:
         1.   The division shall meet the minimum lot and yard requirements of this subsection;
         2.   A deed restriction shall be placed upon parcels that have exercised development rights to prohibit additional subdivision, until such a time as it is rezoned and public sewer and water services are provided;
         3.   The initial quarter/quarter section is under common ownership;
         4.   The division is processed according to the city’s subdivision ordinance; and
         5.   The site is capable of accommodating a private well and septic system and an alternative septic system site, should the initial site fail.

§ 1003.07 R-1, Single-Family Residential District.

   Subd. 1.   Purpose. The purpose of the R-1, Single-Family Residential District is to provide for low density single-family detached residential dwelling units and directly related, accessory, and complimentary uses.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the R-1 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 4
R1, SINGLE-FAMILY RESIDENTIAL DISTRICT *
Requirements
TABLE 4
R1, SINGLE-FAMILY RESIDENTIAL DISTRICT *
Requirements
SINGLE-FAMILY
 
Maximum height principal structure
35 feet
Maximum impervious surface coverage
35%
Minimum lot area
10,000 square feet
Minimum lot width
75 feet
Principal Structure Setbacks
 
Front
30 feet
Rear
30 feet
Side
10 feet
OTHER USES
 
Maximum height principal structure
35 feet
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
Principal Structure Setbacks
 
Front
50 feet
Rear
40 feet
Side
20 feet
ALL USES
 
Arterial road
50 feet
Collector road
45 feet
Railroad setback
100 feet
Residential driveway setback
5 feet
Wetland setback and buffer
30 feet (from delineated boundary)
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.08 R-2, Medium Density Residential District.

   Subd. 1.   Purpose. The purpose of the R-2, Medium Density Residential District is to provide for low to medium density development through the mixture of single, two unit, and townhome dwellings and directly related, complementary uses. Development of two-family and single-family detached residential dwelling units and directly related, accessory, and complementary uses.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the R-2 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 5
R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT *
Requirements
TABLE 5
R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT *
Requirements
SINGLE-FAMILY
 
Maximum height principal structure
35 feet
Minimum lot area
8,000 square feet
Minimum lot width
60 feet
Principal Structure Setbacks
 
Front
25 feet
Minimum setback between buildings
10 feet
Rear
25 feet
Side
10 feet
TWO UNIT/TOWNHOME UNIT
 
Maximum height principal structure
35 feet
Minimum base lot area
12,000 square feet
Minimum base lot width
100 feet
Principal Structure Setbacks
 
Front
25 feet
Minimum setback between buildings
10 feet
Rear
25 feet
Side
10 feet (0 lot line setback interior unit)
OTHER USES
 
Maximum height principal structure
35 feet
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
Principal Structure Setbacks
 
Front
50 feet
Rear
40 feet
Side
20 feet
ALL USES
 
Arterial road
50 feet
Collector road
45 feet
Railroad setback
100 feet
Residential driveway setback
5 feet
Wetland setback and buffer
30 feet (from delineated boundary)
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.09 R-3, High Density Residential District.

   Subd. 1.   Purpose. The purpose of the R-3, High Density Residential District is to provide for medium to high density residential uses. Development of townhome and multiple-family apartments and directly related, accessory, and complimentary uses are a means of addressing the city’s life cycle housing needs.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements; Attached and Multiple-Family Dwelling Lots. The following minimum requirements shall be observed in the R-3 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 6
R-3, HIGH DENSITY RESIDENTIAL DISTRICT *
Requirements
TABLE 6
R-3, HIGH DENSITY RESIDENTIAL DISTRICT *
Requirements
TWO UNIT/TOWNHOME UNIT
 
Back curb line
25 feet
Guest parking areas
25 feet
Minimum base lot area
12,000 square feet
Minimum base lot width
100 feet
Minimum setback between buildings
15 feet
Minimum unit lot width
24 feet
Principal structure setbacks
30 feet
Public rights-of-way
25 feet
MULTI-FAMILY
 
Back curb line
25 feet
Guest parking areas
25 feet
Maximum height principal structure
4 stories
Minimum base lot area
15,000 square feet
Minimum base lot width
100 feet
Minimum setback between buildings
15 feet
Principal structure setbacks
30 feet
Public rights-of-way
25 feet
OTHER USES
 
Front
50 feet
Maximum height principal structure
35 feet
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
Principal structure setbacks
 
Rear
40 feet
Side
20 feet
ALL USES
 
Arterial road
50 feet
Collector road
45 feet
Railroad setback
100 feet
Residential driveway setback
5 feet
Wetland setback and buffer
30 feet (from delineated boundary)
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 
   Subd. 5.   Transition Requirement. Any R-3 zoned property abutting an AG, R-1, or R-5 District shall have a minimum of one tier of single-family detached, two-family dwelling lots, or detached townhomes bordering such a district and that tier shall be subject to the same lot and building standards as the R-2 District. Exemptions to the provisions of this section may be granted subject to the approval of an Zoning Administrator at the time of development; provided one or more of the following conditions exist:
         1.   The properties are separated by a major collector or arterial street;
         2.   The abutting land use is a non-residential use allowed in the district in which it is located; and
         3.   The properties are separated by a railroad right-of-way, wetland, water body, floodplain, public open space, park, or such other similar publicly reserved and development restricted area with a minimum width of 100 feet across its entire length.

§ 1003.10 R-4, Single-Family Manufactured Home Park District.

   Subd. 1.   Purpose. The purpose of the R-4, Single-Family Manufactured Home Park District is to provide a separate district for manufactured home parks, distinct from other residential areas with uses.
   Subd. 2.   Uses. Uses allowed within the district area are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the R-4 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 7
R-4, SINGLE-FAMILY MANUFACTURED HOME PARK DISTRICT *
Requirements
TABLE 7
R-4, SINGLE-FAMILY MANUFACTURED HOME PARK DISTRICT *
Requirements
MANUFACTURED HOME PARK
 
Manufactured home setback
20 feet to street line
Maximum lot coverage
35%
Minimum area
8 acres
Minimum width
300 feet
Open space minimum width/length
20 feet
Open space requirement
500 square feet per mobile home
Setback from AG District
75 feet
MANUFACTURED HOME UNITS
 
Front setback
20 feet
Maximum building height
25 feet
Rear setback
10 feet
Setback between units
20 feet
Side setback
10 feet
Wetland setback and buffer
30 feet
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 
         1.   General Provisions for All Manufactured Home Parks.
            a.   Area. All land area shall be:
               i.   Adequately drained;
               ii.   Landscaped to control dust;
               iii.   Clean and fee from refuse, garbage, rubbish, or debris; and
               iv.   The manufactured home stand shall be at such elevation, distance, and angle relative to the street and driveway that placement and removal of the mobile home with a car, tow truck, or other customary moving equipment is practical. The manufactured home stand shall have a longitudinal grade of less than 4% and transverse crown or grade to provide adequate surface drainage. The stand shall be compacted and surfaced with a material which will prevent the growth of vegetation while supporting the maximum anticipated loads during all seasons.
            b.   Recreational Camping. No portion of a manufactured home park shall be used as a recreational camping area.
            c.   Public Access. Public access to manufactured housing parks shall be as approved by the city.
            d.   Building Permit. All structures (fences, storage, decks, and the like) shall require a building permit from the Building Official. Fences shall be prohibited on individual manufactured home lots.
            e.   Access. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection.
            f.   Community Building. A manufactured home park shall have a central community building with restroom facilities, heating in all areas, and adequate storm protection design and capacity to serve the manufactured home park. Such buildings shall be maintained in a safe, clean, and sanitary condition.
            g.   Emergency Storm Protections. Manufactured home parks established prior to July 1, 1993, shall comply with emergency storm protections as required by Minnesota Statutes. A new manufactured home park established after July 1, 1993, shall have storm shelters in compliance with Minnesota Statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council.
            h.   Ground Anchoring. All manufacture homes shall be secured by a ground anchoring system which conforms to M.S. § 327.32, subd. 1, as it may be amended from time to time.
            i.   Antenna. Antenna regulations imposed in the R-4 Zoning District shall be the same as those applied in the city’s R-1 District and as regulated by subsection 1005.02.
            j.   Permitted encroachments.
               i.   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.
               ii.   An eave or overhang may encroach up to one foot into a front, side, and rear setback.
               iii.   Decks may encroach a maximum of ten feet into a side yard setback, provided that they do not exceed 100 square feet in area and that they are set back at least ten feet from any structure on an adjacent lot.
            k.   Utilities.
               i.   All manufactured home parks shall be connected to a public water and sanitary sewer system.
               ii.   All installations for disposal of surface storm water must be approved by the city.
               iii.   All utility connections shall be as approved by the city.
               iv.   The source of fuel for cooking, heating, or other purposes at each manufactured home site shall be as approved by the city.
               v.   All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. When piped fuel and/or gas is provided by the mobile home park to each mobile home stand, the service shall also be located underground.
               vi.   No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment.
               vii.   The method of garbage, waste, and trash disposal must be approved by the city.
               viii.   The manufactured home park owner shall pay any required sewer and water connection fees to the city.
               ix.   The manufactured home park owner shall pay inspection and testing fees for utility service to the city.
            l.   Storage Lockers. Enclosed storage lockers, when provided, shall be located either adjacent to the manufactured home in a manufactured home park or at such other place in the park as to be convenient to the unit for which it is provided. Storage of large items such as boats, boat trailers, and the like shall not be accomplished at the site of the manufactured home unit, but rather shall be provided in a separate screened area of the park.
            m.   Accessory Buildings. Accessory buildings as permitted by subsection 1005.01.
         2.   Design Requirements for Manufactured Home Parks.
            a.   Parking.
               i.   Each manufactured home site shall have off-street parking space for two passenger vehicles. At least one parking space shall be located upon the lot of the unit established above. Remaining spaces shall be in a group compound located no further than 300 feet from the units for which they are designed.
               ii.   All parking spaces shall be hard surfaced according to specifications established by the city.
            b.   Internal Roads and Streets.
               i.   All streets shall be private streets and shall be a minimum of 22 feet in width.
               ii.   Public access to a mobile home park shall be so designed as to permit a minimum number of ingress and egress points to control traffic movement, and to keep undesirable through traffic out of the park.
               iii.   Streets within the park shall be paved and developed with curb and gutter to control storm surface drainage to the storm sewer system. The street improvements shall extend continuously from existing improved streets to provide access to each lot and to provide connections to existing or future streets and boundaries of the mobile home park.
               iv.   Streets and parking areas shall be surfaced for all-weather travel with not less than four inches of crushed stone, gravel, or other suitable base material topped with not less than two inches of bituminous, or four inches of concrete. The surface shall be limited at the edge by a concrete curb not less than four inches high.
               v.   Pedestrian sidewalks shall be developed within the mobile home park.
            c.   Recreation. All manufactured home parks shall have at least 500 square feet per mobile home developed for recreational use (tennis courts, children’s play equipment, swimming pool, golf green, open space, and the like). The areas of open space and/or play area shall not be areas included within any setback nor shall they include any areas of less than 20 feet in length or width.
            d.   Landscaping.
               i.   Each manufactured home lot shall be provided with one tree. The size and type of trees must meet the requirements of subsection 1006.06.
               ii.   All areas shall be landscaped in accordance with a landscaping plan approved by the City Council.
   Subd. 5.   Operational Standards for Manufactured Home Park. 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.
   Subd. 6.   Registration.
         1.   It shall be the duty of the operator of the mobile home park to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:
            a.   The name and address of each mobile home occupant;
            b.   The name and address of the owner of each mobile home;
            c.   The make, model, year, and license and number of each mobile home;
            d.   The state, territory, or county issuing the license;
            e.   The date of arrival and departure of each mobile home;
            f.   The number and type of motor vehicles or residents in the park; and
            g.   A statement certifying the safety of the home signed by the occupant and renewable each 90 days.
         2.   A map of the manufactured home park showing the location, address, and number of each mobile home unit site shall be prominently displayed within the park near the park entrance.
         3.   The park shall keep the register available for inspection at all times by city and county law enforcement officers, public health officials, and other public offices whose duty necessitates acquisition of the information contained in the register. The register record for each occupant and/or mobile home registered shall not be destroyed until after a period of three years following the date of departure of the registrant from the park.

§ 1003.11 R-5, Residential Redevelopment District.

   Subd. 1.   Purpose. The purpose of the R-5, Residential Redevelopment District is to provide for single-family, two-family, and townhome residential development and redevelopment of the older areas of the community located primarily within the shoreland management areas adjacent to Big, Mitchell, and Keller Lakes. The standards identified herein are intended to allow for the redevelopment of existing properties in a manner that is sensitive to the shoreland areas of Big, Mitchell, and Keller Lakes. These areas are virtually fully developed and contain plats dating generally from 1892 to the early 1950s. The areas are characterized by small lots ranging from 40 to 60 feet in width and neighborhoods contain a mixture of seasonal cabins and older single-family homes that are located at various setbacks and along narrow platted alleys and streets. The predominance of small lots, existing development patterns, and the desire by residents and the city to upgrade housing in this area, precipitated the need to develop special standards to guide owners in the maintenance, update, and redevelopment of existing properties.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the R-5 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
TABLE 8
R-5, RESIDENTIAL REDEVELOPMENT DISTRICT *
Requirements
TABLE 8
R-5, RESIDENTIAL REDEVELOPMENT DISTRICT *
Requirements
MINIMUM SETBACK STANDARDS FOR ALL USES
 
Arterial road
50 feet
Bluff, top of bluff
30 feet
Collector road
45 feet
Impervious surface coverage
35%
Local road
20 feet
Maximum building height
35 feet or 2.5 stories
Railroad setback
100 feet
Residential driveway setback
5 feet from side lot line
Wetland setback and buffer
30 feet
SINGLE-FAMILY NEW SUBDIVISION
 
Minimum Lot Area
 
Minimum lot width
75 feet
Non-riparian lot
10,000 square feet
Riparian lot
12,000 square feet
Setbacks
 
Front
25 feet
Rear
25 feet
Side
5 feet
SINGLE-FAMILY EXISTING LOTS OF RECORD
 
Minimum lot area
Size per approved final plat
Minimum lot width
Width per approved final plat
Setbacks
 
Front
20 feet
Rear
10 feet
Side
5 feet
TWO-FAMILY/TOWNHOME AND OTHER USES
 
Minimum lot area
20,000 square feet
Minimum base lot width
100 feet
Minimum unit lot width
24 feet
Setbacks
 
Front
20 feet
Maximum impervious surface coverage
75%
Rear
10 feet
Side
5 feet
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 
         1.   Bluff Impact Zones. Structures and accessory facilities, except stairways, lifts, and landings, must not be placed within bluff impact zones.
         2.   Shore Impact Zones. Structures and accessory facilities, except docks, must not be placed within shore impact zones.
         3.   Residential Lot Standards; Impervious Surface Coverage. The maximum allowed lot coverage by impervious surfaces is 35% on non-Shoreland Overlay District properties, as identified in the city’s current zoning map. Properties within the Shoreland Overlay District are allowed a maximum lot coverage by impervious surfaces of 25%, unless otherwise stated below.
            a.   Paver stone driveways, sidewalks, and patios that receive all required permits and are properly installed with a sand base and sufficient spacing to allow for drainage shall count towards 50% of the area covered for the purposes of calculating the overall lot coverage.
            b.   The impervious surface coverage on Shoreland Overlay District properties may be increased up to 50% of the total lot area by a conditional use permit as set forth in and regulated by subsection 1002.08 and the following criteria:
               i.   All structures, additions, or expansions shall meet setback and other requirements of this chapter;
               ii.   The lot shall be served by municipal sewer and water;
               iii.   The lot shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer; and
               iv.   Measures to be taken for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water. The measures may include, but not be limited to the following:
                  (a)   Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps;
                  (b)   Installation of debris guards and microsilt basins on storm sewer inlets;
                  (c)   Use, where practical, oil skimming devices or sump catch basins;
                  (d)   Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters, and downspouts;
                  (e)   Sidewalks are constructed with partially pervious raised materials such as decking which has natural or other pervious material beneath or between the planking;
                  (f)   Grading and construction techniques are used which encourage rapid infiltration, e.g., sand and gravel, under impervious materials with adjacent infiltration swales graded to lead into them;
                  (g)   Berms, water bars, or terraces are installed which temporarily detain water before dispersing it into pervious area; and
                  (h)   Installation of a minimum 15-foot wide buffer from the OHWL. This buffer would be treated similar to a wetland buffer where native grasses and the like would be required and mowing and dumping would not be permitted.
            c.   All structures and impervious surfaces shall be located on slopes less than 12%. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.
            d.   Site developments shall be designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion, and sedimentation problems consistent with Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota, State Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the State Law Library and not subject to frequent change.
            e.   The city may impose additional conditions if determined necessary to protect the public health, safety, and welfare.
         4.   Single-Family Lot Standards; Existing Lots of Record. An existing lot of record, legally established in accordance with ordinance requirements existing at the time of its creation, and being a separate, distinct tax parcel since September 13, 1979, is buildable subject to the standards identified in this Subdivision and additional requirements, exceptions, and modifications set forth in this chapter.
            a.   Side yard setback requirements may be reduced to 20% of the lot width, 10% to be located on each side of a structure, in such cases where the lot size is less than 75 feet. In no case shall the side yard setback be less than five feet from the property line.
            b.   In cases where the rear or side yard of a lot opens into an alley, the rear or side yard setback shall be equal to one-half the width of the platted alley.
            c.   The front yard setback requirements shall be observed on each street side of a corner lot; provided however, that the buildable width of a lot shall not be reduced to less than 30 feet.
            d.   The lot must have frontage on a public street.
            e.   In addition to all other applicable setback requirements, new accessory structures (except for fences) shall not be closer than six feet to any existing principal structure on any adjacent lot unless firewall installation or other mitigation measures are approved. In addition to all other applicable setback requirements, new principal structures, and new additions to principal structures shall not be closer than ten feet to any existing principal structure on any adjacent lot unless approved by the Building Official. The Building Official’s approval may require the submittal of plans showing a proposed firewall installation or other mitigation measures.
            f.   All performance standards and other lot and yard requirements of this chapter are met.
            g.   The proposed development shall be consistent with the character and quality of the immediate area and the objectives of the city’s Comprehensive Plan and zoning ordinance.
         5.   Two-Family/Townhome and Other Uses Lot Standards. The following minimum requirements shall be observed in the R-5 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
            a.   Setback between buildings within the same base lot shall maintain a minimum separation of 15 feet.
            b.   Two-family and townhomes shall not be located on lakeshore lots.
            c.   Provisions for adequate on-site storm water retention and/or compliance with the City Storm Water Management Plan shall be required.
            d.   The following open space standards shall be provided:
               i.   At least 25% of the total development area shall be preserved as open space. The open space standard may be modified for planned unit development (PUD) projects;
               ii.   Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space; and
               iii.   Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
            e.   Centralization and design of facilities and structures shall be done according to the following standards.
               i.   Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height.
               ii.   Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided.
               iii.   Accessory structures and facilities shall meet the required principal structure setback and shall be centralized.
            f.   Two-Family Townhome and Other Uses; Impervious Surface Standards.
               i.   New construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be permitted, provided the impervious surface coverage does not exceed 75% of the total lot, and provided the following stipulations are met.
                  (a)   All structures, additions, or expansions shall meet setback and other requirements of this chapter.
                  (b)   The lot shall be served by municipal sewer and water.
                  (c)   The lot shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer.
                  (d)   Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, and the like.
   Subd. 5.   Construction on Substandard Lots of Record.
         1.   Lots of record in the office of the County Recorder on or before October 29, 1985 that do not meet the requirements of subsection 1006.02, Subd. 3, may be allowed as building sites without variances from lot size requirements under the following provisions:
            a.   The use is permitted in the zoning district;
            b.   The lot was created compliant with official controls in effect at the time;
            c.   Sewage treatment and setback requirements of this chapter are met;
            d.   The lot has been in separate ownership from abutting lands on or before October 29, 1985;
            e.   All other dimensional requirements of this section shall be complied with. However, in the event a property owner cannot comply with other dimensional requirements of this section, because of the limited size of the lot, that property owner shall be required to obtain a variance where necessary to prevent hardship; and
            f.   If, in a group of two or more contiguous substandard lots under the same ownership, any individual lot does not meet the requirements of this subsection, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this subsection as much as possible.
   Subd. 6.   Subdivision of Single-Family Lots of Record Under Common Ownership. Riparian and non-riparian lots of record (platted prior to October 29, 1985) that are located in the Shoreland District and are under common ownership with an abutting parcel of property on or after July 20, 2002 (effective date of the ordinance from which this chapter was originally derived), may be further subdivided to create buildable lots provided the following standards are met:
         1.   All riparian lots must have a minimum of 75 feet of lot width at the front setback line;
         2.   All riparian (lakeshore) lots must contain at least 12,000 square feet of lot area above the ordinary high water mark of the public water;
         3.   All non-riparian lots must have a minimum of 50 feet of lot width at the front setback line;
         4.   All non-riparian lots must contain at least 10,000 square feet of lot area;
         5.   All lots must have an existing sewer and water stub to the property; and
         6.   Assessments for sewer and water shall be paid.

§ 1003.12 B-1, Community Business District.

   Subd. 1.   Purpose. The purpose of the B-1, Community Business District is to provide for the establishment of a district which is a blend of cultural, recreational, civic, entertainment, commercial retail, office uses, and to provide for a transition area from high and medium density residential to low intensity business allowing for the intermixing of such uses.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the B-1 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
Table 9
B-1, COMMUNITY BUSINESS DISTRICT*
Table 9
B-1, COMMUNITY BUSINESS DISTRICT*
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
PRINCIPAL STRUCTURE SETBACKS
 
Front
30 feet
Railroad right-of-way
10 feet
Rear
30 feet
Side
10 feet
Wetland setback and buffer
30 feet
ACCESSORY STRUCTURE SETBACKS
 
Front
Allowed by CUP
Rear
10 feet
Side
10 feet
PARKING SETBACKS
 
Front
10 feet
Rear
5 feet
Side
5 feet
Structure and parking setback adjacent to R District
20 feet
BUILDING HEIGHT
35 feet
ACCESSORY BUILDING HEIGHT
17 feet
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.13 B-2, General Business District.

   Subd. 1.   Purpose. The purpose of the B-2, General Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or sub-region.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the B-2 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
Table 10
B-2, GENERAL BUSINESS DISTRICT*
Table 10
B-2, GENERAL BUSINESS DISTRICT*
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
PRINCIPAL STRUCTURE SETBACKS
 
Front
30 feet
Railroad right-of-way
10 feet
Rear
30 feet
Side
10 feet
Wetland setback and buffer
30 feet
ACCESSORY STRUCTURE SETBACKS
 
Front
Allowed by CUP
Rear
10 feet
Side
10 feet
PARKING SETBACKS
 
Front
10 feet
Rear
5 feet
Side
5 feet
Structure and parking setback adjacent to R District
20 feet
BUILDING HEIGHT
35 feet
ACCESSORY BUILDING HEIGHT
17 feet
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.14 CI, Mixed Use Commercial Industrial District.

   Subd. 1.   Purpose. The purpose of the CI, Mixed Use Commercial Industrial District is to provide a zoning district where warehousing and light industrial development can thrive alongside compatible office and commercial uses.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the CI District subject to additional requirements, exceptions, and modifications set forth in this chapter.
Table 11
CI, MIXED USE COMMERCIAL INDUSTRIAL DISTRICT*
Table 11
CI, MIXED USE COMMERCIAL INDUSTRIAL DISTRICT*
Minimum lot area
40,000 square feet
Minimum lot width
150 feet
PRINCIPAL STRUCTURE SETBACKS
 
Front
40 feet
Railroad right-of-way
10 feet
Rear
30 feet
Side
20 feet
Wetland setback and buffer
30 feet
ACCESSORY STRUCTURE SETBACKS
 
Front
Allowed by CUP
Rear
10 feet
Side
10 feet
PARKING SETBACKS
 
Front
10 feet
Rear
5 feet
Side
5 feet
Structure and parking setback adjacent to R District
20 feet
BUILDING HEIGHT
35 feet
ACCESSORY BUILDING HEIGHT
17 feet
IMPERVIOUS SURFACE COVERAGE
85%
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.15 I-1, Industrial Park District.

   Subd. 1.   Purpose. The purpose of the I-1, Industrial Park District is to provide for the establishment of warehousing and light industrial development. The overall character of the I-1 District is intended to have an office/warehouse character, thus industrial uses allowed in this district are limited to those which can compatibly exist adjacent to both lower intensity business uses and high intensity manufacturing uses.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the I-1 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
Table 12
I-1, INDUSTRIAL PARK DISTRICT*
Table 12
I-1, INDUSTRIAL PARK DISTRICT*
Minimum lot area
40,000 square feet
Minimum lot width
150 feet
PRINCIPAL STRUCTURE SETBACKS
 
Front
40 feet
Railroad right-of-way
10 feet
Rear
20 feet
Side
20 feet
Wetland setback and buffer
30 feet
ACCESSORY STRUCTURE SETBACKS
 
Front
Allowed by CUP
Rear
10 feet
Side
10 feet
PARKING SETBACKS
 
Front
10 feet
Rear
5 feet
Side
5 feet
Structure and parking setback adjacent to R District
20 feet
BUILDING HEIGHT
35 feet
ACCESSORY BUILDING HEIGHT
15 feet
IMPERVIOUS SURFACE COVERAGE
85%
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.16 I-2, General Industrial District.

   Subd. 1.   Purpose. The purpose of the I-2, General Industrial District is to provide areas suitable for the location of general industrial activities, including manufacturing and other such activities which, because of the nature of the product or character of operation, require isolation from or special protections for non-industrial uses.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the I-2 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
Table 13
I-2, GENERAL INDUSTRIAL DISTRICT*
Table 13
I-2, GENERAL INDUSTRIAL DISTRICT*
Maximum building coverage
50%
Minimum lot area
40,000 square feet
Minimum lot width
100 feet
ACCESSORY STRUCTURE SETBACKS
 
Front
Allowed by CUP
Rear
10 feet
Side
10 feet
PARKING SETBACKS
 
Front
10 feet
Rear
5 feet
Side
5 feet
Structure and parking setback adjacent to R District
20 feet
PRINCIPAL STRUCTURE SETBACKS
 
Front
40 feet
Railroad right-of-way
10 feet
Rear
30 feet
Side
20 feet
Wetland setback and buffer
30 feet
BUILDING HEIGHT
35 feet
ACCESSORY BUILDING HEIGHT
17 feet
IMPERVIOUS SURFACE COVERAGE
85%
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.17 I-3, Innovative Industrial District.

   Subd. 1.   Purpose. The purpose of the I-3, Innovation Industrial District is to provide an affordable industrial space in the community for start-up businesses, home occupations that have outgrown their space, and other small businesses that are at a stage where they cannot yet afford a building constructed with first class materials.
   Subd. 2.   Uses. Uses allowed within the district are as described in subsection 1003.05.
   Subd. 3.   Uses Standards. Uses are subject to the applicable provisions of the performance standards in Section 1006 and the process requirements in Section 1002.
   Subd. 4.   Lot Area, Height, and Setback Requirements. The following minimum requirements shall be observed in the I-3 District subject to additional requirements, exceptions, and modifications set forth in this chapter.
Table 14
I-3, INNOVATIVE INDUSTRIAL DISTRICT*
Table 14
I-3, INNOVATIVE INDUSTRIAL DISTRICT*
Maximum building coverage
50%
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
ACCESSORY STRUCTURE SETBACKS
 
Front
Allowed by CUP
Rear
10 feet
Side
10 feet
PARKING SETBACKS
 
Front
10 feet
Rear
5 feet
Side
5 feet
Structure and parking setback adjacent to R District
20 feet
PRINCIPAL STRUCTURE SETBACKS
 
Front
30 feet
Railroad right-of-way
10 feet
Rear
20 feet
Side
15 feet
Wetland setback and buffer
30 feet
BUILDING HEIGHT
35 feet
ACCESSORY BUILDING HEIGHT
17 feet
IMPERVIOUS SURFACE COVERAGE
85%
Note to Table:
*   All uses located within the Shoreland Overlay District are subject to the standards in subsection 1004.03
 

§ 1003.18 PUD, Planned Unit Development.

   Subd. 1.   Purpose. The purpose of this subsection is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This subsection is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings, and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. Planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. The PUD process, by allowing flexibility from the strict provisions of this chapter related to setbacks, heights, lot area, width and depth, yards, and the like, either by rezoning to a PUD District or when located in a shoreland management overlay by a conditional use permit, is intended to encourage one or more of the following:
         1.   Provide a development pattern in harmony with the objectives of the Comprehensive Plan. The PUD process is not intended only as a means to vary applicable planning and zoning principles;
         2.   Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter;
         3.   Preserve and enhance desirable site characteristics such as natural topography, wetlands, woodlands, scenic views, natural habitat, and geologic features and prevent soil erosion;
         4.   Preserve and enhance open spaces to provide contiguous common open spaces for scenic enjoyment, recreational use, natural habitat protection, and community identity;
         5.   Provide for flexibility 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, and the like) that exceed the city’s standards to offset the effect of any deviations;
         6.   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;
         7.   Encourage innovations in development to the extent that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments;
         8.   Promote a desirable and creative environment that might be prevented through the strict application of zoning and subdivision regulations of the city;
         9.   Result in an efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments;
         10.   Ensure the establishment of appropriate transitions between differing land uses; and/or
         11.   Promote the creative use of the land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other.
   Subd. 2.   Benefit. The proposed PUD shall accomplish the purposes and the design criteria set forth herein and shall not simply be for the enhanced economic gain of the applicant. It shall be the applicant’s responsibility to demonstrate compliance with this requirement and provide specific written documentation addressing this matter as part of the PUD zoning application. Based on this documentation, the city shall determine that some benefit will be realized by the city if a PUD is permitted.
   Subd. 3.   Concept PUD Plan Procedure. The general processing steps for a PUD are intended to provide for an orderly development and progressions of the project with the greatest expenditure of developmental funds being made only after the city has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The process for filing a planned unit development (PUD) is outlined below.
         1.   Procedure. The concept PUD plan may be submitted and reviewed by the Planning Commission and by the City Council to obtain nonbinding comments on its merits before application and formal review of the development stage PUD plan. A concept PUD plan shall not be considered by the city simultaneously with the development stage PUD plan.
         2.   Pre-Application Conference. Prior to submitting a general concept PUD plan, the applicant for the proposed PUD shall arrange for and attend a conference with city staff. At such conference, the applicant shall be prepared to generally describe the proposal for a PUD. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys, and other data.
         3.   Concept PUD Plan. The applicant may submit a concept PUD plan of the project to the Zoning Administrator. The concept PUD plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development before incurring substantial cost. The following elements of the proposed concept PUD plan represent the immediately significant elements which the city shall review and provide comments on:
            a.   Overall maximum PUD density range;
            b.   General location of major streets and pedestrian ways;
            c.   General location and extent of public and common open space;
            d.   General location of residential and non-residential land uses with approximate type and intensities of development;
            e.   Staging and time schedule of development; and
            f.   Other special criteria for development.
         4.   Submittal Requirements. The following information shall be required to process a concept PUD plan: all information as required by the city’s concept PUD plan handout.
         5.   Concept PUD Plan Process. The review of concept PUD plans shall follow the procedure in subsection 1104.03.
   Subd. 4.   Development Stage PUD Plan. Each PUD shall require development stage PUD plan and final plan PUD approval. Information from the concept PUD plan may be included for background and to provide a basis for the submitted plan. The Planning Commission will base its recommendations to the City Council concerning approval of the development stage PUD plan based upon consistency of the development stage PUD plan and preliminary plat to the PUD criteria and feedback received on the concept PUD plan. The development stage plan will also serve as the basis upon which the final stage PUD plan (implementation of the PUD) will be evaluated.
         1.   Procedure. The first step in the development stage PUD shall be the application to a rezoning to a PUD, Planned Unit Development District, except in the Shoreland Overlay District shall be by conditional use permit.
         2.   Simultaneous Submission. The Zoning Administrator may authorize the applicant to simultaneously submit the rezoning, development stage PUD, and final plan PUD.
         3.   Development Stage PUD Plan Application Requirements. The applicant shall file with the Zoning Administrator a development stage PUD plan. The development stage PUD plan submittals shall include, but not be limited to: all information as required by the city’s development stage PUD plan handout.
         4.   Development Stage PUD Plan Review Process.
            a.   The Zoning Administrator shall review the application and provide copies for the review of city staff, consultants, and all other agencies responsible for review of the application.
            b.   The Planning Commission shall review the development stage PUD plan to consider the conformity of the plan to the Comprehensive Plan, with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept PUD plan and with respect to the compliance of the development stage pud plan with the provisions of this chapter and all other applicable federal, state, and local codes.
            c.   With the recommendation of the Planning Commission, the City Council may grant approval, return the plan to the Planning Commission for further consideration of specified items, or deny the development stage PUD plan setting forth its findings of fact and conditions in the form of a resolution.
            d.   The applicant shall incorporate all required conditions of approval into a plan set and narrative and shall submit copies of said development stage PUD plan and preliminary plat to the city to serve as the official review document for future phases of the PUD.
         5.   Development Stage PUD Plan Review Criteria. The evaluation of the proposed development stage plan shall include, but not be limited to, the following criteria.
            a.   Individual Rights. Adequate property control is provided to protect the individual owner’s rights and property values and the public responsibility for maintenance and upkeep.
            b.   Transportation Plan. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public.
            c.   Open Space. A sufficient amount of useable open space is provided.
            d.   Privacy and Property Values. The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.
            e.   Compatibility. The architectural design of the project is compatible with the surrounding area.
            f.   Drainage. The drainage and utility system plans are submitted to the City Engineer, and the final drainage and utility plans shall be subject to their approval.
            g.   Sound Development. The development schedule ensures a logical development of the site which will protect the public interest and conserve land.
            h.   Subdivision Ordinance. The development is in compliance with the requirements of the city subdivision ordinance.
            i.   District Requirements. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
         6.   Limitation on Development Stage PUD Plan Approval.
            a.   Unless a final plan PUD covering the area designated in the development stage PUD plan as the first stage of the PUD has been filed within one year from the date that the City Council grants development stage PUD plan approval, or in any case where the applicant fails to file a final plan PUD and to proceed with development in accordance with the provisions of this chapter and/or an approved development stage PUD plan, the approval shall expire.
            b.   The City Council may, at its discretion, extend the filing deadline for any final plan PUD when, for good cause shown, such extension is necessary. In any case where development stage PUD plan approval expires, the City Council may adopt a resolution repealing the development stage PUD plan approval for that portion of the PUD that has not received final plan PUD approval and re-establish the zoning and other ordinance provisions that would otherwise be applicable.
   Subd. 5.   Final Plan PUD. The applicant shall file with the Zoning Administrator a final plan PUD. The final plan PUD is intended only to add detail to, and to put in final form, the information contained in the concept PUD plan and the development stage PUD plan, and shall conform to the development stage PUD Plan in all respects. The final plan PUD shall serve as a complete and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other provisions of the City Code as the land use regulation applicable to the PUD.
         1.   Final Plan Submittal Requirements. The application submittals should depict and outline the proposed implementation of all or prescribed phases of the development stage PUD plan for the PUD. The final plan submittals shall include, but not be limited to: all information as required by the city’s final PUD plan handout.
         2.   Final Plan PUD Review Process.
            a.   The Zoning Administrator shall review the final plan PUD to consider the conformity of the plan with the development stage PUD plan and preliminary plat. The Zoning Administrator shall forward a recommendation to the City Council to approve, deny, or conditionally approve the final plan PUD.
            b.   The final action of the City Council to approve, deny, or conditionally approve the final plan shall be in the form of a resolution setting forth facts and findings and conditions of approval.
            c.   Denial of the final plan PUD shall be accompanied by written findings of fact of the City Council including supporting data setting forth the reasons for the denial in terms of the ways the proposed use fails to meet the standards and intent of the Comprehensive Plan, is not consistent with the approved development stage PUD plan, and/or is otherwise injurious to the public health, safety, and welfare.
            d.   Whenever an application for a final plan PUD has been considered and denied by the City Council, a similar application for PUD affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.
            e.   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 final plan PUD and final plat. Upon approval of the final plan PUD and final plat, all ordinances for rezoning shall be published to implement the PUD zone.
            f.   If in a Shoreland District, the CUP/PUD resolution and final plat findings of fact shall also be filed with the State Department of Natural Resources within ten days of city approval. Proof of recording with the county shall be provided prior to the issuance of building permits to the site.
            g.   The terms of the PUD as approved by the City Council shall be embodied in a PUD agreement/development contract and such other documents as the city shall deem necessary or desirable.
            h.   Within 90 days of its approval, the final plan, PUD agreement/development agreements, and all other pertinent documents shall be recorded with the County Recorder or Registrar of Deeds. Failure to record said final plan within 90 days of approval shall render the PUD null and void.
         3.   Limitation on Final Plan PUD Approval. Within one year after the approval of a final plan PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension granted by the City Council as hereinafter provided, shall automatically render void the PUD. All approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinance and other Code provisions applicable in the district in which it is located. In such case, the City Council shall adopt a resolution and ordinance repealing the PUD and PUD approvals and re-establish the zoning and other provisions that would otherwise be applicable to the site.
   Subd. 6.   PUD General Requirements.
         1.   Application. All permitted, accessory, conditional, or interim uses and uses by administrative permit contained in subsections 1003.05 through 1003.17 of this chapter which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within a PUD District.
         2.   Comprehensive Plan Consistency. The proposed PUD shall be consistent with the Comprehensive Plan.
         3.   Common Open Space. Common open space at least sufficient to meet the minimum requirements established by this chapter and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD.
         4.   Reductions. Reductions of the underlying zoning district regulations may be approved by the City Council as part of the overall approval of the PUD if the following conditions are satisfied.
            a.   The reductions bear a demonstrable relationship to, and are consistent with, the goals and policies of the Comprehensive Plan.
            b.   The reductions result in eliminating the adverse impact and effect of such uses by utilizing screening, landscaping, superior site and building design, and other features related to planning, design, and construction.
            c.   Any reduction of ordinance requirements approved as part of a PUD shall be approved only upon a showing that the reduction does not adversely affect the surrounding properties because the PUD plan has provided screening, buffering, fencing, walls, or other site improvements which have eliminated the adverse effects of the reduction. Such reductions shall be approved as part of the overall PUD approval, and any reduction granted shall be written into the PUD development agreement.
   Subd. 7.   Density Bonus. As a benefit of a PUD’s planned and integrated character, the number of dwelling units allowed within the respective base zoning district may be increased based upon a finding by the City Council that such an increase is consistent with the goals of the Comprehensive Plan and that the PUD provides for the stated objectives of this subsection. The building, parking, and similar requires for these extra units shall be observed in compliance with this chapter.
   Subd. 8.   Major and Minor Changes to an Approved Development Stage PUD Plan.
         1.   A proposed minor change to an approved development stage PUD plan shall require a public hearing and shall be incorporated into the application for final PUD plan approval, and any notification regarding such final plan PUD approval shall describe the proposed minor change(s). A “minor change” means any departure from the conditions of development stage PUD plan approval which is not a “major change” and includes, but is not limited to, the following:
            a.   Revisions to number of dwelling units in a structure;
            b.   Revisions to number of non-residential structures;
            c.   Revisions to heights of structures;
            d.   Revisions to location of internal roads; and
            e.   Revisions similar in nature to those above as determined by the city.
         2.   A proposed major change to an approved development stage PUD plan shall require reapplication for development stage PUD plan approval and any notification regarding such development stage PUD plan approval shall describe the proposed major change or changes. A major change is any departure from the conditions of development stage PUD plan approval which would result in any of the following:
            a.   Revisions to the approved design concept;
            b.   Revisions to the approved use(s);
            c.   An increase in the number of residential dwelling units;
            d.   An increase in the square footage of non-residential structures;
            e.   A decrease in the amount of landscaping, site perimeter buffering, and open space; and
            f.   An increase in traffic volumes or change in circulation patterns which impacts surrounding development.
   Subd. 9.   Major and Minor Changes to an Approved Final Plan PUD.
         1.   The Zoning Administrator is authorized to allow adjustments in accordance with item 2 below. The Zoning Administrator shall allow only such adjustments as are consistent with guidelines established in item 2 below, and in no case shall an adjustment be allowed if it will increase the total amount of floor space authorized in the approved final plan PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site.
         2.   For the purposes of this subsection, “adjustments” means any departure from the conditions of final plan PUD approval which complies with the following criteria:
            a.   The adjustment maintains the design intent and quality of the original approval;
            b.   The amount of landscaping, buffering, and open space shall not be reduced;
            c.   The number of dwelling units in residential developments and the square footage of structures shall not increase;
            d.   The density of the development shall not change;
            e.   The adjustment shall not relocate a building, street, or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback;
            f.   The height of buildings and other structures shall not increase;
            g.   Views from both structures on-site and off-site shall not be substantially reduced;
            h.   Traffic volumes shall not increase and circulation patterns shall not change;
            i.   Changes in color, plant material, and parking lot configurations are minor;
            j.   The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents; and
            k.   The Zoning Administrator determines that the change will not increase any adverse impacts or undesirable effects of the project or that the change in no way significantly alters the project.
   Subd. 10.   Records. The Zoning Administrator shall maintain a record of all PUDs approved by the city, including information on a project’s allowed uses, all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate.
Table 15
PUD Name
Resolution/Ordinance
Date of Approval
Table 15
PUD Name
Resolution/Ordinance
Date of Approval
Berndt Ponds Estates Third
Res. No. 2006-26
2-22-2006
Big Lake Car Condos
Res. No. 2019-94 \ Ord. No. 2019-17
12-11-2019
Big Lake Car Condos Second Addition
Res. No. 2021-20
3-24-2021
Big Lake Center
Res. No. 2006-65
5-10-2006
Big Lake Lumber
Res. No. 2003-19 \ Ord. No. 2003-02
2-19-2003
Big Lake Marketplace Professional Center
Res. No. 2006-36
3-8-2006
Big Lake Marketplace Third Addition
Ord. No. 2019-17
12-11-2019
Big Lake Station Senior
Res. No. 2022-82
10-26-2022
Big Lake Townhomes
Res. No. 2011-12
1-26-2011
Big Lake Townhomes Second Addition
Ord. No. 2019-10
6-12-2019
Big Lake Townhomes Third Addition
Res. No. 2019-41
6-12-2019
Big Lake Town Square
Res. No. 2006-49
4-12-2006
Res. No. 2004-116
10-13-2004
Big Lake Wastewater Treatment Facility
Res. No. 2020-40 \ Ord. No. 2020-10
4-22-2020
Cherrywood of Big Lake
Res. No. 2011-52
7-13-2011
Commerce Park
Res. No. 2008-86
9-24-2008
The Crossing Phase 2
Res. No. 2018-115 \ Ord. No. 2019-10
12-12-2018 \ 6-12-2019
Habitat First Addition
Res. No. 2001-37
5-23-2001
Harrisons Cove
Res. No. 2004-76
6-23-2004
Lake Shopping Center Second Addition
Res. No. 2006-130
11-8-2006
Lake Street Cottages
Res. No. 2002-34
7-10-2002
Lake Street Cottages Second Addition
Res. No. 2006-08
1-11-2006
Marketplace Crossing
Res. No. 2022-38 \ Ord. No. 2022-06
4-27-2022
McDowall Oaks Fourth Addition
Res. No. 2001-67
10-10-2001
The Meadows of Big Lake
Res. No. 2003-61
7-23-2003
Mitch K. Farms
Res. No. 2003-59
7-23-2003
Norland Park
Res. No. 2016-24
3-23-2016
Norland Park Fifth Addition
Res. No. 2018-38
5-9-2018
Northstar Commuter Rail Project
Res. No. 2007-52
5-23-2007
Northern Star Apartments
Res. No. 2011-94 \ Ord. No. 2011-08
12-14-2011
Res. No. 2016-80
9-28-2016
Oak Glen
Res. No. 2006-29
2-22-2006
Options, Inc.
Res. No. 2016-97
11-9-2016
Prairie Meadows
Res. No. 2003-39
6-11-2003
Prairie Meadows Second Addition
Res. No. 2007-119
11-24-2007
Prairie Meadows Third Addition
Res. No. 2022-36 \ Ord. No. 2022-05
4-27-2022
Prairie Rose
Res. No. 2022-61
7-27-2022
Sandhill Villas
Res. No. 2020-48 \ Ord. No. 2020-12
5-27-2020
School View Square
Res. No. 2009-49
6-10-2009
Station Street Apartments
Res. No. 2020-15 \ Ord. No. 2020-03
2-26-2020
Sweetwater Bend
Res. No. 2005-118
8-10-2005
Wrights Crossing Third Addition
Res. No. 2003-123
12-10-2003
Res. No. 2019-47
7-24-2019
Res. No. 2021-10
1-27-2021
 
(Ord. 2023-07, passed 6-14-2023)