Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. The city council, planning commission or property owner, may, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or the council or commission may find that the use is not compatible for development within the city.

(Zoning Ord., § 1.09)

The purpose of the urban reserve district (U-R) is to preserve areas where urban public utilities are not presently available. These lands are to be retained in a natural state or in agricultural uses pending the proper timing for the economical provision of sewer and water, streets, parks, storm drainage and other public utilities and services so that orderly development can occur. The city may consider rezoning and subdivision of urban reserve lands to residential and nonresidential urban-type uses indicated in the comprehensive plan within two years of the scheduled date of extension or provision of the required public facilities and services. For undeveloped parcels within the urban service area designated by the comprehensive plan, the purpose of the U-R 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.

(Zoning Ord., § 55.01)

The following are permitted uses in a U-R district:

(1)

Agriculture, nurseries, greenhouses for growing only, landscape gardening and tree farms, including sale of products only grown on premises, but not including feedlots.

(2)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(3)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(4)

Those uses made permitted uses by Minn. Stats. § 462.357, subd. 9.

(5)

Single-family detached dwellings.

(Zoning Ord., § 55.02)

The following are permitted accessory uses in a U-R district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Day care facilities serving 12 or fewer persons in a single-family detached dwelling.

(5)

Fences as regulated by article VIII of this chapter.

(6)

Home occupations and home offices as regulated by article XI of this chapter.

(7)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(8)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(9)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(10)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(11)

Signs as regulated by article XII of this chapter.

(12)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(13)

Roof-mounted solar energy systems.

(Zoning Ord., § 55.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in a U-R district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Bed and breakfast in accordance with section 117-1467.

(2)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(3)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(4)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type of facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(5)

Living quarters which are provided as an accessory use to a principal use in section 117-378 or to a conditional use in this division, provided that:

a.

The living quarters shall not be used as rental property.

b.

A maximum of one such dwelling shall be allowed.

c.

There shall be a demonstrated and documented need for such a facility (i.e., caretaker, security, etc.).

(6)

Parks and recreational areas owned or operated by public bodies other than the city.

(7)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(8)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(9)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs or other allowed uses.

(10)

Retail commercial activities and personal services in permitted nonresidential facilities, provided that:

a.

Merchandise is sold at retail.

b.

Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a C-1 zoning district.

c.

The retail activity and personal services are located within a structure whose principal use is not commercial sales.

d.

The retail activity and personal services shall not occupy more than 15 percent of the gross floor area of the building.

e.

The retail activity and personal services are not located within a structure whose principal use is residential.

f.

No directly or indirectly illuminated sign, or sign in excess of ten square feet identifying the name of the business shall be visible from the outside of the building.

g.

No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building.

(11)

Stables and riding academies.

(12)

Planned unit development as regulated by division 20 of this article.

(Zoning Ord., § 55.04)

Subject to applicable provisions of this division, the following are interim uses in the U-R district and are further governed by division 7 of article II of this chapter.

(1)

Dog kennels as a secondary use.

(2)

Landfilling and land excavation/grading operations, including mining as regulated by article XVIII of this chapter.

(3)

Residential shelters as regulated by section 117-1468.

(4)

Single satellite dish TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 55.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in a U-R district by administrative permit as may be issued by the zoning administrator:

(1)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(2)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(3)

Personal wireless service antennas located upon a public structure or existing tower as regulated by article XVI of this chapter.

(4)

Temporary structures as regulated by article XV of this chapter.

(5)

Transient merchants, including but not limited to produce.

(Zoning Ord., § 55.06)

The following minimum requirements shall be observed in a U-R district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 55.07; Ord. No. 04-2007, § 1, 10-1-2007)

The purpose of the R-1, residential, single-family—urban district is to preserve and maintain existing single-family neighborhoods first platted within the community while also allowing for directly related, complementary uses. A full range of public services and facilities shall be available to R-1 areas.

(Zoning Ord., § 60.0)

The following are permitted uses in an R-1 district:

(1)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(2)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(3)

Those uses made permitted uses by Minn. Stats. § 462.357, subd. 9.

(4)

Single-family detached dwellings.

(Zoning Ord., § 60.02)

The following are permitted accessory uses in an R-1 district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Day care facilities serving 12 or fewer persons within a single-family detached dwelling.

(5)

Fences as regulated by article VIII of this chapter.

(6)

Home occupations and home offices as regulated by article XI of this chapter.

(7)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(8)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(9)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(10)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(11)

Signs as regulated by article XII of this chapter.

(12)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(13)

Roof-mounted solar energy systems.

(Zoning Ord., § 60.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-1 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Bed and breakfast in accordance with section 117-1467.

(2)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(3)

Day care facilities as a principal or an accessory use.

(4)

Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools.

(5)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(6)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(7)

Parks and recreational areas owned or operated by public bodies other than the city.

(8)

Personal wireless service antennas not located on a public structure or existing tower as regulated by article XVI of this chapter.

(9)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(10)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs, schools, and places of worship.

(11)

Religious institutions such as churches, chapels, temples, synagogues or mosques limited to worship and directly related social events.

(12)

Social services or other activities which are not directly worship related as an accessory use within a religious institutional building.

(13)

Planned unit development as regulated by division 18 of this article.

(Zoning Ord., § 60.04)

Subject to applicable provisions of this division, the following are interim uses in an R-1 district and are further governed by division 7 of article II of this chapter.

(1)

Residential shelters as regulated by section 117-1468 of this chapter.

(2)

Single satellite dish TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 60.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-1 district by administrative permit as may be issued by the zoning administrator:

(1)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(2)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(3)

Temporary model homes as regulated by article XIV of this chapter.

(4)

Personal wireless service antennas not located on a public structure or existing tower as regulated by article XVI of this chapter.

(5)

Temporary real estate offices as regulated by article XIV of this chapter.

(6)

Temporary structures as regulated by article XV of this chapter.

(Zoning Ord., § 60.06)

The following minimum requirements shall be observed in an R-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 60.07; Ord. No. 04-2007, § 2, 10-1-2007)

The purpose of the r-2,residential, single-family—low-density urban district is to preserve and maintain existing single-family neighborhoods that developed with larger lot sizes than in the city's original platted areas and directly related, complementary uses. The R-2 district also provides opportunities for smaller single-family homes on smaller lots and directly related, complementary uses. This makes possible the development of more affordable single-family homes and homes that address the needs of an aging population in a more compact development pattern that makes more efficient use of the city's land supply and investment in public utilities. A full range of public services and facilities shall be available to R-2 areas.

(Zoning Ord., § 61.01)

The following are permitted uses in an R-2 district:

(1)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(2)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(3)

Those uses made permitted uses by Minn. Stats. § 462.357, subd. 9.

(4)

Single-family detached dwellings.

(Zoning Ord., § 61.02)

The following are permitted accessory uses in an R-2 district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Day care facilities serving 12 or fewer persons in a single-family dwelling.

(5)

Fences as regulated by article VIII of this chapter.

(6)

Home occupations and home offices as regulated by article XI of this chapter.

(7)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(8)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(9)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(10)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(11)

Signs as regulated by article XII of this chapter.

(12)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(13)

Roof-mounted solar energy systems.

(Zoning Ord., § 61.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-2 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Bed and breakfast in accordance with section 117-1467.

(2)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(3)

Day care facilities as a principal or an accessory use.

(4)

Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools.

(5)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(6)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(7)

Parks and recreational areas owned or operated by public bodies other than the city.

(8)

Personal wireless service antennas not located on a public structure, or existing tower as regulated by article XVI of this chapter.

(9)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(10)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs, schools, and places of worship.

(11)

Religious institutions such as churches, chapels, temples, synagogues or mosques limited to worship and directly related social events.

(12)

Social services or other activities which are not directly worship related as an accessory use within a religious institutional building.

(13)

Planned unit development as regulated by division 18 of this article.

(Zoning Ord., § 61.04)

Subject to applicable provisions of this division, the following are interim uses in an R-2 district and are further governed division 7 of article II of this chapter.

(1)

Carports encroaching into required yards, provided that:

a.

The lot in question is below current district minimums and no option exists for placing such structure on the site.

b.

The structure is intended for the use and benefit of physically disabled individuals who occupy the residence located on the site in question.

(2)

Residential shelters as regulated by section 117-1468 of this chapter.

(3)

Single satellite dish TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 61.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-2 district by administrative permit as may be issued by the zoning administrator:

(1)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(2)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(3)

Temporary model homes as regulated by article XIV of this chapter.

(4)

Personal wireless service antennas located upon a public structure or existing tower, as regulated by article XVI of this chapter.

(5)

Temporary real estate offices as regulated by article XIV of this chapter.

(6)

Temporary structures as regulated by of article XV of this chapter.

(Zoning Ord., § 61.06)

The following minimum requirements shall be observed in an R-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 61.07; Ord. No. 04-2007, § 3, 10-1-2007)

The purpose of the R-3, residential, single-family—suburban district is to provide for new single-family neighborhoods with a lot size that is larger than the city's traditional single-family lot as well as directly related, complementary uses. The lower density is more compatible with contemporary residential development and will allow the city to better protect and preserve its natural resources such as wetlands and woodlands. A full range of public services and facilities shall be available to R-3 areas.

(Zoning Ord., § 62.01)

The following are permitted uses in an R-3 district:

(1)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(2)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(3)

Residential care facility serving six or fewer persons in a single-family detached dwelling. Those uses made permitted uses by Minn. Stats. § 462.357, subd. 9.

(4)

Single-family detached dwellings.

(Zoning Ord., § 62.02)

The following are permitted accessory uses in an R-3 district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Day care facilities serving 12 or fewer persons within a single-family detached dwelling.

(5)

Fences as regulated by article VIII of this chapter.

(6)

Home occupations and home offices as regulated by article XI of this chapter.

(7)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(8)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(9)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(10)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(11)

Signs as regulated by article XII of this chapter.

(12)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(13)

Roof-mounted solar energy systems.

(Zoning Ord., § 62.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-3 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(2)

Day care facilities as a principal or an accessory use.

(3)

Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools.

(4)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(5)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(6)

Parks and recreational areas owned or operated by public bodies other than the city.

(7)

Personal wireless service antennas located upon a public structure or existing tower, as regulated by article XVI of this chapter.

(8)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(9)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs, schools, and places of worship.

(10)

Religious institutions such as churches, chapels, temples, synagogues or mosques limited to worship and directly related social events.

(11)

Social services or other activities which are not directly worship related as an accessory use within a religious institutional building.

(12)

Planned unit development as regulated by division 18 of this article.

(Zoning Ord., § 62.04)

Subject to applicable provisions of this division, the following are interim uses in an R-3 district and are further governed by division 7 of article II of this chapter.

(1)

Residential shelters as regulated by section 117-1468 of this chapter.

(2)

Single satellite dish TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 62.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-3 district by administrative permit as may be issued by the zoning administrator:

(1)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(2)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(3)

Temporary model homes as regulated by article XIV of this chapter.

(4)

Personal wireless service antennas located upon a public structure or existing tower, as regulated by article XVI of this chapter.

(5)

Temporary real estate offices as regulated by article XIV of this chapter.

(6)

Temporary structures as regulated by article XV of this chapter.

(Zoning Ord., § 62.06)

The following minimum requirements shall be observed in an R-3 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 62.07; Ord. No. 04-2007, § 4, 10-1-2007)

The purpose of the R-4, residential, low-density attached dwelling district is to expand life cycle housing options in the city by allowing for a variety of detached and attached dwelling unit types, as well as directly related complementary uses. Lot sizes are intended to reflect the city's objective of promoting efficient use of land and public utilities. A full range of public services and facilities shall be available to R-4 areas.

(Zoning Ord., § 64.01)

The following are permitted uses in an R-4 district:

(1)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(2)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(3)

Those uses made permitted uses by Minn. Stats. § 462.357, subds. 9 and 10.

(4)

Single-family dwellings.

(5)

Two-family dwellings.

(6)

Townhouses and manor homes.

(Zoning Ord., § 64.02)

The following are permitted accessory uses in an R-4 district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Day care facilities serving 12 or fewer persons within a single-family dwelling.

(5)

Fences as regulated by article VIII of this chapter.

(6)

Home occupations and home offices as regulated by article XI of this chapter.

(7)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(8)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(9)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(10)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(11)

Signs as regulated by article XII of this chapter.

(12)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(13)

Roof-mounted solar energy systems.

(Zoning Ord., § 64.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-4 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(2)

Day care facilities as a principal or an accessory use.

(3)

Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools.

(4)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(5)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(6)

Parks and recreational areas owned or operated by public bodies other than the city.

(7)

Personal wireless service antennas located upon a public structure or existing tower, as regulated by article XVI of this chapter.

(8)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(9)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs, schools, and places of worship.

(10)

Religious institutions such as churches, chapels, temples, synagogues or mosques limited to worship and directly related social events.

(11)

Residential care facilities serving more than 16 persons in accordance with section 117-1468.

(12)

Social services or other activities which are not directly worship related as an accessory use within a religious institutional building.

(13)

Planned unit development as regulated by division 18 of this article.

(Zoning Ord., § 64.04)

Subject to applicable provisions of this division, the following are interim uses in an R-4 district and are further governed by division 7 of article II of this chapter.

(1)

Residential shelters as regulated by section 117-1468 of this chapter.

(2)

Single satellite dish TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 64.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-4 district by administrative permit as may be issued by the zoning administrator:

(1)

Antennas located upon a public structure or existing tower, as regulated by article XVI of this chapter.

(2)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(3)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(4)

Temporary model homes as regulated by article XIV of this chapter.

(5)

Temporary real estate offices as regulated by article XIV of this chapter.

(6)

Temporary structures as regulated by article XV.

(Zoning Ord., § 64.06)

The following minimum requirements shall be observed in an R-4 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

^(c) Applies to base lot only.

(Zoning Ord., § 64.07; Ord. No. 04-2007, § 5, 10-1-2007)

The purpose of the R-5, residential, medium-density attached dwelling district is to expand life cycle housing options in the city by allowing for a variety of attached dwelling unit types as well as directly related complementary uses. Lot sizes are intended to reflect the city's objective of promoting efficient use of land and public utilities. A full range of public services and facilities shall be available to R-5 areas.

(Zoning Ord., § 65.01)

The following are permitted uses in an R-5 district:

(1)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(2)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(3)

Those uses made permitted uses by Minn. Stats. § 462.357, subds. 9 and 10.

(4)

Two-family dwellings.

(5)

Townhouses and manor homes.

(6)

Multiple-family dwellings with 12 or fewer units.

(Zoning Ord., § 65.02)

The following are permitted accessory uses in an R-5 district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Fences as regulated by article VIII of this chapter.

(5)

Home occupations and home offices as regulated by article XI of this chapter.

(6)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(7)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(8)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(9)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(10)

Signs as regulated by article XII of this chapter.

(11)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(12)

Roof-mounted solar energy systems.

(Zoning Ord., § 65.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-5 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(2)

Day care facilities as a principal or an accessory use.

(3)

Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools.

(4)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(5)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(6)

Parks and recreational areas owned or operated by public bodies other than the city.

(7)

Personal wireless service antennas not located on a public structure, or existing tower as regulated by article XVI of this chapter.

(8)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(9)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs, schools, and places of worship.

(10)

Religious institutions such as churches, chapels, temples, synagogues or mosques limited to worship and directly related social events.

(11)

Residential care facilities serving more than 16 persons in accordance with section 117-1468.

(12)

Social services or other activities which are not directly worship related as an accessory use within a religious institutional building.

(13)

Planned unit development as regulated by division 18 of this article.

(Zoning Ord., § 65.04)

Subject to applicable provisions of this division, the following are interim uses in an R-5 district and are further governed by division 7 of article II of this chapter.

(1)

Residential shelters as regulated by sectin 117-1468.

(2)

Single satellite dish TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 65.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-5 district by administrative permit as may be issued by the zoning administrator:

(1)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(2)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(3)

Temporary model homes as regulated by article XIV of this chapter.

(4)

Personal wireless service antennas not located on a public structure, or existing tower as regulated by article XVI of this chapter.

(5)

Temporary real estate offices as regulated by article XIV of this chapter.

(6)

Temporary structures as regulated by article XV.

(Zoning Ord., § 65.06)

The following minimum requirements shall be observed in an R-5 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

^(c) Applies to base lot only.

(Zoning Ord., § 65.07; Ord. No. 04-2007, § 6, 10-1-2007)

The purpose of the R-6, residential, high-density district is to expand life cycle housing options in the city by allowing for high-density dwellings, as well as directly related complementary uses. Lot sizes are intended to reflect the city's objective of promoting efficient use of land and public utilities. A full range of public services and facilities shall be available to R-6 areas.

(Zoning Ord., § 66.01)

The following are permitted uses in an R-6 district:

(1)

Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(2)

Parks, trails, playgrounds, and directly related buildings and structures; city only.

(3)

Those uses made permitted uses by Minn. Stats. § 462.357, subds. 9 and 10.

(4)

Two-family dwellings.

(5)

Townhouses and manor homes.

(6)

Multiple-family dwellings.

(Zoning Ord., § 66.02)

The following are permitted accessory uses in an R-6 district:

(1)

Accessory uses incidental and customary to the uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Administrative offices, meeting rooms, classroom, and food preparation and service areas in private and public recreational facilities, the uses of which are incidental and directly related to the primary use.

(3)

Boarding or renting of rooms to not more than two individuals per dwelling unit.

(4)

Fences as regulated by article VIII of this chapter.

(5)

Home occupations and home offices as regulated by article XI of this chapter.

(6)

Private garages and off-street parking and off-street loading as regulated by article IX of this chapter.

(7)

Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(8)

Recreational vehicles and equipment parking and storage as regulated by section 117-1037.

(9)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(10)

Signs as regulated by article XII of this chapter.

(11)

Tool houses, sheds and other such structures for the storage of domestic supplies and equipment.

(12)

Roof-mounted solar energy systems.

(Zoning Ord., § 66.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-6 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is public or semi-public.

c.

The use meets the minimum setback requirements for principal structures.

(2)

Day care facilities as a principal or an accessory use.

(3)

Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools.

(4)

Elderly housing.

(5)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(6)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities and uses, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(7)

Parks and recreational areas owned or operated by public bodies other than the city.

(8)

Personal wireless service antennas not located on a public structure, or existing tower as regulated by article XVI of this chapter.

(9)

Recreational fields (outdoor) including golf courses, swimming pools, and similar facilities, and directly related buildings and structures.

(10)

Recreational structures and buildings (private), including those for golf, tennis and swimming, located on the premises of clubs, schools, and places of worship.

(11)

Religious institutions such as churches, chapels, temples, synagogues or mosques limited to worship and directly related social events.

(12)

Residential care facilities serving more than 16 persons in accordance with 117-1468.

(13)

Social services or other activities which are not directly worship related as an accessory use within a religious institutional building.

(14)

Planned unit development as regulated by division 18 of this article.

(Zoning Ord., § 66.04)

Subject to applicable provisions of this section division, the following are interim uses in an R-6 district and are further governed by division 7 of article II of this chapter.

(1)

Residential shelters as regulated by section 117-1468.

(2)

Single satellite TVROs greater than one meter in diameter as regulated by article XVI of this chapter.

(Zoning Ord., § 66.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-6 district by administrative permit as may be issued by the zoning administrator:

(1)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(2)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(3)

Temporary model homes as regulated by article XIV of this chapter.

(4)

Personal wireless service antennas not located on a public structure, or existing tower as regulated by article XVI of this chapter.

(5)

Temporary real estate offices as regulated by article XIV of this chapter.

(6)

Temporary structures as regulated by article XV.

(Zoning Ord. § 66.06)

The following minimum requirements shall be observed in an R-6 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

^(c) Applies to base lot only.

(Zoning Ord., § 66.07; Ord. No. 04-2007, § 7, 10-1-2007)

The purpose of an R-MH, manufactured housing park district is to provide a separate district for single-family dwellings located within manufactured home parks, distinct from other residential areas.

(Zoning Ord., § 67.01)

The following uses are permitted uses in an R-MH district: all permitted uses as allowed within the R-3 zoning district.

(Zoning Ord., § 67.02)

The following are permitted accessory uses allowed in the R-MH district:

(1)

Single-family uses: all permitted accessory uses as allowed within the R-3 zoning district.

(2)

Manufactured home parks (as may be regulated by this division): all permitted accessory uses allowed within the R-3 district, except:

a.

Boarding or renting of rooms to not more than two individuals per dwelling unit.

b.

Special home occupations as regulated by article XI of this chapter.

(3)

Roof-mounted solar energy systems.

(Zoning Ord., § 67.03; Ord. No. 2023-05, § II, 8-14-2023)

The following are conditional uses allowed in an R-MH district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

All conditional uses as allowed within the R-3 district.

(2)

Manufactured home parks.

(Zoning Ord., § 67.04)

Subject to applicable provisions of this chapter, the following are interim uses in an R-MH district and are governed by division 7 of article II of this chapter: all interim uses as allowed within the R-3 district.

(Zoning Ord., § 67.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an R-MH district by administrative permit as may be issued by the zoning administrator: all uses by administrative permit as allowed within the R-3 district.

(Zoning Ord., § 67.06)

In addition to the conditional use permit requirements outlined in divisions 4 and 9 of article II of this chapter, a site plan containing the additional information must be submitted for manufactured home parks:

(1)

Plans for any and all structures (i.e., central community building, storm shelter).

(2)

Detailed description of maintenance procedures and grounds supervision for common areas.

(3)

Provide details on development phasing if applicable.

(4)

A copy of the guidelines and rules proposed by the manufactured home park operator regulating the building type and construction of building additions, accessory buildings, decks and similar type construction.

(5)

Such other information as required or implied by these manufactured home park standards or requested by public officials.

(Zoning Ord., § 67.07)

(a)

Lot requirements and setbacks. Single-family uses are as follow: Lot requirements and setbacks shall be as specified in the R-3 zoning district.

(b)

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)

Recreational camping. No portion of a manufactured home park shall be used as a recreational camping area.

(3)

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

(4)

Building permit. All structures (fences, storage, decks, etc.) shall require a building permit from the building official. Fences shall be prohibited on individual manufactured home lots.

(5)

Access to area under home. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection.

(6)

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.

(7)

Emergency storm protections. Manufactured home parks established prior to July 1, 1993, shall comply with emergency storm protections as required by state statutes. A new manufactured home park established after July 1, 1993, shall have storm shelters in compliance with state statutes. Additionally, all emergency storm protection measures shall be subject to the approval of the city council.

(8)

Lot setbacks. Individual manufactured home lot setbacks shall be as follows:

a.

In manufactured home parks created after July 1, 2000, no manufactured home shall be located closer than ten feet to a side or rear lot line.

b.

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.

c.

No manufactured home shall be located closer than 30 feet from the periphery lot line of the manufactured home park.

(9)

Permitted encroachments.

a.

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.

b.

An eave or overhang may encroach up to one foot into a front, side and rear setback.

(10)

Building height requirements. No structure shall exceed one story or 25 feet whichever is least.

(11)

Utilities.

a.

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

b.

All installations for disposal of surface stormwater must be approved by the city.

c.

All utility connections shall be as approved by the city.

d.

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

e.

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

f.

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

g.

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

h.

The manufactured home park owner shall pay any required sewer and water connection fees to the city.

i.

The manufactured home park owner shall pay inspection and testing fees for utility service to the city.

(12)

Storage. Exterior storage on individual manufactured home lots shall comply with the provisions of section 117-1037, except not more than one recreational vehicle may be allowed on a lot.

(13)

Accessory buildings.

a.

Limit: Accessory buildings including garages shall be limited to one per manufactured home lot. Maximum allowable floor area shall not exceed six percent of the lot size in manufactured home parks where lot size is delineated by site plan or lot markers. Floor area shall not exceed 80 square feet in manufactured home parks where lot size is not delineated.

b.

Maximum building height: 15 feet.

c.

Location: The manufactured home park site plan shall designate the locations proposed for the development of garages and/or accessory buildings on each manufactured home 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 created after July 1, 2000, accessory buildings shall be located at least six feet from any other building or structure on the same lot and at least ten feet from a structure on an adjacent lot. On corner lots, accessory buildings shall be located at least 20 feet from a side street surface. Accessory buildings in excess of 12 feet in width must be placed on a lot at least 65 feet in width.

4.

In manufactured home parks and on manufactured home park lots established after July 1, 2000, all accessory buildings located on individual manufactured home unit lots shall be owned, constructed, and maintained by the manufactured home park owner. In said parks, all accessory structures shall be established as part of a predetermined site plan and subject to the approval of the city council.

d.

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. The term "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.

(c)

Design requirements for manufactured home parks created after July 1, 2000.

(1)

Park size. The minimum area required for a manufactured home park designation shall be five acres.

(2)

Lot size. Individual manufactured home lot approved after July 1, 2000, shall conform to the following requirements:

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 planned unit development (PUD-CUP) as regulated by division 18 of this article.

d.

Each manufactured home lot shall have frontage on an approved roadway and the corner of each manufactured home lot shall be marked and each lot shall be numbered.

(3)

Parking.

a.

Each manufactured home site shall have off-street parking space for two passenger vehicles.

b.

All parking spaces shall be hard-surfaced according to specifications established by the city.

(4)

Internal roads and streets.

a.

All streets shall be private streets and shall be developed with a roadbed of not less than 32 feet in width and shall meet city design specifications. A reduction in the street width requirement may be allowed by planned unit developments as regulated by division 18 of this article provided sufficient off-street guest parking spaces are constructed and maintained at the owner/operator's expense.

b.

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

(5)

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

(6)

Landscaping.

a.

Each manufactured home lot shall be provided with two trees. The size and type of trees must meet the requirements of article VIII of this chapter.

b.

A landscape screen meeting the requirements of article VIII of this chapter shall be installed and maintained around each manufactured home park.

c.

All areas shall be landscaped in accordance with a landscaping plan approved by the city council.

(7)

Lighting.

a.

Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like.

b.

The manufactured home park grounds shall be lighted as approved by the city from sunset to sunrise.

(Zoning Ord., § 67.08)

(a)

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.

(b)

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 with a completed copy of the Manufactured Home Safety Disclosure Form required by Minn. Stats. § 327C.07, subd. 3a.

(c)

Permits. Prior to a manufactured home being moved onto a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking to state code 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.

(d)

Upgrading. Prior to locating a manufactured home housing unit constructed prior to July 1, 2000, 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.

(Zoning Ord., § 67.09)

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, potholes, and break-ups. Snow shall be promptly plowed and removed from streets and adjacent mail boxes and fire hydrants so that snow or snow piles 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. The term "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 has formed.

(Zoning Ord., § 67.10)

The purpose of the ROT, residential/office transition district is to provide for an orderly and progressive transition in land use from business to residential development and to provide for the harmonious intermixing of such activities. A full range of public services and facilities shall be available in ROT areas.

(Zoning Ord., § 70.0)

The following are permitted uses in an ROT district:

(1)

Banks, savings and loans, credit unions and other financial institutions, not including drive-up tellers.

(2)

Commercial and professional offices.

(3)

Dwelling, elderly (senior citizen).

(4)

Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(5)

Funeral homes and mortuaries.

(6)

Medical, dental and chiropractic offices and clinics.

(7)

Private clubs and lodges.

(8)

Residential care facilities such as nursing homes, assisted living facilities and similar group housing, but not including hospitals, sanitariums or similar institutions.

(Zoning Ord., § 70.02)

The following are permitted accessory uses in an ROT district:

(1)

Accessory uses incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this division.

(2)

Fences as regulated by article VIII of this chapter.

(3)

Off-street parking and off-street loading as regulated by article IX of this chapter, but not including semi-trailer trucks.

(4)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(5)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 70.03)

The following are conditional uses allowed in an ROT district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Retail commercial activities limited to those listed as permitted or permitted accessory uses within a C-1 zoning district, which are not provided for in sections 117-653 and 117-654.

(2)

Banks with drive-up tellers.

(3)

Building in excess of height limitations specified in the area requirements and construction limits section of this district, provided that:

a.

For each additional five feet in roof height as calculated by the state building code, which is above the maximum building height allowed by the area requirements and construction limits section of this district, front and side yard setback requirements shall be increased by one foot.

b.

The construction does not limit solar access to abutting and/or neighboring properties.

(4)

Convenience grocery markets with prepared food and/or motor fuel sales. Grocery, food operations, and/or convenience motor fuel (no vehicle service or repair), provided that:

a.

Convenience/deli food is of the takeout type only and that no provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted to such activity, use and merchandise shall not exceed 15 percent of the gross floor area.

b.

The storage, preparation and serving of food items are subject to the approval of the zoning administrator who shall provide specific written sanitary requirements based upon the applicable state and county regulations.

c.

The approximate area and location of space devoted to nonautomotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be allowed by administrative permit.

d.

The off-street loading spaces and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

e.

The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., unless extended by the council as part of the conditional use permit.

f.

Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

g.

A protective canopy located over pump islands may be an accessory structure on the property and may be located 20 feet or more from the front lot line, provided adequate visibility both on and off site is maintained.

h.

Litter control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

(5)

Day care facilities as a principal or accessory use provided that:

(6)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(7)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(8)

Extended stay hotels without restaurants, provided that:

a.

More than 50 percent of the rooms shall have cooking facilities.

b.

Accessory restaurants, reception halls, cocktail lounges, and conference centers shall be prohibited.

c.

All signage shall be compatible with surrounding residential and business uses.

(9)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(10)

Special event and catering restaurants, provided that:

a.

No drive-through window service shall be provided.

b.

The storage, preparation, and serving of food items are subject to the approval of the zoning administrator who shall provide specific written sanitary requirements based upon applicable state and county regulations.

c.

The use will not conflict with existing or potential neighboring uses.

d.

The use will not adversely impact the existing level of service on streets and intersections.

(11)

Two-family dwellings, townhouses, manor homes, and apartment dwellings, including all usual and customary accessory uses, provided that the use conforms to all performance standards required by the R-5 district for such uses.

(12)

Planned unit development as regulated by division 18 of this article.

(13)

Roof-mounted solar energy systems.

(Zoning Ord., § 70.04; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions of this division, the following are interim uses in the ROT district and are further governed by division 7 of article II of this chapter: residential shelters as regulated by section 117-1468.

(Zoning Ord., § 70.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an ROT district by administrative permit as may be issued by the zoning administrator:

(1)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(2)

Model homes, as regulated by article XIV of this chapter.

(3)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(4)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(5)

Temporary mobile towers for personal wireless service antennas as regulated by article XVI of this chapter.

(6)

Temporary structures as regulated by article XV of this chapter.

(Zoning Ord., § 70.06)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

The following minimum requirements shall be observed in an ROT district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

^(c) Applies to base lot only.

(Zoning Ord., § 70.07; Ord. No. 04-2007, § 8, 10-1-2007)

The purpose of the C-1, highway commercial district is to provide for the establishment of areas specifically devoted to a full range of motor vehicle-oriented or dependent retail or service activities.

(Zoning Ord., § 75.01)

The following are permitted uses in a C-1 district:

(1)

Amusement centers.

(2)

Auto accessory stores (not including service).

(3)

Banks, savings and loan, credit unions, and other financial institutional with or without including drive-up tellers.

(4)

Barbershops.

(5)

Beauty parlors.

(6)

Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.

(7)

Commercial recreation indoor, e.g., sport and health clubs, bowling alley, roller rinks, etc.

(8)

Convenience grocery markets (not supermarket type and without motor fuel facilities and delicatessen food service).

(9)

Copy services, but not including printing press or newspaper.

(10)

Dry cleaning pick-up and laundry pick-up stations including incidental repair and assembly but not including processing.

(11)

Essential services not including structures, except those requiring administrative permits on conditional use permits pursuant to article XIII of this chapter.

(12)

Funeral homes and mortuaries.

(13)

Laundromats, self-service washing and drying.

(14)

Liquor, on-sale and off-sale.

(15)

Locksmiths.

(16)

Motels, motor hotels and hotels.

(17)

Offices, commercial and professional.

(18)

Prepared food: delivery and/or takeout only (not including convenience restaurants with drive-through facilities).

(19)

Private clubs or lodges serving food and beverages.

(20)

Reception halls.

(21)

Restaurant, delivery or takeout.

(22)

Restaurants not of the drive-in, convenience or drive-through type.

(23)

Sexually oriented businesses—accessory.

(24)

Shoe repair.

(25)

Tailoring services.

(26)

Tanning salons.

(27)

Therapeutic massage.

(28)

Food shelf.

(Zoning Ord., § 75.02; Ord. No. 2021-11, 9-13-2021)

The following are permitted accessory uses in a C-1 district:

(1)

Accessory uses incidental and customary to uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Commercial or business buildings and structures for a use accessory to the principal use, but such structure shall not exceed 30 percent of the gross floorspace of the principal use.

(3)

Fences as regulated by article VIII of this chapter.

(4)

Off-street parking and off-street loading as regulated by article IX of this chapter, but not including semi-trailer trucks.

(5)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(6)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 75.03)

The following are conditional uses in a C-1 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Convenience grocery markets with prepared food and/or motor fuel sales. Grocery, food operations, and/or convenience motor fuel (no vehicle service or repair), provided that:

a.

Convenience/deli food is of the takeout type only and that no provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted to such activity, use and merchandise shall not exceed 15 percent of the gross floor area.

b.

The storage, preparation and serving of food items are subject to the approval of the zoning administrator who shall provide specific written sanitary requirements based upon the applicable state and county regulations.

c.

The approximate area and location of space devoted to nonautomotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be allowed by administrative permit.

d.

The off-street loading spaces and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

e.

The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., unless extended by the council as part of the conditional use permit.

f.

Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

g.

A protective canopy located over pump islands may be an accessory structure on the property and may be located 20 feet or more from the front lot line, provided adequate visibility both on and off site is maintained.

h.

Litter control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

(2)

Day care facilities as a principal or accessory use.

(3)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(4)

Essential service structures as defined by article XIII of this chapter necessary for the health, safety and general welfare of the city, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(5)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(6)

Trade or vocational schools.

(7)

Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this division, provided that:

a.

Such use is allowed as a permitted use in a commercial district.

b.

Such use does not constitute more than 30 percent of the lot area and not more than 50 percent of the gross floor area of the principal use.

(8)

Buildings in excess of height limitations specified in section 117-696, provided that:

a.

For each additional five feet in roof height, as calculated according to the state building code, which is above the maximum building height allowed by section 117-1065, front and side yard setback requirements shall be increased by one foot.

b.

The construction does not limit solar access to abutting and/or neighboring properties.

(9)

Commercial carwashes (drive-through, mechanical and self-service as a principal or accessory use), provided that:

a.

Magazining or stacking space is constructed to accommodate an appropriate number of vehicles and shall be subject to the approval of the city council.

b.

The entire area shall have a drainage system which is subject to the approval of the city and gives special consideration to the prevention of ice buildup during winter months.

(10)

Drive-in and/or convenience food establishments, provided that:

a.

The storage, preparation and service of food items are subject to the approval of the zoning administrator, who shall provide specific written sanitary requirements based upon applicable state and county requirements.

b.

Litter control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

c.

These facilities shall be located only on sites having direct access to a minor arterial street, collector or service road.

d.

The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.

e.

Alcoholic beverages shall not be sold or served.

f.

Drive-through service windows may be allowed subject to the performance standards stipulated in article VII of this chapter.

(11)

Entertainment, live, in association with a restaurant.

(12)

Motor vehicle fuel sales (excluding convenience grocery market with such facilities), truck stop, minor auto repair, tire and battery store and services, and transmission service, provided that:

a.

Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this division for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.

b.

Motor fuel facilities shall be installed in accordance with state and county standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

c.

Whenever fuel pumps are to be installed, pump islands shall be installed. Pump islands and their related parking and maneuvering aisles shall be located no closer to the street or adjacent property lines than this chapter allows for parking spaces, provided that such location does not encroach upon street right-of-way, pedestrian areas, or adjacent property.

d.

A protective canopy located over pump islands may be an accessory structure on the property and may be located 20 feet or more from the front lot line, provided adequate visibility both on and off site is maintained.

e.

There shall be no outdoor service operation of lubrication equipment, hydraulic lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.

f.

No outside storage, sales, or rental shall be allowed except as special allowed by separate administrative use permit.

g.

Sale of products other than those specifically mentioned in this subsection shall be limited to those allowed in this district and shall be subject to approval as part of the conditional use permit.

(13)

Outside storage as a principal or accessory use, provided that:

a.

The storage area does not take up parking space or loading space as required for conformity to this chapter.

b.

The storage area is surfaced with bituminous or concrete material.

c.

Compliance with section 17-1037.

(14)

Open or outdoor service, sale and rental as a principal or accessory use, provided that:

a.

The use does not take up parking space or loading areas as required for conformity to this chapter.

b.

Additional parking, pursuant to article IX of this chapter, is provided for said space.

(15)

Planned unit development as regulated by division 18 of this article.

(16)

Roof-mounted solar energy systems.

(Zoning Ord., § 75.04; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions, the following are interim uses in the C-1 district and are governed by division 7 of article II of this chapter: landfilling and land excavation/grading operations except mining, as regulated by article XVIII of this chapter.

(Zoning Ord., § 75.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in a C-1 district by administrative permit as may be issued by the zoning administrator:

(1)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(2)

Landfilling and land excavation/grading operations, except mining, as regulated byarticle XVIII of this chapter.

(3)

Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use, provided that:

a.

The area so occupied shall not exceed ten percent of the principal building.

b.

No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.

c.

The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by article IX of this chapter, except as may be exempted for cause by the zoning administrator.

(4)

Other uses of the same general character as those listed as a permitted use in this district.

(5)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(6)

Temporary mobile towers for personal wireless service antennas as regulated by article XVI of this chapter.

(7)

Temporary structures as regulated by article XV.

(8)

Transient merchants including, but not limited to, produce.

(Zoning Ord., § 75.06)

The following minimum requirements shall be observed in a C-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 75.07; Ord. No. 04-2007, § 9, 10-1-2007)

The purpose of the C-2, community commercial district is to provide for the establishment of areas devoted to high-intensity retailing and service activities with a citywide and multicommunity consumer market.

(Zoning Ord., § 76.01)

The following are permitted uses in a C-2 district:

(1)

Antique shops, including incidental restoration.

(2)

Appliance and electronic stores, including incidental repair and assembly but not fabricating or manufacturing.

(3)

Boat, marine, snowmobile sales, enclosed.

(4)

Books, office supplies and equipment, or stationery stores and sales.

(5)

Building supply sales within the principal structure.

(6)

Cabinet and furniture sales and manufacturing stores.

(7)

Carpet, rugs and tile retail sales.

(8)

Coin and philatelic stores.

(9)

Clothes, rental and sales.

(10)

Department, discount, and warehouse stores.

(11)

Dry cleaning, including plant and accessory, pressing and repairing.

(12)

Fabric and notions sales and stores.

(13)

Furniture stores.

(14)

Furriers, when conducted only for retail trade on premises.

(15)

Garden supply stores.

(16)

Grocery, superstores.

(17)

Hardware stores.

(18)

Jewelry stores.

(19)

Leather goods and luggage stores.

(20)

Music (instruments, equipment, tapes, compact disks, etc.) shops and sales.

(21)

Offices, professional and medical.

(22)

Pawn shops.

(23)

Restaurants, cafes, coffee shops, not including convenience restaurant uses.

(24)

Sexually oriented uses—accessory.

(25)

Sewing machine sales and service.

(26)

Theaters, not of the outdoor drive-in type.

(27)

Toy stores.

(28)

Variety stores and stores of similar nature.

(29)

Food shelf.

(Zoning Ord., § 76.02; Ord. No. 2021-11, 9-13-2021)

The following are permitted accessory uses in a C-2 district:

(1)

Accessory uses incidental and customary to uses allowed as permitted, conditional, interim, and administrative permit in this division.

(2)

Commercial or business buildings and structures for a use accessory to the principal use, but such structure shall not exceed 30 percent of the gross floor space of the principal use.

(3)

Fences as regulated by article VIII of this chapter.

(4)

Off-street parking and off-street loading as regulated by article IX of this chapter, but not including semi-trailer trucks.

(5)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(6)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 76.03)

The following are conditional uses in a C-2 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Convenience grocery markets with prepared food and/or motor fuel sales. Grocery, food operations, and/or convenience motor fuel (no vehicle service or repair), provided that:

a.

Convenience/deli food is of the takeout type only and that no provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted to such activity, use and merchandise shall not exceed 15 percent of the gross floor area.

b.

The storage, preparation and serving of food items are subject to the approval of the zoning administrator who shall provide specific written sanitary requirements based upon the applicable state and county regulations.

c.

The approximate area and location of space devoted to nonautomotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be allowed by administrative permit.

d.

The off-street loading spaces and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.

e.

The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., unless extended by the council as part of the conditional use permit.

f.

Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

g.

A protective canopy located over pump islands may be an accessory structure on the property and may be located 20 feet or more from the front lot line, provided adequate visibility both on and off site is maintained.

h.

Litter control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

(2)

Day care facilities as a principal or accessory use.

(3)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(4)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(5)

Manufacturing and showrooms which require direct contact with public (i.e., cabinet shop, painting, etc.).

(6)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(7)

Trade or vocational schools.

(8)

Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this division, provided that:

a.

Such use is allowed as a permitted use in a commercial district.

b.

Such use does not constitute more than 30 percent of the lot area and not more than 50 percent of the gross floor area of the principal use.

(9)

Buildings in excess of height limitations specified in section 117-727, provided that:

a.

For each additional five feet in roof height, as calculated according to the state building code, which is above the maximum building height allowed by section 117-1065 and side yard setback requirements shall be increased by one foot.

b.

The construction does not limit solar access to abutting and/or neighboring properties.

(10)

Commercial carwashes (drive-through, mechanical and self-service as a principal or accessory use) provided that:

a.

Magazining or stacking space is constructed to accommodate an appropriate number of vehicles and shall be subject to the approval of the city council.

b.

The entire area shall have a drainage system which is subject to the approval of the city and gives special consideration to the prevention of ice buildup during winter months.

(11)

Drive-in and/or convenience food establishments, provided that:

a.

The storage, preparation and service of food items are subject to the approval of the zoning administrator, who shall provide specific written sanitary requirements based upon applicable state and county requirements.

b.

Litter control. The operation shall be responsible for litter control within 300 feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.

c.

These facilities shall be located only on sites having direct access to a minor arterial street, collector or service road.

d.

The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.

e.

Alcoholic beverages shall not be sold or served.

f.

Drive-through service windows may be allowed subject to the performance standards stipulated in article VII of this chapter.

(12)

Entertainment, live, in association with a restaurant.

(13)

Motor vehicle fuel sales (excluding convenience grocery market with such facilities), truck stop, minor auto repair, tire and battery store and services, and transmission service,provided that:

a.

Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this division for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.

b.

Motor fuel facilities shall be installed in accordance with state and county standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

c.

Whenever fuel pumps are to be installed, pump islands shall be installed. Pump islands and their related parking and maneuvering aisles shall be located no closer to the street or adjacent property lines than this chapter allows for parking spaces, provided that such location does not encroach upon street right-of-way, pedestrian areas, or adjacent property.

d.

A protective canopy located over pump islands may be an accessory structure on the property and may be located 20 feet or more from the front lot line, provided adequate visibility both on and off site is maintained.

e.

There shall be no outdoor service operation of lubrication equipment, hydraulic lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.

f.

No outside storage, sales, or rental shall be allowed except as specially allowed by separate administrative use permit.

g.

Sale of products other than those specifically mentioned in this subsection shall be limited to those allowed in this district and shall be subject to approval as part of the conditional use permit.

(14)

Outside storage as a principal or accessory use, provided that:

a.

The storage area does not take up parking space or loading space as required for conformity to this chapter.

b.

The storage area is surfaced with bituminous or concrete material.

c.

Compliance with section 117-1037.

(15)

Open or outdoor service, sale and rental as a principal or accessory use, provided that:

a.

The use does not take up parking space or loading areas as required for conformity to this chapter.

b.

Additional parking, pursuant to article IX of this chapter, is provided for said space.

(16)

Planned unit development as regulated by division 18 of this article.

(17)

Motorized vehicle (car and truck) and farm and construction equipment sales, service, and repair.

(18)

Roof-mounted solar energy systems.

(Zoning Ord., § 76.04; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions of this division, the following are interim uses in the C-2 district and are governed by division 7 of article II of this chapter: none.

(Zoning Ord., § 76.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in a C-2 district by administrative permit as may be issued by the zoning administrator:

(1)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(2)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(3)

Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use, provided that:

a.

The area so occupied shall not exceed ten percent of the principal building.

b.

No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.

c.

The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by article IX of this chapter, except as may be exempted for cause by the zoning administrator.

(4)

Other uses of the same general character as those listed as a permitted use in this district.

(5)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(6)

Temporary mobile towers for personal wireless service antennas as regulated by article XVI of this chapter.

(7)

Temporary structures as regulated by article XV of this chapter.

(8)

Transient merchants including, but not limited to, produce.

(Zoning Ord., § 76.06)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

The following minimum requirements shall be observed in a C-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 76.07; Ord. No. 04-2007, § 10, 10-1-2007)

The purpose of the C-3, Old Town commercial district is to provide opportunities to preserve and enhance the city's existing Old Town as a blend of residential, cultural, recreational, civic, entertainment, commercial retail, and office uses as defined and guided by the comprehensive plan.

(Zoning Ord., § 77.01)

The following are permitted uses within the C-3 district:

(1)

Antique shops.

(2)

Art galleries.

(3)

Bakery goods and baking of goods for retail sales on the premises.

(4)

Barbershops and beauty parlors.

(5)

Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.

(6)

Coin and philatelic stores.

(7)

Delicatessen/coffee house.

(8)

Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(9)

Florist shops.

(10)

Funeral homes and mortuaries.

(11)

Medical, dental, and chiropractic offices and clinics.

(12)

Offices, commercial and professional.

(13)

Residential dwellings developed as a principal use shall satisfy the performance standards of the R-1 district.

(14)

Sexually oriented businesses—accessory.

(15)

Studios—artist, music, photo, decorating, dance, etc.

(16)

Theater, live performance.

(Zoning Ord., § 77.02)

The following are permitted accessory uses within the C-3 district:

(1)

Accessory uses incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this division.

(2)

Fences as regulated by article VIII of this chapter.

(3)

Off-street parking and off-street loading as regulated by article IX of this chapter, but not including semi-trailer trucks.

(4)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(5)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 77.03)

The following are conditional uses in a C-3 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Bed and breakfast use as regulated by 117-1467 of this chapter.

(2)

Buildings in excess of height limitations as specified in section 117-759, provided that the construction does not limit solar access to abutting and/or neighboring properties.

(3)

Essential services requiring a conditional use permit pursuant to article XVIII of this chapter.

(4)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public work type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(5)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(6)

Religious institutions and related social events, provided that:

a.

The space utilized for such activities is shared with a use allowed within this district or occupies no more than 20 percent of a multitenant shopping center.

b.

Activities shall be limited to worship services and directly related social events.

(7)

Day care nursery facilities as a principal or accessory use.

(8)

Residential dwellings as an accessory use, provided that:

a.

Commercial and residential uses within a single structure are segregated and each use has a separate exterior entrance.

b.

Accessory residential apartments shall be limited to the second floor of commercial buildings.

(9)

Planned unit development as regulated by division 18 of this article.

(10)

Roof-mounted solar energy systems.

(Zoning Ord., § 77.04; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions of this chapter, the following are interim uses in the C-3 district and are governed by division 7 of article II of this chapter:. none.

(Zoning Ord., § 77.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in a C-3 district by administrative permit as may be issued by the zoning administrator:

(1)

Essential services requiring a permit from the city engineer as provided by article XVIII of this chapter.

(2)

Other uses of the same general character as those listed as a permitted use in this district and the respective subdistrict.

(3)

Personal wireless service antennas not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(4)

Temporary mobile towers for personal wireless service antennas, as regulated by article XVI of this chapter.

(5)

Temporary structures as regulated by article XV.

(Zoning Ord., § 77.06)

The following minimum requirements shall be observed in C-3 district, subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—See appropriate text.

^(b) Maximum may be exceeded when abutting principal or intermediate arterials.

(Zoning Ord., § 77.07)

The purpose of the C-4, general commercial district is to provide for a continuation of business, service, and retail activities within developed areas of the community which, due to the pattern of development, cannot be adequately addressed by the other commercial districts established by this chapter.

(Zoning Ord., § 78.01)

The following are permitted uses in a C-4 district: all permitted uses allowed within a C-1 and C-2 district.

(Zoning Ord., § 78.02)

The following are permitted accessory uses in a C-4 district: all permitted accessory uses allowed within a C-1 and C-2 district.

(Zoning Ord., § 78.03)

The following are conditional uses in a C-4 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

All conditional uses allowed within a C-1 and C-2 district.

(2)

Small animal clinic or small animal hospital including shortterm boarding of pets resulting from medical procedures or treatment (excluding common pet boarding), provided that:

a.

Practice is limited to the treatment of small animals (household pets, i.e., dogs, cats, birds, which are ordinarily permitted in the house and kept for company or pleasure).

b.

All aspects of the facility are totally contained (including kennel runs) within a sound-controlled building.

c.

A ventilation or exhaust system is installed to control or remove emissions or odors generated by such use. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building and/or external to the facility.

d.

All animal shortterm boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort, or welfare of the public. Animals being exercised shall at all times be on a leash and animal waste shall be immediately disposed of in proper fashion.

e.

All animal facilities comply with the state Pet and Companion Animal Welfare Act (Minn. Stats. § 346.35 et seq.).

(3)

Roof-mounted solar energy systems.

(Zoning Ord., § 78.04; Ord. No. 01-2007, § 2, 3-5-2007; Ord. No. 2023-05, § III, 8-14-2023)

Subject to the applicable provisions of this division, the following are interim uses in the C-4 district and are governed by division 7 of article II of this chapter: all interim uses allowed within a C-1 and C-2 district.

(Zoning Ord., § 78.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in a C-4 district by administrative permit as may be issued by the zoning administrator: all uses allowed by administrative permit within a C-1 and C-2 district.

(Zoning Ord., § 78.06)

The following minimum requirements shall be observed in a C-4 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 78.07; Ord. No. 04-2007, § 11, 10-1-2007)

The purpose of the I-1, light industrial 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 a low-impact manufacturing/warehouse character. Industrial uses allowed in this district shall be limited to those which can compatibly exist adjacent to both lower intensity business uses and high intensity manufacturing uses and which have limited amounts of truck traffic in comparison to higher-intensity industrial districts. Because I-1 areas may abut residential neighborhoods, I-1 uses are regulated in height, lot coverage, setbacks, landscaping, loading and use type, so as to facilitate compatibility between these uses and residential development.

(Zoning Ord., § 85.01)

The following are permitted uses within an I-1 district:

(1)

Manufacturing or assembly of a wide variety of products that produce no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or create other objectionable impacts on the environment. Examples of such uses are:

a.

Fabrication or assembly of small products such as optical, electronic, pharmaceutical, and medical supplies and equipment.

b.

Printing and publishing.

(2)

Automobile repair, major.

(3)

Contractor operations.

(4)

Essential services and structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(5)

Governmental and public utility (essential service) buildings and structures, including public works type of facilities.

(6)

Laboratories.

(7)

Machine shops.

(8)

Ministorage.

(9)

Offices related to other permitted uses (limited to 50 percent of the principal structure).

(10)

Radio and television stations.

(11)

Sexually oriented businesses, principal and accessory.

(12)

Trade schools.

(13)

Warehousing and indoor storage excluding explosives and hazardous waste.

(14)

Wholesale showrooms.

(15)

Food shelf.

(Zoning Ord., § 85.02; Ord. No. 2021-11, 9-13-2021)

The following are permitted accessory uses within an I-1 district:

(1)

Accessory uses incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this division.

(2)

Fences as regulated by article VIII of this chapter.

(3)

Off-street parking and off-street loading as regulated by article IX of this chapter, including semi-trailer trucks.

(4)

Secondary and accessory use antennas as regulated by article XVI of this chapter.

(5)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 85.03)

The following are conditional uses in an I-1 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this division, provided that:

a.

Such use is allowed as a permitted use in a business district.

b.

Such use does not constitute more than 25 percent of the gross floor area of the principal building.

(2)

Buildings in excess of height limitations as specified in section 117-831, provided that:

a.

For each additional five feet in roof height as calculated by the state building code, which is above the maximum building height allowed by section 117-831, front and side yard setback requirements shall be increased by one foot.

b.

The construction does not limit solar access to abutting and/or neighboring properties.

(3)

Commercial and professional offices within the principal structure in excess of that which is allowed in this district or as a freestanding principal use.

(4)

Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by article XVI of this chapter.

(5)

Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters in diameter, as regulated by article XVI of this chapter.

(6)

Commercial recreation, indoor.

(7)

Day care facilities, as an accessory use.

(8)

Essential services and structures requiring a conditional use permit pursuant to article XIII of this chapter.

(9)

Minor automobile repair; servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses, provided that:

a.

All servicing of vehicles and equipment shall occur entirely within the principal structure.

b.

To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.

c.

Storage and use of all flammable materials, including liquids and rags, shall conform to applicable provisions of the state uniform fire code.

d.

Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.

e.

The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.

f.

The sale of products other than those specifically mentioned in this division shall be subject to a separate conditional use permit.

(10)

Outside storage as a principal or accessory use, provided that:

a.

Storage area is blacktop or concrete surfaced.

b.

The storage area does not take up parking space or loading space as required for conformity to this chapter.

c.

All requirements of section 117-1037 are met.

d.

The outside storage is screened from view of adjacent residential properties and the public right-of-way in accordance with article VIII of this chapter.

(11)

Open or outdoor service, sale and rental as a principal or accessory uses, provided that:

a.

The use does not take up parking space as required for conformity to this chapter.

b.

The sales area is hard-surfaced to control dust.

(12)

Planned unit development as regulated by division 18 of this article.

(13)

Small animal clinic or small animal hospital including shortterm boarding of pets resulting from medical procedures or treatment (excluding common pet boarding), provided that:

a.

Practice is limited to the treatment of small animals (household pets, i.e., dogs, cats, birds, which are ordinarily permitted in the house and kept for company or pleasure),

b.

All aspects of the facility are totally contained (including kennel runs) within a sound-controlled building.

c.

A ventilation or exhaust system is installed to control or remove emissions or odors generated by such use. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building and/or external to the facility.

d.

All animal shortterm boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort, or welfare of the public. Animals being exercised shall at all times be on a leash and animal waste shall be immediately disposed of in proper fashion.

e.

All animal facilities comply with the state Pet and Companion Animal Welfare Act (Minn. Stats. § 346.35 et seq.).

(14)

Roof-mounted solar energy systems.

(Zoning Ord., § 85.04; Ord. No. 01-2007, § 3, 3-5-2007; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions, the following are interim uses in the I-1 district and are governed by division 7 of article II of this chapter: none.

(Zoning Ord., § 85.05)

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an I-1 district by administrative permit as may be issued by the zoning administrator:

(1)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(2)

Personal wireless service including necessary equipment building and towers, as regulated by article XVI of this chapter.

(3)

Temporary mobile towers for personal wireless service antennas as regulated by article XVI of this chapter.

(Zoning Ord., § 85.06)

The following minimum requirements shall be observed in an I-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 85.07; Ord. No. 04-2007, § 12, 10-1-2007)

The purpose of the I-2, general industrial district is to provide for the establishment of warehousing and industrial development and large volume truck oriented uses.

(Zoning Ord., § 86.01)

The following are permitted uses within an I-2, district:

(1)

All uses as allowed in an I-1 district.

(2)

Bakery, wholesale.

(3)

Distribution centers.

(4)

Food processing.

(5)

Truck terminals.

(6)

Other: appliance assembly and warehousing, machine shops, freight terminals and classification yards, concrete products plants, building materials production, and apparel manufacturing, and/or similar uses.

(Zoning Ord., § 86.02)

The following are permitted accessory uses within an I-2 district:

(1)

Accessory uses incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this division.

(2)

Fences as regulated by article VIII of this chapter.

(3)

Off-street parking and off-street loading as regulated by article IX of this chapter, including semi-trailer trucks.

(4)

Secondary and accessory use as regulated by article XVI of this chapter.

(5)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 86.03)

The following are conditional uses in an I-2 district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128:

(1)

Roof-mounted solar energy systems.

(Zoning Ord., § 86.04; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions of this chapter, the following are interim uses in the I-2 district and are governed by division 7 of article II of this chapter: none.

(Zoning Ord., § 86.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in an I-2 district by administrative permit as may be issued by the zoning administrator: all uses as allowed in an I-1 district.

(Zoning Ord., § 86.06)

The following minimum requirements shall be observed in an I-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:

^(a) Special requirements for environmental overlay districts—see appropriate text.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 86.07; Ord. No. 04-2007, § 13, 10-1-2007)

The P/I, public/institutional district is intended to provide a specific zoning district for facilities devoted to serving the public and specialized government activities, and semi-public uses. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a nonprofit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located on or in proximity to an arterial street.

(Zoning Ord., § 90.01)

Subject to applicable provisions of this chapter, the following are permitted uses in the P/I district:

(1)

Day care facilities.

(2)

Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to article XIII of this chapter.

(3)

Nursing homes, residential care facilities, and similar group housing, but not including hospitals, sanitariums, or similar institutions.

(4)

Parks, playgrounds, trails, athletic and recreational fields and related buildings.

(5)

Preschool, elementary, junior or senior high schools having a regular course of study accredited by the state.

(6)

Private clubs and lodges.

(7)

Publicly owned civic or cultural buildings, such as libraries, city offices, fire stations, auditoriums, public administration buildings and historical developments.

(8)

Radio and television receiving antennas including single satellite dish TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated by article XVI of this chapter.

(9)

Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and related social events.

(10)

Trade schools.

(11)

Food shelf.

(Zoning Ord., § 90.02; Ord. No. 2021-11, 9-13-2021)

Subject to applicable provisions of this chapter, the following are permitted accessory uses in the P/I district:

(1)

Accessory uses customarily incidental to the uses permitted in sections 117-889, 117-891 and 117-892.

(2)

Buildings and structures for a use accessory to the principal use, but such structure shall not exceed 30 percent of the gross floor space of the principal use.

(3)

Fences as regulated by article VIII of this chapter.

(4)

Off-street parking and loading areas as regulated by article IX of this chapter.

(5)

Signs as regulated by article XII of this chapter.

(Zoning Ord., § 90.03)

Subject to applicable provisions of this chapter, the following are conditional uses in a P/I district and require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Automobile parking lots as a principal use provided that the use and design is in conformance with article IX of this chapter.

(2)

Buildings in excess of height limitations as specified in section 117-894, provided that:

a.

For each additional five feet in roof height as calculated by the state building code, which is above the maximum building height allowed by section 117-894, front and side yard setback requirements shall be increased by one foot.

b.

The construction does not limit solar access to abutting and/or neighboring properties.

(3)

Cemeteries or memorial gardens, provided that:

a.

The site is landscaped in accordance with article VIII of this chapter.

b.

The use is available to the public.

c.

The use meets the minimum setback requirements for principal structures.

(4)

Colleges, seminaries, and other institutions of higher education.

(5)

Community centers.

(6)

Day care, social services or other nondirectly related worship type activities as an accessory use within a religious institutional building.

(7)

Essential services requiring a conditional use permit pursuant to article XIII of this chapter.

(8)

Essential service structures as defined by section 117-1 necessary for the health, safety and general welfare of the city, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.

(9)

Hospitals, sanitariums or similar institutions, provided that:

a.

Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with article VIII of this chapter.

b.

All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(10)

Living quarters which are provided as an accessory use to a principal use in section 117-889 or to a conditional use in this division, provided that:

a.

The living quarters shall not be used as rental property.

b.

A maximum of one such dwelling shall be allowed.

c.

There shall be a demonstrated and documented need for such a facility (i.e., caretaker, security, etc.).

(11)

Medical, dental and chiropractic offices and clinics, commercial and professional offices, funeral homes and mortuaries.

(12)

Other uses of the same general character as those listed in sections 117-889 and 117-894.

(13)

Outdoor recreational areas including golf courses, swimming pools, and similar facilities.

(14)

Personal wireless service not located on a public structure or existing tower, as regulated by article XVI of this chapter.

(15)

Reduction in lot area requirements.

(16)

Retail commercial activities and personal services, provided that:

a.

Merchandise is sold at retail.

b.

Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a C-2 zoning district.

c.

The retail activity and personal services are located within a structure whose principal use is not commercial sales.

d.

The retail activity and personal services shall not occupy more than 15 percent of the gross floor area of the building.

e.

The retail activity and personal services are not located within a structure whose principal use is residential.

f.

No directly or indirectly illuminated sign or sign in excess of ten square feet identifying the name of the business shall be visible from the outside of the building.

g.

No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building.

(17)

Planned unit development as regulated by division 18 of this article.

(18)

Roof-mounted solar energy systems.

(Zoning Ord., § 90.04; Ord. No. 2023-05, § III, 8-14-2023)

Subject to applicable provisions of this chapter, the following are interim uses in the P/I district and are governed by division 7 of article II of this chapter:

(1)

Residential shelters as regulated by section 117-1468 of this chapter.

(2)

Temporary classroom structures for use by public or private school.

(Zoning Ord., § 90.05)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Subject to applicable provisions of this division, performance standards established by this chapter, and processing requirements of division 6 of article II of this chapter, the following are uses allowed in a P/I district by administrative permit as may be issued by the zoning administrator.

(1)

Essential services requiring a permit from the city engineer as provided by article XIII of this chapter.

(2)

Landfilling and land excavation/grading operations, except mining, as regulated by article XVIII of this chapter.

(3)

Outside storage as a principal or accessory use subject to the same conditions as allowed in a C-2 district.

(4)

Personal wireless service not located on a public structure or existing tower, as regulated by article XVIII of this chapter.

(5)

Temporary mobile towers for personal wireless service antennas, as regulated by article XVI of this chapter.

(6)

Temporary outdoor promotional and sales activities beyond the confines of the principal building.

(7)

Temporary structures as regulated by article XV of this chapter.

(Zoning Ord., § 90.06)

The following minimum requirements shall be observed in a P/I district subject to additional requirements, exceptions, modifications set forth in this chapter.

^(a) Unless otherwise specified or reduced by conditional use permit.

^(b) Where lot is bound by two or more streets that bound two or more sides of a lot, no building shall project beyond the front yard line of either street.

(Zoning Ord., § 90.07)

The purpose of the PUD, planned unit development district is to provide comprehensive procedures and standards intended to allow greater flexibility in the development of neighborhoods and/or nonresidential areas by incorporating design modifications and/or a mixture of uses than would be possible under a conventional zoning district. The decision to zone property to a PUD is a public policy decision for the city council to make in its legislative capacity. The intent of this division is to:

(1)

Provide for the establishment of PUD (planned unit development) zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the city's comprehensive plan.

(2)

Allow for the mixing of various land use types within a development when such mixing of land uses could not otherwise be accomplished under this chapter.

(3)

Provide for flexibility in the strict application of the land use regulations of this chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any flexibility.

(4)

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.

(5)

Preserve and enhance natural features and open spaces.

(6)

Maintain or improve the efficiency of public streets and utilities.

(7)

Ensure the establishment of appropriate transitions between differing land uses.

(Zoning Ord., § 91.01)

All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in the various zoning districts established by this article shall be treated as potentially allowable uses within a PUD district, provided that they would be allowable on the site under the comprehensive plan.

(Zoning Ord., § 91.02)

The various setback and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose described in section 117-922.

(Zoning Ord., § 91.03)

A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building operation and materials, utilities, parking areas, traffic and pedestrian circulation and open spaces.

(Zoning Ord., § 91.04)

Prior to the filing of a formal application, the applicant may submit a sketch plan of the project to the zoning administrator. A sketch plan shall be processed according to the information requirements, standards and procedures for sketch plans as established by section 117-167.

(Zoning Ord., § 91.05)

General plan submissions shall depict and outline the proposed implementations of the sketch plan stage for the PUD. Information from the sketch plan stage may be included for background and to provide a basis for the submitted plan. The general plan stage submission shall include, but not be limited to, the submission requirements stipulated in division 5 of article II of this chapter.

(Zoning Ord., § 91.06)

After approval of the general plan, the applicant may apply for final plan approval for all or a portion of the PUD. The applicant shall submit the following material for review and approval of the zoning administrator prior to the issuance of any building permit:

(1)

If the PUD is to be developed in stages, the applicant shall submit a phasing plan for construction of the various PUD elements.

(2)

Development plans in final form based upon the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan.

(3)

Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

(4)

All certificates, seals and signatures required for the dedication of land and recording of documents.

(5)

Final architectural working drawings of all structures.

(6)

A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development contract agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

(7)

Any other plans, agreements or specifications necessary for the zoning administrator to review the proposed construction.

(Zoning Ord., § 91.07)

(a)

Preapplication conference. Prior to filing an application for PUD, the applicant shall is encouraged to arrange for and attend a conference with the zoning administrator. 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 and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.

(b)

Sketch plan, application procedures and information requirements. Prior to the filing of a formal application, the applicant may submit a sketch plan of the project to the zoning administrator. A sketch plan will be processed according to the information requirements, standards and procedures for sketch plans as established by section 117-926.

(c)

General Plan.

(1)

Application procedure.

a.

PUD zoning district applications, which may include mixing of land uses and flexibility from applicable performance standards, shall be processed according to the evaluation criteria and procedures outlined in division 3 of article II of this chapter.

b.

PUD by conditional use permit (PUD-CUP) applications, which may include only flexibility from applicable performance standards required within the base zoning district, shall be processed according to the evaluation criteria and procedures outlined in division 4 of article II of this chapter.

(2)

Information requirement. The information required for all PUD general plan applications shall be as specified in division 5 of article II of this chapter.

(3)

Exception. The zoning administrator, planning commission and city council may excuse an applicant from submitting any specific item of information or document required by this division which it finds to be unnecessary to the consideration of the PUD application.

(4)

Approval of rezoning of parcel of land. 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 occur at the time the city council approves the general plan.

(d)

Final stage plan. After approval of a general plan for all or a portion of the proposed PUD, the applicant shall submit the following material for review by the zoning administrator prior to issuance of a building permit:

(1)

Proof of recording easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

(2)

All certificates, seals and signatures required for the dedication of land and all recording documents.

(3)

Any other plans, agreements or documents necessary for the zoning administrator to review the proposed construction.

(Zoning Ord., § 91.08)

The city council may require periodic review of a PUD as a condition to the approval of a PUD in order to ensure compliance with the conditions of approval. At such times, the city council may, at its discretion, elect to take additional testimony on the PUD.

(Zoning Ord., § 91.09)

(a)

Minor modification/amendment. Plan modifications/amendments qualifying as minor as defined by section 117-171 may be processed and approved pursuant to that section.

(b)

Major modification/amendment. The same review procedure shall be followed for a major/modification/amendment of a PUD as was followed with respect to the applicant's general plan, outlined in section 117-928 and pursuant to subsection 117-172(2).

(Zoning Ord., § 91.10)

(a)

Records. The zoning administrator shall maintain a record of all PUD zones approved by the city, including all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate.

(b)

Withdrawal of an application. Any application under this division may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon.

(c)

Platting of a PUD. In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures and according to standards contained in the city subdivision chapter and the related requirements of the county. The preliminary plat shall be processed in conjunction with the general plan as outlined in section 117-170. A separate action on the final plat shall be processed before the city council prior to the approval of a final plan.

(d)

Conveyance of property within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this chapter shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms to the approved PUD and the general plan for a project.

(e)

Development contract. Following the approval of the general plan but prior to the final plan approval, the applicant shall enter into a development contract as may be required for site improvements by the subdivision chapter or a site improvement performance agreement as may be required by this chapter for the project in question.

(Zoning Ord., § 91.11)

The legislature of the state has, in Minn. Stats. § 103F.221, directed that municipalities with shorelands adopt regulations which comply with state standards for municipal shoreland management. Pursuant to the same statute, the commissioner of the department of natural resources has adopted, in Minn. Rules 6120.2500—6120.3900, Standards for The Management of Shoreland Areas which set forth the minimum requirements for the subdivision, use, and development of the shorelands of public waters. This division of the ciy zoning regulations is responsive to the cited legislative mandate as administered by the commissioner of the state department of natural resources.

(Zoning Ord., § 96.01)

The regulations contained in this division are intended to guide and govern the wise development of shoreland of public waters, thus preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of water and related land resources in the city. It is the intent of thisdivision to implement the goals and objectives of the comprehensive plan with respect to the identified shoreland areas. The regulations contained within this division establishing this overlay district are intended to manage areas suitable for development of varying types as allowed in the underlying zoning district. It is the intent that this division be administered in conjunction with the adopted land use regulations and requirements of this chapter and of other ordinances, codes, and policies.

(Zoning Ord., § 96.02)

(a)

Lands to which subdivision applies and classification of public waters.

(1)

This section shall apply to all lands within the jurisdiction of the city and which are located within the shoreland areas of those public waters which have been defined and classified by the commissioner of the department of natural resources pursuant to state statutes and state regulations, and which are shown on the shoreland management map, which shall be considered a part of the official zoning map and this chapter.

(2)

The following public waters have been classified for purposes of this chapter by the commissioner of the department of natural resources; the lakes include: VERIFY WITH DNR STAFF.

(3)

The defined shorelands of these public waters are those governed by this division. These public waters have been classified by the commissioner of the department of natural resources pursuant to state statutes and Minn. Rules 6120.2500—6120.3900 as follows:

a.

General development (GD). The following lakes: None.

b.

Recreational development (RD). The following lakes: None.

c.

Natural environment (NE). The following lakes: None.

d.

Tributary streams (TS). The following creeks: Clearwater Creek.

e.

Wild and scenic recreational river. Provisions for regulation of wild, scenic, and recreational rivers are found in division 22 of this article.

(b)

Interpretation of district boundaries.

(1)

The boundaries of the shoreland management overlay district shall be the shorelands as defined in this chapter.

(2)

The practical limits of shoreland may be less than the statutory limits as set forth in this division whenever the waters involved are bounded by topographic features which extend landward from the waters for lesser distances and when approved in writing by the commissioner of the department of natural resources.

(3)

When interpretation is needed as to the exact location of the boundaries of the shoreland management district on the official zoning map, where, for example, there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the initial interpretation based upon surveys, plans, and other engineering data provided by the person seeking an interpretation and upon the plans and other data available to the city. The initial interpretation of the city engineer shall be referred to the commissioner of the department of natural resources who shall make a final determination pursuant to state law and regulations.

(4)

Only that portion of a property within the boundaries of the shoreland overlay district shall be subject to the provisions of this division.

(Zoning Ord., § 96.03)

The following standards shall apply to all developments and subdivisions within the designated shoreland areas in the city. Where specific minimum standards are not given in this division, the minimum standards for the appropriate underlying zoning district as set forth elsewhere in this chapter shall apply.

(1)

Minimum lot size. All lots intended as residential building sites, which are platted or created by metes and bounds description after the date of enactment of the ordinance from which this division is derived shall conform to the following dimensions within the designated classifications:

a.

Natural environment lakes. Lots which are not served by municipal sanitary sewer and which are abutting a public water shall have a minimum 200 feet in width at the ordinary high water level. Lots which are served by municipal sanitary sewer, and which abut a public water shall have a minimum area of 40,000 square feet, and shall have a minimum width of 125 feet at the building line and at the ordinary high water level. All other lots which are served by municipal sanitary sewer, but which do not abut the public water, shall have a minimum area of 20,000 square feet and shall have a minimum width of 125 feet at the building line.

b.

Recreational development lakes. Lots which are not served by municipal sanitary sewer and which are abutting the public water shall have a minimum 150 feet in width at the ordinary high water level. Lots which are served by municipal sanitary sewer and which abut the public water shall have a minimum area of 20,000 square feet and a minimum width of 110 feet at the building line and a minimum width of 75 feet at the ordinary high water level.

c.

General development lakes. Lots which are not served by municipal sanitary sewer and which are abutting the public water shall have a minimum of 100 feet in width at the ordinary high water level. Lots which are served by municipal sanitary sewer and which abut the public water shall have a minimum width of 75 feet at the ordinary high water level.

d.

Exceptions. Exceptions to the lot area and width requirements set forth in this subsection may be allowed without variance for the following:

1.

Lots in planned unit developments which are approved pursuant to section 117-959 and division 18 of this article.

2.

Lots in planned unit developments which were approved with provision for phased development and recorded with outlots, which include the land for the phased lots, pursuant to division 18 of this article prior to July 1, 2000;

3.

Lots shown on preliminary plats and created by final plats which were approved prior to July 1, 2000, and which are effective within the provisions of Minn. Stats. ch. 462.

(2)

Minimum setback requirements for all structures. The following minimum setback dimensions shall apply to all structures allowed in the shoreland management overlay district and these dimensions shall supersede the applicable dimensions set forth by this chapter for the underlying or floodplain overlay zoning district except where the minimum dimensions of the underlying or floodplain overlay zoning district are greater than those set forth in this section, in which cases the more restrictive or greater dimensions shall apply.

a.

Natural environment lakes. Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 150 feet from the ordinary high water level; and structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 150 feet from the ordinary high water level.

b.

Recreational development lakes. Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 100 feet from the ordinary high water level; and structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 75 feet from the ordinary high water level.

c.

General development lakes. Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 75 feet from the ordinary high water level; and structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 50 feet from the ordinary high water level.

d.

Tributary streams. Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 100 feet from the ordinary high water level; and structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 50 feet from the ordinary high water level.

e.

General requirements and exceptions.

1.

Structures shall be located at least 50 feet from the right-of-way line of any federal, state, or county trunk highway, and, in any case, shall not have a front yard setback less than that provided in the applicable underlying zoning district.

2.

One water-oriented accessory structure as defined and allowed by this chapter may be located on a residential lot abutting public water landward of and closer to the ordinary high water level than allowed by this division, provided it is in compliance with the following:

(i)

It is not designed or used for habitation, and does not contain potable water or sanitary sewer facilities.

(ii)

It is at least ten feet from the ordinary high water level.

(iii)

It is treated to reduce visibility as viewed from the public water and adjacent properties in the shoreland management district by vegetation, topography, increased setbacks, or color, assuming summer season, leaf-on conditions.

(iv)

It does not exceed ten feet in height, exclusive of safety rails required by the state building code.

(v)

It has a maximum ground coverage of 250 square feet if the lot abuts a natural environment lake or tributary stream and 400 square feet if the lot abuts a general development or recreational development lake where the structure is used exclusively for watercraft and water-oriented equipment storage and the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

(vi)

Detached decks may not exceed eight feet above grade at any point.

(vii)

Any deck located on the roof shall fully comply with the state building code and shall in no case be enclosed except for required safety rails, be covered, or be used for storage.

3.

Piers, retaining walls, fences, and docks which may be allowed by this chapter, shall conform to the design and maintenance standards of all applicable federal, state, and city regulations.

4.

Structural setback requirements from the ordinary high water level may be altered without variance as follows:

(i)

To conform to the setbacks of existing structures on the lots on both sides of the subject lot; provided, however, the subject lot is not in a shore impact zone or bluff impact zone as defined by this chapter, and the approved altered setback is no less than the average setback of the existing structures on the abutting lots or that established in the underlying zoning district, including the floodplain overlay district, whichever is greater.

(ii)

To allow the addition of an attached deck to a structure that lawfully existed on July 1, 2000, provided all of the following are met:

A.

A thorough evaluation of the property and structure reveals no reasonable location for an attached deck meeting or exceeding the existing ordinary high water level setback of the structure;

B.

The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive;

C.

The deck is constructed primarily of wood, and is not roofed or screened;

D.

The resulting structure setback from the property line is not less than the minimum established by this chapter for the underlying zoning district.

5.

Setbacks from the ordinary high water level for nonresidential structures that are allowed by this chapter for uses requiring location on lots abutting public waters, as determined by the city, shall be no closer than the setbacks provided in this division provided, the approved setback is no less than that established in the applicable underlying zoning district, including the floodplain overlay district.

6.

Setbacks from the ordinary high water level for structures, other than single-family dwellings and accessory structures, that are allowed by this chapter for uses without water-oriented needs, as determined by the city, shall be double the setbacks provided in this division unless the use is substantially screened from view from the public water by vegetation and/or topography, assuming summer, leaf-on conditions; provided, the approved setback is no less than that established in the applicable underlying zoning district, including the floodplain overlay district.

7.

All structures other than stairways and landings shall have a minimum setback of 30 feet from the top of a bluff as defined by this chapter.

8.

Structures in the shoreland overlay district shall have a minimum setback of 50 feet from the boundaries of an unplatted cemetery protected under Minn. Stats. § 307.08; setbacks less than 50 feet shall be subject to approval by the state archaeologist's office, but shall be no less than the setback established in the underlying zoning district.

9.

No structure in the shoreland overlay district shall be placed on a significant historic site unless adequate information about the site has been removed and documented in a public repository.

10.

Commercial, industrial, public, and semi-public uses that have water-oriented needs, as determined and approved by the city, are conditional uses in the shoreland management overlay district, and are subject to the conditional use requirements of this chapter and to the following:

(i)

Shortterm water craft mooring shall be centralized, designed to avoid obstructions of navigation, and no larger than necessary to meet the demonstrated need;

(ii)

Only signs conveying noncommercial or safety-related information and placed by city or other public authorities shall be located in or upon public waters.

(iii)

Only signs conveying noncommercial or safety-related information shall be located within the shore impact zone, and signs shall be subject to the requirements of this chapter, provided the maximum height shall be ten feet and the maximum area shall be 32 square feet.

(iv)

All artificial lighting shall be shielded or directed to avoid illumination of public waters, except safety hazards; provided that navigation lights may be installed for safety purposes.

SPECIAL MINIMUM LOT SIZE AND STRUCTURE SETBACK STANDARDS

This table contains only those minimums which exceed the minimum standards of the underlying zoning district for the size of residential building sites and the setback of all structures from the ordinary high water level on lots abutting public water. Structure setbacks on lots not abutting public water are from the property line.

NE—Natural environment; GD—general development; RD—recreational development; OHWL—Ordinary high water level; BL—building line; Sewer—city sewer; TS—Tributary stream; UL—underlying zoning district

(3)

Maximum height of structures. The maximum height of all structures in the shoreland overlay district shall be 35 feet, but in no case shall be more than the maximum height set forth in the applicable underlying zoning district; provided, however, exceptions to this requirement may be made for churches, for agricultural structures allowed by this chapter, and for structures which are approved as part of a planned unit development pursuant to provisions of this section.

(4)

Maximum impervious surface area and stormwater management standards.

a.

The total area of all impervious surfaces on a lot shall not exceed 25 percent of the total lot area.

b.

Drainage of stormwater from land in the shoreland management overlay district shall be by means approved by the city engineer that maximize the feasible use of existing natural drainageways, wetlands, and vegetated soils to convey, store, filter, and retain stormwater before discharge to public waters.

c.

Development in designated shoreland management areas shall minimize the extent of disturbed areas, runoff velocities, and erosion potential, shall reduce and delay runoff volumes, and shall stabilize and protect disturbed areas consistent with city regulations and plans approved by the city engineer.

d.

Devices for stormwater outfall to public waters shall be designed and constructed to filter and settle suspended solids and to skim surface debris before discharge.

(5)

Standards for placement and design of roads and driving and parking areas.

a.

Where feasible and practical, as determined by the city council, all public and private roads and parking areas shall comply with the minimum setback requirements established for structures on lots abutting public waters which are served by public sanitary sewer in subsection (2) of this section; and shall not be located within bluff and shore impact zones; provided however, that maximum screening from view from public waters shall be achieved through the use of natural vegetation and topography.

b.

Approved parking areas for uses other than single-family dwellings shall be screened utilizing natural topography, vegetation or other natural materials consistent with the standards of this chapter. For purposes of this division, the public water side of such approved parking areas shall be considered as a residential use when determining screening requirements.

(6)

Minimum lowest floor elevations. All structures on land in the shoreland management overlay district which is also in the floodplain overlay district shall be placed at an elevation consistent with the requirements of this district as set forth in chapter 109. The elevation to which the lowest floor, including basement, of all structures on land which is within the shoreland overlay district, but which is not in the floodplain overlay district shall be determined as follows:

a.

For lakes, by an evaluation of available flood information consistent with the procedures for evaluating proposed uses within the general floodplain district set forth in chapter 109; or by placing the lowest floor at a level at least three feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the ordinary high water mark should be used.

b.

For tributary streams, by an evaluation of available flood information consistent with the procedures for evaluating proposed uses within the general floodplain district as set forth in chapter 109.

(Zoning Ord., § 96.04)

The following are requirements and procedures to be administered and enforced with the conditional use provisions of this chapter for uses so classified by this chapter for property in the shoreland management overlay district. These requirements may supersede certain provisions. Where specific requirements and procedures are not given in this section, the conditional use provisions set forth in division 4 of article II of this chapter shall apply.

(1)

Application for a conditional use permit shall include appropriate narrative and technical data to enable the city to thoroughly evaluate the water body, topographic, vegetation, and soil conditions of the site of the proposed use to ensure:

a.

The prevention of soil erosion and other pollution of public waters during and after development;

b.

The view of structures and other facilities from public waters is limited;

c.

Both potable water and appropriate sanitary sewage disposal are available for the site;

d.

The types, uses, and numbers of watercraft that the use will involve, if any, can be safely accommodated on the public water.

(2)

The planning commission may recommend and the city council may adopt conditions such as, but not limited to, the following to ensure the purposes of this division are met:

a.

Increased setbacks from the ordinary high water level;

b.

Limitations on the natural vegetation that may be removed and/or requirements for additional vegetation;

c.

Special requirements for the location, design, and use of structures, sewage treatment, watercraft launching and docking, and vehicle parking.

(3)

A copy of all notices of any public hearing scheduled to consider requests for conditional use permits for uses governed by this division shall be sent to the commissioner of the department of natural resources and postmarked at least ten days prior to the scheduled hearing.

(4)

A copy of the final decision granting a conditional use permit for a use governed by this division shall be sent to the commissioner of the department of natural resources and postmarked within ten days of the final action.

(Zoning Ord., § 96.05)

The following are requirements and procedures to be administered and enforced in conjunction with the city subdivision regulations, and related ordinances, and policies regarding the platting and division of all property in the shoreland management overlay district.

(1)

Land suitability. Land shall be platted or divided which is held by the city council to be suitable in its natural state for the proposed use with minimal alteration. Suitability shall be determined by reviewing factors such as, but not limited to, susceptibility to flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage disposal, protected wetlands, significant historic sites, or any other feature deemed likely to be harmful to the health, safety, or welfare of present or future residents or occupants of the proposed subdivision, the immediate neighborhood, or of the city.

(2)

Inconsistency with requirements. For purposes of this section, inconsistency with the requirements of this division shall be considered a variance, subject to the applicable variance standards and procedures of this division.

(3)

Lots for controlled access. Lots proposed to serve as controlled accesses to public waters or as recreational areas for the benefit of nonriparian lots, where allowed by this chapter, within a subdivision, shall meet the following standards:

a.

All area and width requirements for residential lots as provided in this division.

b.

The suitability standards of this section, in consideration of the proposed use of the lots.

c.

The width of the lot shall be increased, while retaining the lot depth, by the percent of the required width for residential lots abutting public water for each watercraft over six, if docking, mooring, or over-water storage of more than six watercraft is allowed. The required percentage increase in frontage is indicated following the ratio of lake size in acres to shore length in miles: Less than 100: 25%; 100—200:20%; 201—300: 15%; 301—400:10%; greater than 400: 5%.

d.

The lot must be owned jointly by all lot owners in the subdivision who are provided riparian access rights on the lot.

e.

Covenants or equivalent legal instruments approved by the city attorney shall be filed with the title for the lot and for all lots with rights to use the lot; the benefiting lots, authorized activities, limitations on the development and use of lot; and special conditions imposed to ensure compliance with applicable regulations shall be specified.

(4)

Submittal of approved subdivisions to commissioner. A copy of all plats and land divisions involving property within the shoreland management overlay district shall be submitted to the commissioner of the department of natural resources and postmarked within ten days of final approval by the city council.

(Zoning Ord., § 96.06)

Developments with modification of density and design standards as set forth in this division may be allowed as exceptions for planned unit developments (PUDs) which are proposed and approved in accordance with division 18 of this article, and with the following requirements:

(1)

Notice of hearing for the required PUD sent to the commissioner of the department of natural resources as prescribed by this division shall include a copy of the preliminary PUD plan, plat, and other pertinent materials submitted with the application to permit review with respect to that portion of the planned unit development which is within the shoreland management overlay district.

(2)

Designated public and private open space for that portion of the PUD which is within the shoreland management overlay district shall be subject to the following:

a.

Approved open space shall be preserved through appropriate legal means including restrictive covenants, dedications, or other methods approved by the city council. Protection shall include:

1.

Prohibition of commercial uses in the case of residential planned unit developments;

2.

Prohibition of alteration of vegetation and topography other than routine maintenance;

3.

Prohibition of new buildings, and outside storage of vehicles and materials;

4.

Prohibition of uncontrolled watercraft beaching.

b.

A minimum of 50 percent of the shoreland area shall be designated and preserved as open space.

c.

Developed land including required yards, road rights-of-way, parking areas, commercial uses and facilities, and structures other than allowed water-oriented accessory structures or facilities, shall be excluded in the computation of the minimum open space area.

d.

Land with physical characteristics deemed unsuitable for development in its natural state, significant historic sites, and unplatted cemeteries or burial grounds shall be designated as open space and included in the computation of minimum open space area.

e.

Land used for public or private outdoor recreational fields, structures and buildings may be designated as open space and included in the computation of the minimum open space area.

f.

Land in the shore impact zone, as defined by this chapter, shall be designated as open space and included in the computation of the minimum open space area; further, in the case of residential PUDs, at least 50 percent of this area within existing developments and at least 70 percent of this area within new developments shall be preserved in its existing or natural state; and, in the case of mixed PUDs, at least 50 percent of this area shall be preserved in its natural state.

(3)

The following factors shall be evaluated to ensure that the development and any increased density of the development within the designated shoreland area which exceeds the standards established in this division are consistent with the resource limitations of the public water:

a.

Suitability of the site for the proposed density;

b.

Physical and aesthetic impact of increased density upon the shoreland and upon the public water;

c.

Level of current development within the subject shoreland area;

d.

Amount of undeveloped private and public land in the subject shoreland;

e.

Levels and types of water surface use and public access; and

f.

Possible effects upon overall public use of the public water.

(4)

Any commercial, industrial, recreational, public, or religious facility allowed as part of the planned unit development shall conform to all applicable federal and state regulations including, but not limited to, the following:

a.

Licensing provisions or procedures;

b.

Waste disposal regulations;

c.

Water supply regulations;

d.

State building codes;

e.

Public safety regulations;

f.

Regulations concerning the appropriation and use of public water as defined in Minn. Stats. ch. 103G.

(5)

All planned unit developments shall be subject to applicable regulations of the state environmental quality board.

(6)

Any approved shoreline recreation facilities such as beaches, docks, and boat launching facilities shall be centralized.

(7)

The following standards are applicable to the portion of a development within the designated shoreland where the proposed density exceeds the density standards of this division;

a.

Calculation of density shall include only that land which is above the ordinary high water level of the public water.

b.

The approved minimum lot width shall be met at both the ordinary high water level and at the building line for lots abutting public water.

c.

The maximum density of development within the shoreland may be increased 150 percent over the maximum density allowed by this chapter; provided, the minimum setback from the ordinary high water level for lots abutting public water shall be increased to reduce the impact upon the water body as follows:

1.

By 150 percent of the minimum for structures; or

2.

By 125 percent of the minimum for structures, plus vegetative management, topography, or additional means as deemed appropriate by the city.

(Zoning Ord., § 96.07)

The provisions of this section, in conjunction with other city regulations, are intended to ensure safe and healthful conditions, to prevent pollution and contamination of surface waters and groundwaters, and to guide development compatible with the natural characteristics of shorelands and related public water resources.

(1)

Water supply. Any public or private supply of water for domestic purposes shall conform to state department of health standards for water quality. Private wells shall be located and designed in accordance with the applicable requirements of the floodplain overlay district in chapter 109.

(2)

Sewage disposal. All premises used for human occupancy shall be provided with an approved and adequate method of sanitary sewage disposal which shall be maintained in accordance with acceptable practices and applicable regulations. The requirements of this section shall be administered and enforced in conjunction with other applicable city and state regulations with respect to all property and uses within the shoreland overlay district.

a.

Municipal sanitary sewer shall be used in the urban service area as designated on the land use guide plan, where trunk sanitary sewer service is available, in the case of new development; and where lateral sanitary sewer service is available, in the case of existing development.

b.

All sanitary sewer facilities and waste disposal practices and facilities shall be subject to the applicable state, county, and city standards, criteria, rules, and regulations.

c.

All private and on-site sewage and other sanitary waste disposal systems including septic tanks and soil absorption systems shall be subject to the following:

1.

Systems shall conform to applicable standards, criteria, rules, and regulations of the state and city with respect to size, construction, use, and maintenance.

2.

The location and installation of septic tank and soil absorption systems shall be such that, with reasonable maintenance, they will function in a sanitary manner and will not create a nuisance, endanger the quality of any domestic water supply, or pollute or contaminate any public water. Consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high groundwater elevation, geology, proximity to existing or future water supplies, accessibility for maintenance, and possible expansion of the system in determining a suitable location.

(3)

Setbacks. Septic tank and soil absorption systems constructed after adoption of the ordinance from which this division was derived shall have the following minimum setback from the ordinary high water level:

a.

Natural environment lakes: 150 feet.

b.

Recreational development lakes: 75 feet.

c.

General development lakes: 50 feet.

d.

Tributary streams: 75 feet.

(4)

Prohibited areas. Soil absorption systems shall not be allowed for disposal of domestic sewage in the following areas:

a.

Low, swampy areas, or areas subject to recurrent flooding.

b.

Areas where the highest known groundwater table, bedrock, or impervious soil conditions are within three feet of the bottom of the proposed system.

c.

Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.

(5)

Alternative methods. Alternative methods of domestic sewage disposal and treatment may be allowed, provided such facilities meet the standards, criteria, rules, and regulations of the state pollution control agency, department of health, and of the city.

(6)

Conformance required. Sanitary sewage disposal and water facilities which are inconsistent with the applicable state and city standards, except for the minimum setback from the ordinary high water level, on July 1, 2000, shall be modified or replaced to conform to those regulations as a condition of any zoning approval or permit for improvement on or use of the property.

(7)

Corrective action. Applications for construction and use permits for property containing an on-site sewage disposal system shall include an affidavit by the property owner that the system is in conformance with applicable state and city standards. Permits for additions to structures on property containing inconsistent systems shall stipulate the corrective actions as provided in this division.

(8)

Education program. The comprehensive plan program adopted by city council resolution for notifying and educating owners of on-site sewage disposal systems about proper operation, maintenance, evaluation, and upgrading of their systems will include specific reference to the special requirements of this division.

(Zoning Ord., § 96.08)

(a)

Vegetation. Natural vegetation in shoreland areas shall be preserved to the maximum extent possible in order to retard surface runoff and soil erosion and to utilize excess nutrients. The removal of natural vegetation shall be subject to applicable state regulations, city code and policy requirements, and to the following:

(1)

Clearcutting and intensive vegetation clearing shall be prohibited in shore impact and bluff impact zones and on steep slopes, except as necessary for construction of roads, public utilities, sanitary facilities, structures, and parking areas according to plans approved by the city.

(2)

Natural vegetation shall be restored to the maximum extent possible in conjunction with any approved construction project, consistent with city tree preservation and erosion control regulations.

(3)

Selective cutting and limited clearing of trees and underbrush, and cutting, pruning, and trimming of trees to provide and maintain a view to the public water from a dwelling or to accommodate allowed stairways and landings, outdoor recreation facilities, and water-oriented accessory structures and facilities may be allowed provided sufficient cover is left to screen motor vehicles and structures when viewed from the water, consistent with applicable ordinances and policies regarding screening and landscaping. For purposes of this section, the public water shall be considered a residential use.

(b)

Grading and filling. Grading and filling or any other substantial alteration of the natural topography in shoreland areas shall be subject to the requirements of the applicable state regulations, city code and policy requirements, and to the following:

(1)

The smallest amount of bare ground shall be exposed for the least amount of time feasible, as determined by the city.

(2)

Temporary ground cover such as mulch shall be used, and permanent vegetative cover such as sod shall be provided.

(3)

Methods to prevent erosion and to trap sediment shall be employed consistent with the city policies and regulations.

(4)

Fill shall be stabilized to accepted engineering standards as verified by the city engineer.

(5)

A city permit for grading and filling shall be obtained for the movement of more than ten cubic yards of material on steep slopes or within shore impact and bluff impact zones.

(c)

Prior approval. Any work which will change or diminish the course, current, or cross section of a public water and any alterations below the ordinary high water level shall be approved by the commissioner of the department of natural resources before the work is started. This includes construction of channels and ditches, lagooning, dredging of lakes or stream bottom for removal of muck, silt, or weeds, and filling in the lake or streambed. Approval shall be construed to mean the issuance of a permit by the commissioner of the department of natural resources, under the procedures of the state statutes and regulations.

(d)

Excavations. Excavations on shorelands where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be permitted only after the city and the commissioner of the department of natural resources have approved the proposed connection to the public waters. Approval shall be granted only if the proposed work is consistent with applicable state and city regulations for work in beds of public waters.

(e)

Stairways, lifts and landings. Stairways, lifts, and landings shall be used where feasible as an alternative to major topographic alterations to achieve access up and down bluffs and steep slopes to shoreline areas, and these structures shall be subject to the following:

(1)

Stairways and lifts on residential lots shall have a maximum width of four feet.

(2)

Landings on residential lots shall have a maximum area of 32 square feet.

(3)

Canopies and roofs over the structures governed by this section are prohibited.

(4)

The structures shall be constructed in accordance with the state building code, erosion control regulations, and applicable standards of the state regulations for facilities for the physically handicapped.

(5)

The structures shall be located so to be as inconspicuous as possible as viewed from the public water.

(f)

Review of plans. Plans for construction on steep slopes shall be reviewed for possible erosion impacts and visibility from public waters; plan approval and permits may include special conditions to ensure erosion control and preservation of natural screening of the development.

(g)

Agricultural use standards. The following requirements are applicable to agricultural uses in the shoreland management district where allowed by this chapter in the underlying zoning districts:

(1)

General cultivation, farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting may be allowed if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under a conservation plan, consistent with the field office technical guides of the local soil and water conservation district or the United States Soil Conservation Service, as approved by a qualified individual or agency.

(2)

The shore impact zone, for agricultural uses, is equal to a line parallel to and 50 feet from the ordinary high water level.

(3)

Animal feedlots, as defined and regulated by Minn. Rules 7020.0100—7020.1900 for purposes of compliance and permits, shall meet the following standards:

a.

Those established after adoption of the ordinance from which this section is derived, shall not be located in the shoreland of watercourses or in bluff impact zones, and shall have a minimum setback of 300 feet from the ordinary high water level of all public water basins.

b.

Modifications to or expansion of those within 300 feet of the ordinary high water level or within a bluff impact zone, which exist on the date the ordinance from which this section is derived is adopted, may be allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

(4)

Fertilizers, pesticides, or animal wastes shall be used in a manner, through proper application or use of earth and vegetation, which minimizes the impact on the shore impact zone or public water.

(Zoning Ord., § 96.09)

(a)

Requests for variances shall be made in accordance with the procedures and requirements set forth in division 8 of article II of this chapter.

(b)

Variances shall be granted only when the standards and criteria set forth in division 8 of article II of this chapter have been met. Variances shall not be granted which would circumvent the purposes and intent of this division.

(c)

A copy of all notices of any public hearings scheduled to consider requests for variances from this division shall be sent to the commissioner of the department of natural resources and postmarked at least ten days prior to the hearing.

(d)

A copy of the final decision granting a requested variance from this division shall be sent to the commissioner of the department of natural resources and postmarked within ten days of the final action.

(Zoning Ord., § 96.10)

(a)

Requirements. Nonconforming uses of land and structures within the shoreland overlay district shall be subject to the applicable requirements of division 2 of article II of this chapter, except as otherwise provided by this division.

(b)

Exception to area requirement. Lots of record in the office of the county register of deeds on July 1, 2000, which do not meet the minimum area requirements set forth in this division or in the other applicable sections of this chapter may be allowed as building sites, provided:

(1)

The proposed use is permitted in the underlying zoning district, and, if applicable, in the floodplain overlay district;

(2)

The lot is in separate ownership from abutting lands;

(3)

The lot is served by municipal sanitary sewer, or, in the case of lots not served by sanitary sewer, the lot can fully comply with the sanitary sewer requirements of this division;

(4)

The lots can be developed with structures within all setback requirements set forth in this division or, where applicable, in the section of this chapter which governs the underlying zoning district;

(5)

Owners of substandard lots which are within the urban service area as designated by the adopted land use guide plan, and which do not have lateral sanitary sewer service lines to the property, but which are in areas with trunk sanitary sewer service available, shall initiate the appropriate administrative procedures to install or to have the city install the lateral sanitary sewer service before building permits are issued for development of the substandard lot.

(c)

Increase of nonconforming uses. Nonconforming uses, as defined in this chapter, which abut the public water, shall not be enlarged or increased, nor shall any such use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of the ordinance from which this division is derived; unless such expansion or extension is parallel to, or greater than, the existing setback on the public water side of the property and is in compliance with all applicable regulations of this division and of the underlying zoning district. Such uses shall not be moved to any other part of the parcel unless the purpose is to gain compliance with the structural setback requirements of this division pursuant to plans approved by the city and, where applicable, by the commissioner of the department of natural resources.

(Zoning Ord., § 96.11)

(a)

Amendments to this division shall be subject to the amendment procedures and requirements set forth in division 3 of article II of this chapter.

(b)

Amendments to this division shall be consistent with state statutes and regulations regarding the management of shoreland areas.

(c)

Amendments to the comprehensive land use guide plan and to this chapter for the purpose of reclassifying land subject to the standards of this division shall be enacted only after the city council has found that the proposed classification is consistent with the state and city regulations and standards applicable to shorelands.

(d)

A copy of all notices of any public hearings scheduled to consider amendments to this division and to those portions of the comprehensive land use guide plan and this chapter relative to classification of land in the designated shoreland areas shall be sent to the commissioner of the department of natural resources and postmarked at least ten days prior to the scheduled hearing.

(e)

A copy of any adopted amendment to this division and to those portions of the comprehensive land use plan and this chapter relative to classification of land in the designated shoreland areas shall be sent to the commissioner of the department of natural resources and postmarked within ten days of adoption.

(Zoning Ord., § 96.12)

The purpose of this district is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor consistent with the state Wild and Scenic River Act (Minn. Stats. § 103F.301 et seq.) and Minn. Rules 6105.0010—6105.0250, and 6105.0800—6105.0960.

(Zoning Ord., § 97.01)

In order to preserve and protect the Mississippi River and its adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in the city has been given a recreational river classification, and lands adjacent to the river are hereby designated by land use districts, the boundaries of which are based upon the Mississippi River Management Plan, Minn. Rules 6105.0800—6105.0960. The boundaries of the Mississippi River WSRR, wild and scenic recreational river district are shown on the city zoning map which is made part of this zoning chapter. In case of conflict between the map and the property descriptions and boundaries in Minn. Rules 6105.0910 and 6105.0950, the latter shall prevail.

(Zoning Ord., § 97.02)

The WSRR, wild and scenic recreational river district shall be applied to and superimposed as an overlay upon all zoning districts as contained herein as existing or amended by the zoning chapter text and official zoning map. The regulations and requirements imposed by the WSRR district shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the more restrictive requirements shall apply and any person contemplating development in the WSRR or wild and scenic recreational river district should review the base district requirements with the zoning administrator to determine those which will apply.

(Zoning Ord., § 97.03)

Any lot of record filed in the office of the county recorder on or before July 1, 2000, which does not meet the dimensional requirements of this chapter may be allowed as a building site subject to the following:

(1)

Such use is permitted in the land use district.

(2)

The lot was in separate ownership on the date of enactment of the ordinance from which this chapter is derived.

(3)

All sewage disposal requirements are complied with and lot requirements are complied with to the greatest extent practical.

(4)

The lot is at least 20,000 square feet in area.

(5)

If in a group of two or more contiguous lots under a single ownership, any individual lot does not meet the lot width requirements of the local regulation, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements of the local regulation, or to the greatest extent practical.

(Zoning Ord., § 97.04)

The permitted uses shall be subject to other more restrictive limitations which may be imposed by this city. The following relate to permitted uses in the WSRR district: Those permitted and accessory use designations as defined and allowed in the base zoning districts set forth on the city zoning map, as may be amended, and classified as U-R, R-1, R-2, R-3, P/I, and PUD, as defined by article III. These land use districts and uses are in conformance with the criteria for Urban River Class Standards in Minn. Rules 6120.3100 and 6120.3200.

(Zoning Ord., § 97.05)

An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in division 4 of article II of this chapter and subject to other more restrictive limitations which may be imposed by this chapter. The following uses may be allowed as a conditional use in the WSRR district:

(1)

Those conditional and interim use designations as defined and allowed in the base zoning districts set forth on the city zoning map, as may be amended, and classified as ROT, C-1, C-2, C-3, C-4, I-1, I-2, and PUD by article III. These land use districts and uses are in conformance with the Criteria for Urban River Class Standards in Minn. Rules 6120.3100 and 6120.3200.

(2)

Structures associated with permitted or conditional uses, located upon slopes greater than 12 percent, provided that:

a.

The structure is screened from view of the river and adjacent shorelands in a manner judged acceptable by the city.

b.

An adequate septic system and well can be established on the site and which, if the use is approved, shall be subject to applicable provisions of this Code.

c.

Appropriate erosion control measures are undertaken as determined necessary by the city.

d.

If applicable, vegetative and/or clearcutting permits are obtained for the proposed use in accordance with sections 117-996 and 117-997.

e.

The provisions of division 4 of article II of this chapter are considered and determined to be satisfied.

(Zoning Ord., § 97.06)

(a)

Areas covered. The following areas of the city are covered by this division: all areas of the wild and scenic recreational river district within the city.

(b)

Standard for lots and principal structures. Lots within the WSRR district shall conform to the provisions and administrative procedures of Minn. Rules 6105.0010—6105.0090; 6105.0100, subparts 1 and 2; Urban river class standards in Minn. Rules 6120.3100, 6120.3200, and 6120.3300, subpart 2b; 6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110—6105.0250 with the following exceptions to the provisions of these parts. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail.

(c)

Accessory structure setbacks. Accessory structure setbacks as regulated by section 117-1103, and the following additional structure setbacks:

(d)

Impervious surface requirements. Impervious surface coverage requirements in Minn. Rules 6120.3300, subpart 11B, may be varied without a variance if all of the following criteria and standards are met:

(1)

All structures and impervious surfaces are located on slopes less than 12 percent. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.

(2)

The site development is 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, Minnesota 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.

(3)

A site development, maintenance, and inspection plan incorporating the comprehensive practices in subsection (d)(2) of this section is submitted and approved by the city prior to the issuance of an impervious surfacing permit and the plan is implemented.

(4)

An impervious surfacing permit is granted by the city which imposes the conditions of section 117-995. The city may impose additional conditions determined necessary to protect the public health, safety, and welfare.

(Zoning Ord., § 97.07)

The following minimum requirements shall be observed in the WSRR district:

(1)

The maximum height of principal structures shall not exceed 35 feet.

(2)

The maximum height of accessory structures shall not exceed 35 feet.

(Zoning Ord., § 97.08)

(a)

Placement of structures. Structures shall not be located on slopes greater than 12 percent except by conditional use permit as provided for in subsection 117-992(2).

(b)

Maximum density. The maximum density in the WSRR district shall not exceed one dwelling unit per lot.

(c)

Multiple unit dwelling structures. Subdivisions of duplexes, triplexes, and quads shall also meet the following standards:

(1)

Each building must be set back at least 200 feet from the ordinary high water level;

(2)

Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; and

(3)

Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building.

(d)

Stormwater management. Subject to other more restrictive limitations which may be imposed by this chapter or other chapters of this Code, the following general and specific standards shall apply:

(1)

General standards.

a.

When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

b.

Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

c.

When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.

(2)

Specific standards.

a.

When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

b.

New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(e)

Special provisions for commercial, industrial, public/semipublic, agricultural, forestry and extractive uses and mining of metallic minerals and peat.

(1)

Standards for commercial, industrial, public, and semipublic uses.

a.

Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Subject to other more restrictive limitations which may be imposed by this chapter, those uses with water-oriented needs shall meet the following standards:

1.

In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures;

2.

Uses that require shortterm watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and

3.

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

(i)

No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.

(ii)

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across public waters; and

(iii)

Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

b.

Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(2)

Agriculture use standards.

a.

General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the natural resources conservation service, as provided by a qualified individual or agency.

b.

The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. The bluff impact zone is equal to the bluff and land located within 20 feet from a bluffline.

c.

Animal feedlots shall meet the requirements of this chapter, as well as the following standards:

1.

New feedlots shall not be located in the WSRR district; and

2.

Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within the bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

d.

Use of fertilizer, pesticides, or animal wastes within the WSRR district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.

(3)

Forest management standards.

a.

The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment—Forestry and the provisions of Water Quality in Forest Management—Best Management Practices in Minnesota.

b.

Use of fertilizer, pesticides, or animal wastes within the WSRR district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.

(4)

Extractive use standards.

a.

Site development and restoration plan. An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how the site will be rehabilitated after extractive activities end.

b.

Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from the ordinary high water level and from blufflines.

(5)

Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in Minn. Stats. §§ 93.44—93.51, shall be a permitted use provided the provisions of such statutes are satisfied.

(Zoning Ord., § 97.09)

Selective cutting of trees in excess of four inches in diameter at four feet height within the WSRR district and within 100 feet of the ordinary high water level and 20 feet landward of the bluffline shall be subject to the following:

(1)

Clearcutting, except for any authorized public services such as roads and essential services, shall not be permitted. Clearcutting for essential services, such as telephone lines, substations, and related structures, shall require a special permit issued by the city council in accordance with article XIII of this chapter.

(2)

Cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting may be performed so as to maintain a continuous tree cover in the remaining wooded areas.

(3)

The above cutting provisions shall not be deemed to prevent:

a.

The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards.

b.

Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at four-foot height.

(4)

Except in cases where vegetative cutting has been approved as part of a subdivision or other development, any person proposing vegetative cutting shall apply to the city for a vegetative cutting permit. Application forms for the permit shall be provided by the zoning administrator and require the following information:

a.

Name and address of applicant.

b.

The name and address of the owner of the land.

c.

The address and legal description of the land involved.

d.

The purpose of the vegetative cutting.

e.

A description of the type and amount of vegetation to be cut.

f.

The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried.

g.

An estimate of the time required to complete the vegetative cutting.

h.

A site plan showing the proposed cutting area.

i.

A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare.

j.

A statement that the applicant will comply with all conditions prescribed by the city.

(Zoning Ord., § 97.10)

Clearcutting within the WSRR district shall be subject to the following standards and criteria:

(1)

Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile and subject to injury.

(2)

Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.

(3)

The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary.

(4)

Where feasible, all clearcuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following spring.

(5)

Except in cases where clearcutting has been approved as part of a subdivision or other development, any person proposing clearcutting shall apply to the city for a clearcutting permit. Application forms for the permit shall be provided by the zoning administrator and require the following information:

a.

Name and address of applicant.

b.

The name and address of the owner of the land.

c.

The address and legal description of the land involved.

d.

The purpose of the clearcutting.

e.

A description of the type and amount of clearcutting to be conducted.

f.

The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried.

g.

An estimate of the time required to complete the vegetative cutting.

h.

A site plan showing the proposed cutting area.

i.

A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare.

j.

A statement that the applicant will comply with all conditions prescribed by the city.

(Zoning Ord., § 97.11)

Any grading and filling conducted within the WSRR district shall require a permit and shall comply with the following:

(1)

The provisions of article XVIII of this chapter are satisfactorily met.

(2)

Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be allowed.

(3)

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority.

(4)

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities.

(5)

Grading and filling of the natural topography shall also meet the following standards:

a.

The smallest amount of bare ground is exposed for as short a time as feasible.

b.

Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.

c.

Methods to prevent erosion and to trap sediment are employed.

d.

Fill is established to accepted engineering standards.

(6)

Excavation of material from, or filling in the river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the commissioner pursuant to Minn. Stats. § 103G.245.

(7)

Draining or filling of wetlands as defined by this chapter shall be expressly prohibited.

(Zoning Ord., § 97.12)

All utility transmission crossings of land within the WSRR district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minn. Rules 6105.0170 and 6105.0180.

(Zoning Ord., § 97.13)

In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use permit shall be required for any construction or reconstruction of new public roads within the WSRR district. Such construction or reconstruction shall be subject to the standards and criteria of Minn. Rules 6105.0190 and 6105.0200. A conditional use permit shall not be required for marginal access streets which are intended to serve primarily as an access to abutting properties.

(Zoning Ord., § 97.14)

No land shall be subdivided which is determined by the city or the commissioner to be unsuitable by reason of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the city.

(Zoning Ord., § 97.15)

All uses in existence prior to July 1, 2000, which are lawfully permitted uses within the wild and scenic recreational river district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this chapter shall be allowed to continue subject to the following conditions and exceptions:

(1)

Any structural alteration or addition to a nonconforming use which will increase the substandard dimensions shall not be allowed.

(2)

Substandard signs shall be gradually eliminated over a period of time not to exceed five years from the date of enactment or amendment of this division.

(Zoning Ord., § 97.16)

(a)

General provisions.

(1)

Any premises intended for human occupancy must be provided with an adequate method of sewage treatment.

(2)

Publicly-owned sewer systems must be used where available.

(3)

Where public systems are not available, all private sewage treatment systems must meet or exceed applicable rules of the state department of health, the state pollution control agency, specifically Minn. Rules ch. 7080, for individual sewage treatment systems, and any other applicable city standards.

(b)

Setbacks. On-site sewage treatment system setbacks from the ordinary high water level of the Mississippi River and Clearwater River must be a minimum of 75 feet.

(c)

Nonconforming sewage treatment systems. A nonconforming sewage treatment system not meeting the requirements of applicable rules of the state department of health, the state pollution control agency, specifically Minn Rules ch. 7080, for individual sewage treatment systems, and any other applicable local government standards shall be brought into conformity or discontinued within five years of the date of enactment of the wild and scenic recreational river district ordinance from which this division is derived.

(Zoning Ord., § 97.17)

Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state department of health and the state pollution control agency and administrative procedures of this chapter. Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the state department of health.

(Zoning Ord., § 97.18)

Copies of all plats within the wild and scenic recreational river district shall be forwarded to the commissioner within ten days of approval by the city. Approval of a plat which is inconsistent with this division is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics.

(Zoning Ord., § 97.19)

A planned cluster development or planned unit development may be allowed only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Smaller lot sizes may be allowed as exceptions to this division for planned cluster or unit developments provided:

(1)

Preliminary plans are approved by the commissioner of the department of natural resources prior to their enactment by the city council.

(2)

Central sewage facilities are installed which meet the standards, criteria, rules or regulations of the state department of health and the state pollution control agency.

(3)

Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other equally effective and permanent methods.

(4)

There is not more than one centralized boat launching facility for each cluster.

(5)

The only uses that shall be allowed within the development are those allowed in sections 117-991 and 117-992 for the applicable district.

(6)

Under the joint application of standards, the more restrictive provisions of this chapter shall apply.

(Zoning Ord., § 97.20)

The grant of a variance requires the presence of the following conditions:

(1)

The strict enforcement of the land use controls will result in unnecessary hardship.

(2)

Granting of the variance is not contrary to the purpose and intent of this division and is consistent with Minn. Rules 6105.0010—6105.0250 and 6105.0800—6105.0960.

(3)

There are exceptional circumstances unique to the subject property which were not created by the landowner.

(4)

Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located.

(5)

Granting of the variance will not alter the essential character of the locality.

(6)

Exception: Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width requirements of this chapter.

(Zoning Ord., § 97.21)

(a)

Notification of proposed amendment. The city zoning administrator shall submit to the commissioner of the department of natural resources a copy of any application for a zoning amendment including proposed changes to district lines, conditional use permits, variances, and plats which are inconsistent with the local land use regulations for certification. A copy of the notice of any public hearing, or where a public hearing is not required, a copy of the application for zoning amendments, variances and inconsistent plats shall be sent so as to be received by the commissioner at least 30 days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed inconsistent plat or a description of the requested variances.

(b)

Notification of final decision. The city zoning administrator shall notify the commissioner of its final decision on the proposed action within ten days of the decision.

(c)

Effective date of decision. The ordinance, variance, or inconsistent plat becomes effective upon the happening of any of the following events, whichever first occurs:

(1)

The final decision taken by the city has previously received certification of approval from the commissioner.

(2)

The city receives certification of approval after its final decision.

(3)

Thirty days have elapsed from the day the commissioner received notice of the final decision, and the city has received from the commissioner neither certification of approval nor notice of nonapproval.

(4)

The commissioner certifies his approval within 30 days after conducting a public hearing.

(d)

Hearing after nonapproval. In case the commissioner of the department of natural resources gives notice of nonapproval of an ordinance, variance, or inconsistent plat, either the applicant or zoning administrator may, within 30 days of said notice, file with the commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of nonapproval becomes final.

(1)

The hearing shall be held within 60 days of the demand and after at least two weeks' published notice.

(2)

The hearing shall be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6 and 7.

(3)

The commissioner shall either certify his approval or disapproval of the proposed action within 30 days of the hearing.

(e)

Distribution of copies of notices or applications. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider issuance of the conditional use permit shall be received by the commissioner at least 30 days prior to such hearings or meetings to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the commissioner within ten days of such action.

(Zoning Ord., § 97.22)