Cologne City Zoning Code
ZONING DISTRICTS/USE
REGULATIONS
§ 153.030 ESTABLISHMENT OF DISTRICTS.
For the purposes of this chapter, the City of Cologne is hereby divided into the following zoning districts:
(A) A Agriculture;
(B) R-1 Single-Family Detached Residential District;
(C) R-2 Single-Family Attached Residential District;
(D) R-3 Multiple-Family Residential District;
(E) PUD Planned Unit Development District;
(F) C-1 Convenience Commercial District;
(G) C-2 Central Business District;
(H) C-3 General Commercial District;
(I) I-1 Industrial Park District;
(J) P/I Public/Institutional District DO Downtown Overlay District; and
(K) SO Shoreland Overlay District.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.031 ZONING MAP.
The locations and boundaries of the districts established by this chapter are set forth on the zoning map of the City of Cologne, which is made part of this chapter.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007; Ord. 150-T, passed 11-5-2012; Ord. 150-U, passed 3-17-2014; Ord. 150-V, passed 7-18-2016)
§ 153.032 INTERPRETATION OF THE ZONING MAP.
Where due to the scale, lack of detail or illegibility of the zoning map attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the City Clerk shall make an interpretation of the map upon request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of Appeals and Adjustments, in interpreting the zoning map or deciding any appeal, shall apply to the following standards:
(A) Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerlines of streets, rights-of-way or watercourses, unless such boundary lines are fixed by dimensions shown on the zoning map.
(B) Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.
(C) Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.
(D) Overlay district boundaries follow watercourses in a parallel fashion or may be established according to a base elevation.
(E) If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of the property and the history of zoning ordinances and amendments in Cologne as well as other relevant facts.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.033 A AGRICULTURE.
(A) Purpose. The purpose of the A District is allow agricultural activities as a transitional use of the land. The city has limited vacant land for development and all land in the city is planned for eventual non-agricultural uses. Because of the limited duration anticipated for agricultural uses in the city and the incompatibilities which often exist between agricultural and nonagricultural uses, permitted uses in the A District will not reflect intensive commercial agricultural uses.
(B) Permitted uses.
(1) Farm dwellings at a density not exceeding one home per 40 acres.
(2) Accessory uses.
(3) Crop production and vegetable gardening.
(4) Produce stands for products raised on the premises.
(5) Tree nurseries and sod farms.
(6) Horses, livestock and fowl, not exceeding a density of one horse or livestock animal per acre or three fowl per acre.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.034 R-1 SINGLE-FAMILY DETACHED RESIDENTIAL DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the R-1 District provide for lower density traditional single family detached dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings.
(2) Accessory uses.
(3) Public parks and recreation facilities.
(4) Daycare facility.
(5) Residential facility.
(6) Home occupations.
(C) Special requirements. All single-family residential subdivisions shall be required to provide variety in lot sizes and housing styles to promote a range of housing costs and opportunities for different age groups. Each new development must provide at least 25% of the total number of single-family detached dwelling lots with a minimum lot width of 120 feet (corner lots meeting this requirement must be at least 135 feet in width.) Each development must also include at least seven different models of homes, which are alternated throughout the development.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.035 SINGLE-FAMILY ATTACHED RESIDENTIAL DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the R-2 District provide for medium density single family attached residential opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings.
(2) Single-family attached dwellings.
(3) Accessory uses.
(4) Public parks and recreation facilities.
(5) Daycare facility.
(6) Residential facility.
(7) Home occupations.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.036 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the R-3 District provide for higher density single-family attached residential owner occupied and rental housing opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere.
(B) Permitted uses.
(1) Single-family attached dwellings with more than four dwelling units per building.
(2) Apartments or condominiums at a density not exceeding 16 units per acre.
(3) Accessory uses.
(4) Public parks and recreation uses.
(5) Daycare facility.
(6) Residential facility.
(7) Home occupations.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.037 PLANNED UNIT DEVELOPMENT DISTRICT.
(A) Purpose. The purpose of the PUD provisions is to encourage high quality design standards for development and alternative subdivision design techniques. Dimensional criteria of the city of Cologne zoning ordinance districts may be modified or varied for PUD developments in exchange for higher design standards, site preservation techniques, extraordinary parkland development, pedestrian circulation, trails linkage to other neighborhoods and community destinations, and other unique development considerations. PUD review and approval is a discretionary action by the city and the eligibility of a proposed development as a PUD shall be determined solely by the city. Proposed variations from the dimensional standards of this chapter shall only be approved when it is determined by the city that such variations are commensurate with benefits to the planned neighborhood and overall community. Such a determination shall include, but not be limited to the following considerations:
(1) Master site planning and creative design in the proposed development of the land and uses.
(2) Variety in housing styles and housing types and provisions for life cycle and affordable housing opportunities.
(3) Architectural design components and controls for all planned uses and structures.
(4) Protection and incorporation of unique natural features into the overall planned community.
(5) Creation of larger expanses of usable public and private open spaces, planned recreational facilities, and pedestrian accesses throughout the proposed development.
(6) Landscaping plans for all proposed land uses, public and private parks, open spaces when appropriate, major transportation corridors, transition areas between land uses, and within screening and buffering areas.
(7) Appropriate screening and buffering of residential uses from major transportation corridors and dissimilar land uses.
(8) Compatibility with the comprehensive plan.
(9) Consistency with existing goals and policies of the city.
(10) Compatibility with existing and potential development patterns.
(11) Appropriate transitions between land uses to ensure compatibility within and adjacent to the proposed development.
(13) Private subdivision covenants necessary to guarantee adherence to architectural standards, to implement master planning components of the proposed development, and to satisfy required private and public area maintenance provisions.
(14) Appropriate transportation access, circulation, design and impact mitigation, including required improvements to adjacent roadways serving the proposed development.
(15) Financial participation in off-site improvements required to connect the proposed development to existing and planned neighborhoods and existing and planned public utility and transportation infrastructure.
(B) Permitted uses – Residential PUD.
(1) Single-family detached residences and single-family attached residences and accessory uses.
(2) Multiple residential dwellings and accessory uses.
(3) Public parks and recreation facilities.
(4) Public buildings and facilities.
(5) Public and private schools and accessory recreational facilities.
(6) Licensed daycare and residential facilities in single-family attached and single-family detached residential areas consistent with M.S. § 462.357, Subd. 7, as it may be amended from time to time.
(7) Licensed daycare and residential facilities in multiple residential areas consistent with M.S. § 462.357, Subd. 8, as it may be amended from time to time.
(8) Residential health care facilities.
(9) Home occupations.
(10) Permitted uses in the A Agriculture District, except animal feedlots.
(11) Other uses specifically permitted in the approval of the PUD.
(C) Permitted uses – Residential/Commercial Mixed Use PUD.
(1) Single-family detached residences and single-family attached residences and accessory uses.
(2) Multiple residential dwellings and accessory uses.
(3) Public parks and recreation facilities.
(4) Public buildings and facilities.
(5) Public and private schools and accessory recreational facilities.
(6) Licensed daycare and residential facilities in single-family attached and single-family detached residential areas consistent with M.S. § 462.357, Subd. 7, as it may be amended from time to time.
(7) Licensed daycare and residential facilities in multiple residential areas consistent with M.S. § 462.357, Subd. 8, as it may be amended from time to time.
(8) Residential health care facilities.
(9) Home occupations.
(10) Neighborhood commercial retail and service uses, not inconsistent with the comprehensive plan, and not incompatible with area residential land uses and transportation facilities serving the development, including:
(a) Gasoline sales and accessory convenience retail sales.
(b) Full service restaurants, cafes, and drive-through restaurants.
(c) Off-sale and on-sale liquor.
(d) Video rentals and sales.
(e) Daycare centers.
(f) Dry cleaning, laundry, tailoring, hair salons and similar household services.
(g) Small appliance, electronics, and household item repair and service and accessory sales conducted wholly within principal structures.
(h) Automobile service and accessory sales conducted wholly within principal structures.
(11) Permitted uses in the A Agriculture District, except animal feedlots.
(12) Other uses specifically permitted in the approval of the PUD.
(D) Permitted uses – Commercial/Light Industrial Mixed Use PUD.
(1) Gasoline sales and accessory convenience retail sales.
(2) Retail sales and accessory services.
(3) Full service restaurants, cafes, and drive-through restaurants.
(4) On-sale and off-sale liquor establishments.
(5) Family movie theaters.
(6) Hotels and motels.
(7) Professional offices.
(8) Hospitals and medical clinics.
(9) Funeral homes and mortuaries.
(10) Household service and repair businesses.
(11) Vehicle and equipment repair and service.
(12) Office/showroom sales and service uses.
(13) Building supply centers.
(14) Lawn and garden centers.
(15) Permitted uses in the A Agriculture District, except animal feedlots.
(16) Other uses specifically permitted in the approval of the PUD.
(E) Dimensional standards. The dimensional standards applied to lots, uses and structures within a PUD shall be established in the review and approval process. The city shall have total discretion in establishing dimensional criteria, and departures from the zoning ordinance standards shall be based upon the level of site plan detail, architectural quality and controls, overall master planning, utility and roadway capacity, neighborhood and community benefit, public safety issues, and overall development controls.
(F) Special requirements.
(1) The minimum site area requirements for a residential or residential/commercial mixed use PUD is 100 acres.
(2) The minimum site area requirements for a commercial/ light industrial mixed use PUD is 20 acres.
(3) An increase in the density allowed by the districts of the zoning ordinance for any residential uses shall result in corresponding increase in the amount or quality of the following:
(a) Group usable open space, recreational amenities, and pedestrian ways.
(b) Architectural features, housing styles, and housing variety.
(c) Landscaping, screening, and streetscape amenities.
(d) Environmental protection and controls.
(e) Site design and development control.
(4) The city shall determine whether open space provisions and recreational amenities shall be publicly dedicated or privately owned and maintained.
(5) Private open space and recreation areas and, specific improvements on public property, such as landscaped medians or subdivision monuments and design features within public rights-of-way, will require covenants, restrictions, homeowner association agreements or other acceptable mechanisms that guarantee perpetual private maintenance of private open spaces, recreation areas, common areas, and other areas.
(6) Residential/commercial mixed use PUDs shall require common or compatible street landscaping, street lighting, and parking lot lighting throughout the development. The quality and amount of landscaping, screening, and buffering between dissimilar uses shall be a major component of all PUDs and subsequent site plan reviews.
(7) Architectural features and controls shall be a major component of all PUDs and all mixed use PUDs will require compatibility of architectural features between dissimilar uses.
(8) Nothing in this section shall be construed to approve or permit variations in construction materials, craftsmanship, building codes, electrical codes, plumbing codes, fire codes, design or construction of public improvements, which in any way suggest substandard or inferior development or construction.
(G) Process. All PUDs requiring the subdivision of land shall follow the platting requirements and PUD provisions of the Cologne subdivision ordinance. Mandatory or discretionary review of the potential environmental effects of the proposed development may be required prior to the submission of Concept PUD and preliminary plat. A sketch plan PUD/plat review and approval, Concept PUD/preliminary plat review and approval, and Final PUD/final plat review and approval shall occur concurrently as prescribed in the subdivision ordinance.
(H) Submittal requirements. A sketch plan shall be prepared with sufficient detail and information to illustrate the major features of the proposed development and its eligibility as a PUD. Following sketch plan review and approval by the City Council, PUD and platting information may be assembled and combined in a single format, provided the platting submission requirements of the Cologne subdivision ordinance and the following minimum information are provided:
(1) Written narrative summarizing the proposed development features and all proposed exceptions to or departures from conventional development standards.
(2) Complete details of the proposed site development, including locations of buildings, driveways, parking spaces, dimensions of the parking spaces, dimensions of the lots, lot area and yard dimensions, sidewalks, and trails.
(3) Open space and recreation plans illustrating all public and private recreational amenities, facilities, and structures, including trails.
(4) Circulation plans for proposed pedestrian and vehicle traffic.
(5) Detailed plans for landscaping, screening, and buffering.
(6) Preliminary architectural plans, including the floor plans and building elevations of proposed structures.
(7) Descriptions for exterior wall finishes proposed for all principal and accessory structures.
(8) Calculations of gross and net residential densities for each residential product.
(9) A two-foot contour map of the existing site, including the depiction of existing uses and structures, and the delineation of all wetlands, floodplains, and shoreland areas.
(10) A grading plan and erosion control plan consistent with best management practices must also be submitted.
(11) Preliminary covenants and documents for a homeowners association, condominium association, or other joint maintenance mechanism to be approved by the city that includes:
(a) Ownership and membership requirements.
(b) Organization of the association.
(c) Time at which the developer turns the association over to the members.
(d) Approximate monthly or yearly association fee for members.
(e) Specific listing of items owned in common, including such items as roads, recreational facilities, parking, common open spaces, and utilities, and any public areas subject to association maintenance.
(13) A development agreement shall be entered into with the city to ensure compliance with the terms and conditions of an approved PUD. Such an agreement shall include the uses permitted in the PUD, the details of waivers or departures from conventional dimensional standards and other ordinance requirements and all other special conditions and features of the PUD. Such an agreement shall include all other standard provisions of development agreements required by the city to assure ordinance conformance and financial guarantees.
(I) Required actions.
(1) Sketch plan. The Planning Commission shall recommend either approval, approval with modifications, or denial of the PUD sketch plan. Such recommendation shall be based upon the determination that the proposed development either may qualify as a PUD and appears to be capable of satisfying the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD. The City Council shall consider the recommendations of the Planning Commission and either approve, approve with modifications, or deny the PUD sketch plan. Such action shall be based upon the determination that the proposed development either may qualify as a PUD and appears to be capable of satisfying the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD.
(2) Concept PUD. The Planning Commission shall recommend either approval, approval with modifications, or denial of the Concept PUD. Such recommendation shall be based upon the determination that the proposed development either qualifies as a PUD and will satisfy the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD and does not satisfy the provisions and requirements of the PUD District. The City Council shall consider the recommendations of the Planning Commission and either approve, approve with modifications, or deny the PUD sketch plan. Such action shall be based upon the determination that the proposed development either qualifies as a PUD and will satisfy the provisions and requirements of the PUD District or the proposed development does not satisfy the provisions and requirements of the PUD District and the proposed development does not qualify as a PUD.
(3) Final PUD.
(a) A Final PUD shall be submitted with the final plat, containing final development plan details and required modifications. All phased developments shall require a Final PUD submitted with each subsequent final plat. The Final PUD shall contain final architectural plans for all uses and detailed site plans for all non-single family detached residential uses. The Final PUD shall not be inconsistent with the approved Concept PUD, except as modified and approved by the city.
(b) The Planning Commission shall recommend either approval, approval with modifications, or denial of the Final PUD. Such recommendation shall be based upon the determination that the Final PUD is consistent with the approved Concept PUD, modified appropriately, or inconsistent with the approved Concept PUD. The City Council shall either approve, approve with modifications, or deny the Final PUD. Such action shall be based upon the determination that the Final PUD is consistent with the approved Concept PUD, modified appropriately, or inconsistent with the approved Concept PUD.
(J) Zoning amendment and zoning map.
(1) Upon approval of a PUD and completion of the procedures required for amending zoning classifications, the land within a PUD may be zoned PUD. Alternatively, all or portions of a PUD which conform to the district dimensional standards and district uses of the zoning ordinance may be assigned specific zoning district classifications. The PUD District classification shall imply that approved PUD uses and dimensional standards are in conformance with the Cologne zoning ordinance. Each amendment to the zoning ordinance establishing a PUD District shall include an amendment to the Cologne zoning map, illustrating the amended zoning classification, and an appendix, illustrating the uses permitted within the development, the amended dimensional standards for each use, and other performance standards pertinent to the approved PUD.
(2) Subsequent uses and structural improvements within a PUD, including but not limited to new uses, building additions, and site plan revisions, shall conform to the approved uses and approved development standards within the approved PUD. The city may at its discretion interpret such new uses and revisions to be consistent with the approved PUD or at its discretion may require an amendment to the PUD. Any amendment to a PUD shall follow the procedures established in this section to review and approve a PUD.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.038 C-1 CONVENIENCE COMMERCIAL DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the C-1 District provide limited convenience commercial uses near major intersections and residential neighborhoods. It is also the purpose of the C-1 District to minimize the impacts which may exist between dissimilar land uses.
(B) Permitted uses. Self-service gasoline station and convenience store.
(C) Special requirements.
(1) Except for gas pumps, all operation shall be conducted within the principal building.
(2) No automobile service, repair, maintenance, sale or storage shall be permitted.
(3) Where abutting a residential district, a screen wall or fence eight feet in height and having 90% opacity shall be required along the common property line between the uses.
(4) Parking and maneuvering areas shall be paved and curbed.
(5) The site shall be planned so as not to allow water from a permitted car wash to run into a public street or accesses thereto. A drainage system shall be installed subject to the approval of the city.
(6) Pump islands and canopies shall conform to yard requirements or a minimum of 30 feet from a street right-of-way whichever is greater.
(7) Parking for employees, customers and stacking shall be provided in accordance with other provisions of this chapter.
(8) Artificial lighting shall be accomplished so as to have no direct light source visible from a public street or a residential district.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.039 C-2 CENTRAL BUSINESS DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the C-2 District provide for the unique layout and character of a traditional central business district with retail and professional office functions and other mixed uses.
(B) Permitted uses.
(1) Retail sales conducted within structures, but excluding automobile and motorized equipment sales, truck stops, gasoline and fuel sales, drive-through restaurants and adult-oriented businesses.
(2) Repair and service conducted within structures, but excluding automobile and motorized equipment repair.
(3) Professional and business offices.
(4) Legal, nonconforming residences and accessory uses.
(5) Accessory apartments.
(6) Theaters and recreational businesses conducted within structures, but excluding adult-oriented businesses.
(7) Daycare centers.
(8) Cabinet making and sales showroom.
(C) Interim uses.
(1) Tractor trailer parking.
(2) Masonry construction trade business and showroom.
(3) Churches and pre-schools in renovated pre-existing commercial structures, located on A-Minor Arterial Highways as depicted on figure four of the City of Cologne 2030 Comprehensive Plan.
(4) Used automobile sales as an accessory use to legal nonconforming automobile body repair businesses.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007; Am. Ord. 150-Q, passed 10-5-2009; Am. Ord. 150-R, passed 4-5-2010)
§ 153.040 C-3 GENERAL COMMERCIAL DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002 , it is intended that the C-3 District provide opportunities for retail and service business uses which require larger development sites, highway visibility or highway access.
(B) Permitted uses.
(1) Retail sales and service, but excluding adult-oriented businesses.
(2) Automobile and motorized equipment sales and service.
(3) Farm implement sales and service.
(4) Building supply sales and storage yards.
(5) Daycare centers.
(6) Funeral homes and mortuaries.
(7) Hotels and motels.
(8) Wholesale distribution.
(9) Full service gasoline sales and service.
(10) Accessory apartments in structures built prior to 1990.
(11) Agricultural service businesses.
(12) Rental storage buildings (mini-storage).
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007; Ord. 150-T, passed 11-5-2012)
§ 153.041 INDUSTRIAL PARK DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the I-1 District provide opportunities for light manufacturing and industrial uses, trade businesses, machine shops and other more extensive land uses.
(B) Permitted uses.
(1) Business and professional offices.
(2) Machine and repair shops.
(3) Construction trade offices and yards.
(4) Manufacturing, warehousing, distribution, processing, packaging, assembly and research uses, except waste management.
(5) Adult-oriented business.
(6) Motor vehicle service and repair.
(C) Special requirements.
(1) The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless totally screened from public rights of way and adjacent properties.
(2) Adult-oriented businesses are regulated by city of Cologne ordinance 135.
(3) The maximum height allowable for structures accessory to principal uses, such as towers, spires, chimneys, agricultural elevators and blending equipment, and similar accessory structures, is 90 feet.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007; Ord. 150-S, passed 8-16-2010)
§ 153.042 P/I PUBLIC/INSTITUTIONAL DISTRICT.
(A) Purpose. In addition to the purposes stated in § 153.002, it is intended that the P/I District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses.
(B) Permitted uses.
(1) Government buildings, structures, facilities, utilities, rights-of-way, easements, parks, open spaces and vacant land.
(2) Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.043 DIMENSIONAL STANDARDS.
Minimum lot area, width, and setbacks, and maximum density, height, and lot coverage are listed for all zoning districts below. Front yards exist on both sides of corner lots that abut public rights-of-way. Special requirements for accessory structures are included in § 153.016. Special requirements for fencing are included in § 153.076. Special requirements for signs are located in § 153.077. Special requirements for structures located within State shoreland areas are included in § 153.046.
District
|
Lot Area | Lot Width2 | Max. Density3 | Front Yard4 | Side Yard5 | Rear Yard6 |
Max. Height
| Lot Coverage7 |
District
|
Lot Area | Lot Width2 | Max. Density3 | Front Yard4 | Side Yard5 | Rear Yard6 |
Max. Height
| Lot Coverage7 |
A | 40 acre | 300 ft | 1/40 acre | 50 ft | 50 ft | 50 ft | 50 ft | N/A |
R-1 | 10,000 sf | 90 ft | 3/acre | 30 ft | 10 ft | 30 ft | 30 ft | 25% |
R-2 | 6,000 sf1 | 100 ft | 6/acre | 30 ft | 10 ft | 30 ft | 35 ft | 50% |
R-3 | 2,720 sf1 | 120 ft | 16/acre | 30 ft | 10 ft | 30 ft | 40 ft | 75% |
PUD | Varies | Varies | Varies | 30 ft | 10 ft | 30 ft | 40 ft | Varies |
C-1 | 20,000 sf | 120 ft | N/A | 30 ft | 30 ft | 30 ft | 40 ft | 75% |
C-2 | 7,500 sf | 50 ft | N/A | N/A | N/A | N/A | 40 ft | N/A |
C-3 | 20,000 sf | 120 ft | N/A | 30 ft | 30 ft | 30 ft | 40 ft
9 | 75% |
I-1 | 20,000 sf | 120 ft | N/A | 30 ft | 30 ft | 30 ft | 40 ft
8 | 75% |
P/I | 20,000 sf | 120 ft | N/A | 30 ft | 30 ft | 30 ft | 40 ft | 50% |
Notes to table: | ||||||||
1. Minimum lot area per dwelling unit. | ||||||||
2. Corner lots for all uses must be 15 feet wider to accommodate double setback requirements; lot width averaging is permitted in the R-1 District, provided no lot is less than 75 feet in width and the number of lots less than 90 feet and the degree of deviation from 90 feet is commensurate with the number of lots greater than 90 feet and the degree of deviation from 90 feet (corner lots, if averaged, must include the additional 15 feet lot width). For determining consistency with ordinance requirements, 75 feet and greater lot widths shall be considered conforming. | ||||||||
3. Units per net acreage (net acreage equals gross acreage less wetlands, surface water, floodplain, and existing road easements or rights-of-way). | ||||||||
4. Parking and loading areas may occupy one-half of the required yard area. | ||||||||
5. Yards with street frontage in residential districts shall be 30 feet. The yard areas opposite corner lot street frontages shall be considered side yards. Parking and loading areas may occupy one-half of the required yard area.
| ||||||||
6. Parking and loading areas may occupy one-half of the required yard area. | ||||||||
7. Relationship of impervious surface area to total site area.
| ||||||||
8. The maximum height for accessory structures in the I-1 District, as described in § 153.041(C)(3), is 90 feet. | ||||||||
9. The maximum height for agricultural service business principal structures is 75 feet and the maximum height for agricultural service business accessory structures, such as agricultural elevators, towers, spires, blending equipment, and similar accessory structures, is 160 feet. | ||||||||
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007; Ord. 150-S, passed 8-16-2010; Ord. 150-U, passed 3-17-2014)
§ 153.044 PARKING REQUIREMENTS.
The following table illustrates the minimum number of parking spaces required for various uses permitted in the City. The City may modify minimum parking requirements in the C-2 District, if it is determined that the use is consistent with the purpose of the district and street parking is sufficient to accommodate the use.
Uses
|
Minimum Parking Required |
Uses
|
Minimum Parking Required |
Car wash | 5 stacking plus 1/bay |
Churches | 1/3 seats in largest assembly |
Convenience store | 7/1,000 sf gross floor area |
Drive-up restaurant | 5 stacking plus 1/3 seats |
General service | 4/1,000 sf gross floor area |
Manufacturing | 3/1,000 sf gross floor area |
Offices | 5/1,000 sf gross floor area |
Other industry | 3/1,000 sf gross floor area |
Residential | 2/dwelling unit |
Restaurants | 1/3 seats |
Retail | 6/1,000 sf gross floor area |
Schools | 1/classroom plus 1/3 seats in largest assembly |
Theaters | 1/3 seats |
Trade business | 3/1,000 sf gross floor area |
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.045 DO DOWNTOWN OVERLAY DISTRICT.
(A) Purpose. Lot dimensions, lot areas and structure placement on many of the lots in the older portion of the city are inconsistent with current dimensional standards required in this chapter. The C-2 District incorporates relief from traditional dimensional standards; yet, other zoning districts in the older portion of the city have existing lot conditions similar to the C-2 District. In order to preserve the unique character of the older portion of the city and to protect existing public and private investments in property in this area, the Downtown Overlay (DO) District is hereby established. The expressed purpose of the DO District is to permit flexibility in meeting the strict dimensional requirements of this chapter and to avoid widespread nonconformance with performance standards in this unique area.
(B) Permitted uses. The permitted uses in the DO District shall be the same as those permitted in the underlying zoning district.
(C) Special requirements. Lots in existence on September 1, 2000 within the DO District shall meet the dimensional standards of the C-2 District. Lots created after September 1, 2000 shall meet the lot area and lot width requirements of underlying zoning districts; except that, average dimensional standards of abutting parcels in the same zoning district may be used to govern new parcel dimensions. Setbacks from Highway 284 shall be governed by the average existing structure or use setback in the block in which a new structure or use is proposed. Nothing in this section shall be construed as a waiver from easement requirements or from the special conditions applicable within the SO Shoreland Overlay District.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.046 SHORELAND OVERLAY DISTRICT.
(A) Purpose. The uncontrolled use of shorelands of Cologne affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Cologne.
(B) Jurisdiction. The provisions of this article shall apply to the shorelands of the public waters as classified in division (E) below. Pursuant to Minn. Rules, parts 6120.2500 to 6120.3900, lakes, ponds, or flowage less than ten acres in size are exempt from this chapter. A body of water created by a private user where there was no previous shoreland is exempt from this subchapter.
(C) Variances. The Board of Appeals and Adjustments shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in division (D) below shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.
(D) Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances or amendments under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten days of final action.
(E) Shoreland classification system.
(1) The public waters of Cologne have been classified below consistent with the criteria found in Minn. Rules, part 6120.3300, and the Protected Waters Inventory Map for Carver County, Minnesota. The shoreland area for the waterbodies listed below shall be as defined in this Section and as shown on the official zoning map.
(a) Lakes.
1. Natural Environmental Lake: Meuwissen;
2. General Development Lake: Benton Lake.
(b) Rivers and streams. Tributary Streams: Benton Creek.
(2) All protected watercourses in Cologne shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, not given a classification herein shall be considered tributary.
(F) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this chapter for the lake and river/stream classification are as follows:
(1) Sewered lakes: natural environment.
Riparian Lots
|
Non-riparian Lots
| |||
Unit | Area | Width | Area | Width |
Single | 40,000 sf | 125 ft | 20,000 sf | 125 sf |
Duplex | 70,000 sf | 225 ft | 35,000 sf | 220 sf |
Triplex | 100,000 sf | 325 ft | 52,000 sf | 315 sf |
Quad | 130,000 sf | 425 ft | 65,000 sf | 410 sf |
(2) Sewered lakes: general development.
Riparian Lots
|
Non-riparian Lots
| |||
Unit | Area | Width | Area | Width |
Single | 15,000 sf | 75 ft | 10,000 sf | 75 ft |
Duplex | 35,000 sf | 135 ft | 26,000 sf | 135 ft |
Triplex | 50,000 sf | 195 ft | 38,000 sf | 190 ft |
Quad | 65,000 sf | 255 ft | 49,000 sf | 245 ft |
(3) Sewered tributary rivers/streams lot widths. There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for tributary rivers or streams are as follows:
Unit
|
Lot Width |
Single | 75 ft |
Duplex | 100 ft |
Triplex | 120 ft |
Quad | 120 ft |
(4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in divisions (F)(1) through (F)(3) can only be allowed if designed and approved as planned residential districts pursuant to § 153.037. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line.
(G) Placement of structures on lots.
(1) When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and on-site sewage treatment systems shall be setback from the ordinary high water level as follows:
Setbacks for
| |||
Classes of Public Waters | Sewered Structures | Unsewered Structures | Sewage Treatment Systems |
Lakes | |||
Natural environment | 150 ft | 150 ft | 150 ft |
General development | 50 ft | 75 ft | 75 ft |
Rivers | |||
Agricultural, tributary | 50 ft | 100 ft | 75 ft |
(2) (a) When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure.
(b) One water-oriented accessory structure designed in accordance with these provisions may be setback a minimum distance of ten feet from the ordinary high water level.
(c) Uncovered and unenclosed decks, supported by post footings and which are unenclosed around the post footings or that area below the deck, may encroach a maximum of ten feet into the setback area from the ordinary high water level.
(H) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody.
Setback From
|
Setback |
Top of bluff | 30 ft |
Unplatted cemetery | 50 ft |
Right-of-way line of federal state, or county highway | 50 ft |
Right-of-way line of town road, public street, or other roads or streets not classified | 20 ft |
(I) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
(J) Non-residential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall 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.
(K) Design criteria for structures.
(1) High water elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed shall be determined as follows:
(a) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
(b) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minn. Rules, parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and
(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in divisions (G) and (H) if this water-oriented accessory structure complies with the following provisions:
(a) The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.
(b) The setback of the structure or facility from the ordinary high water level shall be at least ten feet;
(c) The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(d) The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area;
(e) The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and
(f) As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
(3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:
(a) Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
(b) Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space, and recreational properties;
(c) Canopies or roofs are not allowed on stairways, lifts, or landings;
(d) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and build in a manner that ensures control of soil erosion;
(e) Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
(f) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (K)(3)(a) to (e), above, are complied with in addition to the requirements of Minn. Rules, Chapter 1340.
(4) Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(5) Steep slopes. The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(L) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height.
(M) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by division (O) are exempt from the following vegetation alteration standards.
(2) Removal or alteration of vegetation is allowed subject to the following standards:
(a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if permitted as part of a development approved by the City Council if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
(b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
2. Along rivers, existing shading of water surfaces is preserved; and
3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
(N) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this subchapter. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(O) Placement and design of roads, driveways, and parking areas.
(1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
(2) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts.
(3) Public and watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met.
(P) Stormwater management. Impervious surface coverage of lots shall not exceed 25% of the lot area, except 35% is permitted for medium/high density residential zones developed in accordance with Planned Residential District.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)
§ 153.047 TEMPORARY FAMILY HEALTH CARE DWELLINGS OPT OUT.
Pursuant to the authority granted by M.S. § 462.3593, the city opts out of the requirements of M.S. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings.
(Ord. 150-V, passed 7-18-2016)